Terms and Conditions
Terms and Conditions: RENTAL RULES AND REGULATIONS FOR STAY MONTANA and LONE MOUNTAIN ESCAPES
This is a Vacation Rental Agreement. Your signature on this Agreement is evidence of your acceptance of the Agreement and of your intent to use the premises as a vacation rental and not as a permanent or primary residence. This Agreement shall NOT be binding until signed by the property manager. The manager herein is Stay Montana, LLC and Lone Mountain Escapes, which manages the premises as agent for the owner. Manager executes this Vacation Rental Agreement only as disclosed agent of the owner and not on the manager’s own behalf. Manager is authorized to accept service of process, notices, and demands on behalf of the owner. The address of the manager for purpose of service of process, notices, and demands is 1807 W Dickerson, Suite A, Bozeman, MT 59715.
1. INITIAL PAYMENT: If you consent to the terms of this Agreement, we require the payment for half your stay and the security deposit (if this option is selected) to be paid upon completing the reservation.
2. FINAL PAYMENT: The final payment is due 60 days prior to arrival date.
3. CANCELLATION: We require 60 days cancellation notice in writing prior to the check-in date. If given 60 days or more notice, 100% of the initial payment will be refunded. If less than 60 days notice is given, 100% of the amount due will be forfeited. Management reserves the right to cancel this Agreement with 60 days notice provided to the guest. If a cancellation does occur on behalf of management, all monies shall be returned to the guest.
No refunds will be given for storms that alter your plans. Mountain roads are winding and steep, we highly recommend a four-wheel drive vehicle and/or chains during the snow months. We do not refund due to (A) inclement weather; (B) malfunction of equipment and/or any property amenities (e.g. TVs, DVDs, telephone, hot tub, internet, etc.); or (C) natural disasters or other situations beyond our control. Management will make a reasonable effort to ensure repairs are made and that all equipment is kept in good working order and condition.
4. VACATION RENTAL INSURANCE OR SECURITY DEPOSIT: Vacation Rental Insurance through CSA has been made available with your reservation. Vacation Rental Insurance reimburses for pre-paid, non-refundable expenses due to certain unforeseeable circumstances that may jeopardize your vacation investment and force you to incur unplanned expenses. We strongly recommend you purchase this valuable protection. If not purchased, you acknowledge you have read and understand our cancellation policy and choose not to purchase Vacation Rental Insurance on behalf of all occupants. Separate terms and conditions apply, read your policy carefully and contact CSA at (866) 999-4018 with coverage questions.
If guest should choose to forego the purchase of the Vacation Rental Insurance, the guest shall deposit with the manager, concurrent with the signing of this Agreement, a security deposit of $3,000.00. Manager may deduct from the security deposit a sum equal to any damage alleged to have been caused by tenant; a sum for the cost of any necessary cleaning expenses above the cleaning fee detailed in Section 7 of this Agreement; a sum equal to any unpaid rent, late charges, or penalties due under this Agreement; and other money owed by the guest at the time of deduction or as otherwise provided by any applicable provisions of Montana law. As mentioned above, the Vacation Rental Insurance may be purchased in lieu of the deposit for $49.00 at the time of booking. If a security deposit is provided in lieu of the protection plan, the $3,000.00 is fully refundable within 5 days of departure providing:
No damage is done to unit or its contents, beyond normal wear and tear.
No pets or evidence of smoking are discovered, unless pets have been agreed upon prior to check-in and pet security deposit has been paid.
All debris, rubbish and discards are placed in refuse containers; and all soiled dishes are placed in the dishwasher, and the dishwasher has been started.
A key is left in the lock box, other keys are left on the counter, and the home is left secured.
Garage door opener, pool keys and permanent parking passes are left on the counter (if provided). A $75 replacement fee will incur if lost.
No linens are lost or damaged.
Guest will vacate property at the agreed upon time and surrender it to management, empty of all persons and guest’s personal property.
The guest shall be responsible for all damages or alterations caused by the guest`s intentional negligence and that of any occupant or visitor during the specified rental period. Should any damages or alterations be noted upon inspection after the guest`s departure, the guest agrees to pay for all costs of repair and authorizes the credit card on file to be charged. If the charges or damages exceed the guest’s credit limit, the guest will pay the difference immediately.
5. CHECK-IN AND CHECK-OUT: The check-in time is 4:00 pm, and the check-out time is 10:00 am. Tenant will be charged for an additional day’s rent if not checked out by 10:00 am. All early check-ins and late check-outs must be arranged in writing with management prior to check-in and may require additional charges.
6. GUEST GENERAL DUTIES: Guest will maintain the property in good and clean condition and will use the property in a careful and lawful manner, not exceeding the maximum number of guests as specified in the property description. Additional guests will result in an immediate termination of this Rental Agreement and forfeiture of all rental fees. Guest will, on arrival, examine the property and will immediately report any damages discovered or any equipment not in operating condition. Guest will pay for any damage to the property, including and without limitation any necessary or appropriate maintenance and/or repairs required because of guest’s damage. Guest is responsible for securing the property, including windows and doors. Guest will be responsible for any losses due to guest’s failure to properly secure the property. Guest will leave the property in good condition (less ordinary wear and tear) as received by guest upon guest’s arrival.
7. CLEANING: At the end of the rental term, guest shall remove all personal property and leave the premises reasonably clean and in good condition. All trash should be placed in plastic trash bags, tied securely, and placed in garbage bins. All dishes should be washed and put away, and all windows should be closed and locked prior to check-out. While linens and bath towels are included in the unit, daily housekeeping services are not included in the rental rate. You may inquire about this service for an additional fee.
8. REPAIRS: All repairs and maintenance problems should be referred to management. Air conditioners, TVs, and other appliances may occasionally malfunction and cannot be guaranteed to perform. Management guarantees that repairs will be done as soon as possible during normal business hours.
There will be no refunds for furnishings or early departure due to breakdown of air conditioner, heater, appliances, and so on if breakdown is due to weather and/or other conditions over which management has no control.
9. PERSONAL PROPERTY: Neither the owner nor the manager is responsible for the loss or damage of a guest’s personal property, including vehicles and property left in vehicles. Items left in rental unit will be returned where possible at the guest’s expense. BY SIGNING THIS RENTAL AGREEMENT, THE TENANT AGREES THAT UPON SURRENDER OR ABANDONMENT, AS DEFINED BY MCA 70-24-430, MANAGEMENT SHALL BE RESPONSIBLE FOR STORAGE OR DISPOSITION OF THE GUEST’S PERSONAL PROPERTY AS DESCRIBED UNDER MONTANA LAW. A FEE WILL BE CHARGED FOR THIS SERVICE AND FOR STORAGE COSTS. Additionally, by signing below, guest hereby authorizes towing and/or removal of any vehicles abandoned by the guest or their visitors on the premises.
10. PETS: Guest will not bring or allow pets (unless previously approved for management) on the premises. Evidence of a pet will be grounds for immediate termination of Agreement, and no refund will be provided for early departure. Evidence of a pet will result in an additional $500.00 cleaning fee.
11. NO SMOKING: No smoking is allowed inside the house. Any evidence of smoking in the unit will result in an additional $500.00 cleaning fee, related to cleaning up smoke related damage to the property, and will be charged to the guest.
12. PARKING: Guest agrees that no parking is allowed except for in the area designated for parking. Any damage to lawns or landscape will be charged to guest. Guest is not to repair or disassemble vehicles on the premises. Any illegally parked cars are subject to towing; any applicable fines/towing fees are the sole responsibility of the vehicle owner. Parking passes are located inside the unit, if necessary. Renters must display parking pass on vehicle at all times. Failure to displace may result in towing of vehicle at renter’s expense. Parking pass should be left inside the unit upon departure.
13. HOT TUBS: No children under the age of 12 are permitted in hot tubs without an adult present at all times. When using the hot tub, remember there are certain health risks associated with this amenity. Guest use of the hot tub is at guest’s sole risk. Management makes no representations or warranties concerning the conditions and/or use of the hot tub. Guest is fully aware that the hot tub and surrounding patio/deck may be dangerous. Guest will learn about safety precautions. A local hot tub company sanitizes, refills, and replenishes chemicals in all tubs prior to guest arrival. Therefore, the water may not be warm until later in the evening on the first day of your stay.
If the hot tub is left excessively dirty and requires additional service, you will be charged an additional $50. Hot tub covers are for insulation purposes and are not designed to support a person(s). DO NOT STAND ON THE HOT TUB COVERS! They will break, and you will be charged for a replacement cover. Please remember to cover hot tub when not in use to maintain temperature. If at any time the hot tub looks cloudy or dirty, cease further use of the hot tub and call management immediately.
14. SKI ACCESS: We cannot guarantee the snow conditions at the time of your rental and are in no way liable for snow conditions that contribute to limited or restricted ski access. Owner does not own or operate the ski facilities and makes no representations regarding the same. Owner and management shall not be liable for any loss or injuries due to ski activities. The operation of the ski facilities may have additional fees for usage or equipment, if ski access is desired.
15. GUESTS/PARTIES/NOISE: House parties are strictly prohibited. The guest must supervise any visitors while on the premises. Guests and their visitors agree not to violate the quiet enjoyment of the surrounding neighbors and to respect their privacy and property. Guests and their visitors must abide by the rules and regulations set forth by management and the HOA. Guest shall obtain pre-approval for any visitors not listed in this Agreement.
16. RIGHT TO ENTER: Agent shall have the right to enter the premises for inspection, maintenance, and repair during reasonable hours.
17. ATTORNEY’S FEES: If management employs an attorney to enforce the terms and conditions of this Agreement, guest shall be responsible for all costs and reasonable attorney’s fees incurred by the agent whether or not suit is filed. Both agent and guest waive the right to demand a jury trial concerning any litigation between agent and guest.
18. NON-WAIVER: Any failure by the agent to exercise any rights under this Agreement or Montana law shall not constitute a waiver of the agent’s rights.
19. INDEMNIFICATION: Guest agrees to reimburse agent upon demand for the cost of repairs or service caused by the negligence or improper use by guests, their family, or visitors. Guest will indemnify and hold harmless agent from all losses, damages, liabilities, and expenses which can be claimed against agent for any injuries or damages to person or property caused by the acts, omissions, neglect, or fault of the guest, their family, or visitors; or arising from guest’s failure to comply with any applicable laws, statutes, ordinances, or regulations.
20. MODIFICATIONS: No subsequent alteration, amendment, changes, or additions to this lease shall be binding upon the agent or guest unless reduced to writing and signed by the parties.
21. VIOLATIONS: Guest fully acknowledges and accepts all terms and conditions of this Agreement. Any violations of this Agreement may result in early termination without reimbursement and/or fees up to 3 times the daily rent.
22. ENTIRE AGREEMENT: This lease, exhibits, and attachments, if any, set forth the entire agreement between agent and tenant concerning the premises. There are no covenants, promises, agreements, conditions, or understandings between them other than those set forth herein. If any provision in this Agreement is illegal, invalid, or unenforceable, that provision shall be void. All other terms and conditions of this Agreement shall be in effect. Each guest executing this Agreement shall be jointly and severally liable for all obligations herein. Each guest on the lease shall be held jointly and severally liable for the full performance of the lease.