For purposes of this agreement: (i) references to “you,” “your” and “Guest” means the individual submitting payment and all occupants of the property during the stay; (ii) references to “we,” “us,” “our,” “Manager,” and “Stay Montana” means Stay Montana, LLC, (iii) references to “Owner” means the owner(s) of the rental property; and (iv) references to the “property,” “accommodation” or the “unit” means the property rented by the Guest.
1. RENTER REQUIREMENTS
For legal and accounting purposes, the person placing the reservation must be the same as the credit card holder. This person is considered to be the Guest and must be 25 years of age or older; and must be present and staying in the unit at all times. All other persons involved with the rental are considered to be the Guest's invitees, and all discussion regarding reservation, cancellation, and damage policies will be discussed only with the Guest, not the Guest's invitees. Reservations made by parents or guardians or other relatives for their unaccompanied young adult (under 25 years of age) will be considered falsified and will be immediately evicted and forfeit total booking charges.
2. 24 HOUR WINDOW AFTER BOOKING
If this vacation rental agreement is not signed and initial payment is not made within 24 hours of the initial booking, Stay Montana reserves the right to cancel this reservation. Stay Montana also reserves the right to correct or adjust rates to the published rates at the time of reservation if the rates have been misquoted due to human and/or computer error. The Guest may also cancel this reservation within 24 hours of reservation for any reason and without penalty.
3. PAYMENT SCHEDULE
50% of the total booking charges are due at time of booking to confirm your reservation. This advanced payment is not a security deposit, as it will be applied toward the total booking charges for the reservation. The final payment is due (sixty) 60 days prior to arrival. This payment will be collected using the credit card on file that was used for the initial payment. If this credit card is declined and the Guest is unavailable and/or unable to provide a valid credit card, the reservation will be canceled. If property is reserved less than (sixty) 60 days prior to arrival the 100% of the total payment is due at the time of booking.
4. NUMBER OF GUESTS – USE OF PROPERTY
Guest(s) agrees that more than the number of people stated on the reservation shall not occupy the premises. Unauthorized people at the vacation rental at any time could result in extra charges for each additional Guest, in addition to any and all damage, disturbance, and cleaning charges. The rental is not intended for parties, nor gatherings at any time of anyone except those who have paid to occupy the property. Exceptions are made on an individual basis - please contact Stay Montana for prior approval. If there is excessive noise or music, any illegal activity, or evidence of violation of these policies, you may be asked to vacate the premise without any refund and additional charges may be assessed.
Please inform us of any change in the number of Guests before your arrival to avoid these charges and so the property can be prepared appropriately for your group. Individual properties have maximum occupancy limits to comfortably and safely house our Guests, which cannot be exceeded. No exceptions or refunds are given for changes in the number of Guests after your arrival.
5. CANCELLATION POLICY
Reservations may be cancelled in writing to email@example.com at least sixty (60) calendar days prior to your check-in date. In such instances, your advance payment will be refunded to your credit card, minus the booking fee (6% of the rental rate). If the cancellation notice is received after 11:59pm MST on day (fifty-nine) 59 prior to your check-in date, then 100% of the amount due will be forfeited.
Please note that cancelling for sickness, fear of travel, or quarantine requirements is not a refundable event. There are no refundable events after day 59 (fifty-nine) from your booking date unless stated in writing as a valid promotion offer by Stay Montana.
Stay Montana will make every effort to re-book these dates. If all or a portion of the dates are re-rented, a refund will be provided for the re-rented portion at the rate secured on the new reservation not to exceed the original booking amount paid, minus the booking fee.
Property changes or length of stay reductions will not result in any refund if made within (fifty-nine) 59 days of arrival. There is no refund for early departure or late arrival.
Stay Montana also reserves the right to cancel this agreement with a (sixty) 60-day notice provided to the Guest. If a cancellation does occur on behalf of management, all monies shall be returned to Guest.
6. COVID-19 OR OTHER LIKE CIRCUMSTANCE
In the event of an unforeseen circumstance such as the unexpected closure of a Resort, global pandemic, natural disaster, or world events out of the control of the parties, and the event prohibits travel or the opportunity to stay at the reserved property, Stay Montana will issue a travel voucher for the full value of the reservation good for up to one year from departure date in the original property reserved, and Guest is responsible for any difference in rental rate.
Please note fear of travel related to Covid-19 or quarantine requirements in your home state or any other state or country is no longer an unforeseen circumstance nor unexpected. Guest acknowledges that Covid-19 is not an unforeseen circumstance.
Guest agrees to follow Centers for Disease Control (“CDC”) guidelines and stay at home, cancel or postpone reservation if displaying symptoms of SARS-CoV02, and COVID-19 or any other contagious disease/illness monitored by the CDC. Although every effort is made to maintain a safe environment in the property, illness may occur; whether it be a common cold, influenza, COVID-19 or any other situation causing ill health. Guest further agrees to notify Stay Montana should any communicable illness be diagnosed while staying at the Property to help prevent the spread of said illness/disease. Guest agrees that they shall make no claim, whatsoever, against Stay Montana, the property, property Owner, property manager, property manager’s agents, all of their successors, heirs, family and assigns arising out of travel, stay or occupancy or for any other exposure that may have caused said illness.
Guest specifically agrees that it shall forever waive, indemnify and hold harmless any claims, damages, suits, actions, liabilities and costs of any kind or nature brought against property, property Owner, property managers, agents, Stay Montana, its agents, family, heirs or successors arising or resulting from or in any way connected with this Agreement and the action, actions or inactions therefrom.
7. TRAVEL INSURANCE
Stay Montana has partnered with RentalGuardian.com® and InsureStays™ to help safeguard your booking deposit and other pre-paid non-refundable payments related to planned travel. We strongly encourage you to purchase optional travel insurance. You cannot purchase this travel insurance any later than (fourteen) 14 days from booking or less than (thirty) 30 days prior to arrival.
No discounts or refunds will be given for: (A) COVID-19 related illness, shutdowns, or quarantines; (B) inclement weather or lack of snow; (C) late arrivals or early departures; (D) malfunction of equipment and/or any property amenities (e.g. TVs, DVDs, telephone, hot tub, internet, etc.); (E) housekeeping issues; (F) noise or other disturbances; (G) road conditions – 4WD vehicles with high clearance are recommended; or (H) acts of God (i.e. natural disasters or other acts 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.
If you declined travel insurance, you acknowledge you have read and understand our cancellation policy and are choosing to not purchase Travel Insurance on behalf of all individuals in the Guest party.
8. DAMAGE POLICY
As a condition to the rental of all vacation properties, Stay Montana reserves the right to charge the Guest's credit card for any and all uncovered Guest/invitee caused losses and damages sustained to the vacation property throughout the duration of their period of occupancy. In the event of any uncovered or discovered Guest/invitee-caused loss or damage to the vacation property, including, but not limited to, undue cleaning, eviction, service calls, service charges, fines/assessments, repairs or replacements, plus all applicable taxes, Stay Montana is hereby granted the right to charge the Guest's credit card. By written or electronic endorsement of this agreement, the Guest hereby agrees to pay for all such charges, as defined above and on the proceeding pages.
9. PEACE OF MIND PROTECTION
An Accidental Damage Waiver fee is included in your reservation booking total. This waiver or "peace of mind" coverage provides you the Guest and your invitees with coverage for accidental damage up to $3,000.00 that may take place at the property during your stay. The waiver or coverage only applies to accidental damages that are reported prior to checkout. Damages or losses excluded from or otherwise not covered by the waiver will be charged to the Guest. Guests give Stay Montana permission to charge the credit card on file for any damages over this $3,000.00 amount covered by the damage waiver. Failure to pay will result in turnover to an attorney.
10. ACCOMMODATIONS SELECTION
Stay Montana will reserve the specific unit selected at time of booking. These properties are individually owned and furnished by the Owners and are subject to change without notice. Relocations, adjustments or refunds will not be allowed because the property does not meet your preferences or expectations upon arrival.
There may be unforeseen circumstances that prevent the property from being available or is deemed unsuitable for rental. In this rare case, Stay Montana will either offer the Guest a full refund or relocate your reservation to a comparable property if available and within its sole discretion. In all circumstances, Stay Montana’s maximum liability to Guest shall be limited to the amount of the Total Fees paid by the Guest under this agreement.
11. CHECK-IN TIME
Driving Directions and the code to access the property will be emailed to you (seven) 7 days prior to arrival. Check in begins at 4:00pm Mountain Time Zone and we will do our best to have the property ready. In rare cases, due to unexpected housekeeping or maintenance issues, check-in may be unavoidably delayed. An early arrival may be arranged, pending other reservations and the housekeeping schedule. Please contact us no more than 24 hours prior to your arrival to make these arrangements.
Unless you have specifically arranged for an early arrival time, please do not arrive at the property before your scheduled check in time. You are not allowed to enter the property until our Property Manager has completed their final inspection; and you are not authorized to access the property when housekeeping is present. Doing so may result in a fee equal to 50% of one nights’ rental amount. Please call or email our office for updates the afternoon of your arrival so that we can keep you informed of the status of the property being ready for your access.
12. UPON ARRIVAL
Please locate the Tablet (located in or near the kitchen) which will prompt you to “check-in” and complete a first impression survey. This Tablet will serve as your property guide during your stay. Please refer to it for information about the property and local area. There is also a chat feature you can use to communicate with our team which may be more convenient than email or phone call. If there are concerns or issues with your rental property, please let us know right away so we can address them for you.
13. GUEST GENERAL DUTIES
As a reminder, you are staying in someone else’s home, please treat it with care as if it were your own. Guests will maintain the property in good and clean condition and will use the property in a careful and lawful manner.
Guests will use and/or operate all furniture, furnishings, appliances, electric, gas, and plumbing fixtures located in and around the property safely and only for their intended purposes. If Guest does not know how to properly use/operate any equipment, Guest is to contact Stay Montana or refer to the Property Tablet for instructions. Any damage caused by Guest’s misuse will become the responsibility of the Guest to have repaired and/or replaced. Guests will not make any alterations to the property including moving furniture, paintings, or electronics. All electronic devices must be left in working order and if we need to trouble shoot or restore the system to working order, you will be charged.
At the end of the rental term, Guest shall remove all their property and leave the premises reasonably clean and in good condition. Guests agree to locate and abide by all the Check-out Instructions located on the Property Tablet. Daily housekeeping service is not included in the rental rate. You may inquire about this service for an additional fee based upon availability.
Stay Montana provides complimentary salt and pepper, 2 rolls of paper towels, 2 rolls of toilet paper per bathroom, 2 dishwasher tablets, 2 extra trash bags per can, 1 bottle liquid dish soap, 4 laundry detergent pods, 1 individual travel sized soap, shampoo and conditioner per bathroom. You are responsible for the purchase of any additional items you may require during your stay.
In the event there are problems with the functionality of the vacation rental, please immediately contact Stay Montana at (888) 871-7856, option 2 for after-hours service. We will dispatch appropriate vendors to assess and repair the issue. There will be no refunds or rate adjustments for maintenance failures, including breakdown of air conditioner, heater, hot water, appliances, grill, cable, wi-fi, hot tub, etc.
Smoking is not permitted in any Stay Montana property. If there is any smoke smell in the property after your departure, you will be charged an additional cleaning fee of $1000.00. Oil lamps and incense are not permitted due to the long-lasting odor. If these policies are violated, there will be a charge for excessive cleaning.
Guest will not bring or allow pets on the premises, unless property is specifically noted to be pet friendly, pet has been approved in writing with Management prior to arrival and a pet fee of $50.00 per pet has been paid. Any evidence of a pet at properties that are not pet friendly will be grounds for immediate termination of rental agreement, and there will be no refund for early departure. Evidence of a pet will result in an additional $1000.00 cleaning fee.
19. SERVICE ANIMALS/EMOTIONAL SUPPORT ANIMALS
Stay Montana is committed to providing reasonable accommodation to protect the rights of Guests with disabilities that require a service animal. Please notify our staff at time of booking so we can provide you the Request for Accommodation form that requires your signature prior to your arrival. Guests will be responsible for any damages caused by the service animal, including any additional cleaning required.
Guest agrees that no parking is allowed except for 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. Guests must display parking pass on the vehicle at all times. Failure to display may result in towing of vehicle at renter’s expense. Leave the parking pass inside the unit upon departure. Guest will be charged a $300.00 fee for any lost parking pass. There is not RV, Trailer or Camper Parking allowed on any rental properties. Please arrange for alternate parking/storage locations prior to your arrival on the rental property.
21. HOT TUBS (For Properties with a Hot Tub)
No Children under the age of 16 permitted in hot tubs without an adult present at all times. When using the hot tub, remember there is certain health risk associated with this facility. Guests use of the hot tub is at Guests’ 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 your arrival. Therefore, the water may not be warm until later the first evening of your stay. If the hot tub is left excessively dirty and requires additional service, you will be charged $50.00. Hot tub covers are for insulation purposes and are not designed to support a person or persons. DO NOT STAND ON THE HOT TUB COVERS! They will break and you may 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, Guest will cease any further use of the hot tub and will call Management immediately.
22. 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 and shall not be liable for any loss or injuries for ski activities. The operation of the ski facilities may have additional fees for usage or equipment, if ski access is desired.
House parties are strictly prohibited. The Guest must supervise any invitees while on the Premises. Guests and their invitees agree not to violate the quiet enjoyment of the surrounding neighbors and to respect their privacy and property. Guests and their invitees must abide by the rules and regulations set forth by Management and the HOA. Guest shall obtain pre-approval for any invitee not listed in this Agreement. Guest shall be responsible for any HOA fines due to violation of rules and regulations. Quiet Hours are from 10 pm - 8 am. If quiet hours are violated and complaints are received by the HOA or neighbors, then a $250.00 fine will be accessed after the first warning and 3rd warning will result in eviction without refund.
24. WIFI SPEED
We understand Wi-fi speed is an important amenity during your visit to our beautiful state. However, Stay Montana cannot guarantee the WIFI speed during your stay will not vary from the speed tests provided in the listing. WIFI speeds may vary based upon weather and usage in the area. There are limited-service options in mountain towns and rural locations. We appreciate your understanding and recognize we will not be able to credit, refund or relocate you due to internet speed. Please check with your service provider if data coverage is available during your visit as an alternative option.
25. RIGHT OF ENTRY
Guest(s) agree that Stay Montana reserves the right to enter the rental property any time to investigate disturbances, check occupancy, real estate showings, check for damage, to make such repairs, alterations or improvements as we may deem appropriate.
26. SECURITY & SAFETY RISKS
Always lock doors and windows when you leave the vacation rental. When you rent the vacation rental, you assume responsibility for it and its contents, as well as your personal property. Stay Montana does not assume any responsibility for injuries resulting from your failure to use due caution. Children must be supervised at all times. Candles are not allowed due to fire hazard except citronella candles in buckets outside or supplied emergency candles in case of power outage.
The property may have external cameras for safety and security of the property.
Stay Montana is not liable for any disturbance or interruption that may occur during your stay that is outside of our reasonable control to include construction or other noises, disturbances or facility closures. As such, guest will not be entitled to a refund nor be moved to another property.
28. DEPARTURE TIME
Please refer to the Checkout Instructions provided for you on the Property Tablet. Check out is at 10:00am. Please also “check-out” on the Property Tablet so our team is notified of your time of departure. A late departure may be arranged for an additional fee, pending other reservations and the housekeeping schedule. If you have not arranged for a late check out, you may be charged a fee for each hour beyond 11 am you are still on property, at a minimum of one hour. If the property has not been vacated by 2:00pm, a fee equal to the rental rate of one day may be assessed.
29. 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 Stay Montana, LLC whether or not suit is filed. Both Management and Guest waive the right to demand a jury trial concerning any litigation between Agent and Tenant.
30. INDEMNIFICATION & HOLD HARMLESS
While Stay Montana and its property owners strive to maintain vacation properties in the finest condition, no guarantees are expressed nor implied regarding suitability or for any particular purpose. All Guest(s) and their invitees use the vacation property structures, premises, and equipment at their own risk. Stay Montana and its property Owners shall not be held liable or otherwise responsible in any way for injury to any Guest and/or their invitees that is caused or permitted to be caused by the intentional or unintentional acts of said Guest(s) and/or invitees, or by the failure of structures, appliances, (including hot tubs and BBQs) furnishings, and/or other equipment, whether by malfunction, misuse, acts of God/nature, and/or are otherwise naturally occurring. No guarantees are expressed nor implied as to the suitability of utilities and other services provided to the vacation properties and adjacent structures and premises. No guarantees are expressed nor implied regarding the suitability/compatibility of materials utilized in the construction of the vacation property and/or its contents. Stay Montana and its property owners shall not be held liable nor otherwise responsible in any way for allergic reactions to Guest(s) or invitees, caused or permitted to be caused by materials utilized in the manufacture of the vacation property and/or its contents, nor from mold and/or airborne spores, nor from pet/animal allergens, nor from chemical agents including, but not limited to appliances, linens, carpeting, utensils, fixtures, hot tubs, and/or other equipment. By written or electronic endorsement of this agreement, Guest(s) and invitees hereby agree to forever hold-harmless and indemnify Stay Montana and its property Owners from and against all claims, demands, loss, liability/responsibility of any kind and character, including cost of defense, arising out of or in any way connected with the Guest(s) use of the property.
Stay Montana and Guest agree that they will mutually benefit from a procedure for resolving legal disputes, which may arise between them and which might otherwise become the subject of litigation, in an expeditious, cost efficient, fair and impartial manner. Therefore, Stay Montana and Guest agree that all potentially litigable claims or controversies arising from the rights, duties and/or obligations of this Agreement shall be submitted to non-binding mediation before a mutually acceptable mediator. If the parties cannot agree upon a mediator, the dispute shall be mediated before the American Arbitration Association. Stay Montana and Guest understand and agree that they will proceed with good faith mediation before filing or pursuing any lawsuit or adversarial proceeding with the exception of the following matters: (a) a judicial or non-judicial foreclosure or other action or proceeding to enforce a deed of trust, mortgage or real property sales contract; (b) an unlawful detainer action; (c) the filing or enforcement of a mechanic’s lien; (d) any matter which is within the jurisdiction of a probate or small claims court; or (e) an action for bodily injury or wrongful death, or for latent or patent defects. The filing of a judicial action to enable the recording of a notice of pending action for order of attachment, receivership or other provisional remedies, shall not constitute a waiver of the right to arbitrate under this provision.
No subsequent alteration, amendment, changes, or additions to this lease shall be binding upon the Manager or Guest unless reduced to writing and signed by the parties.
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 (three) 3 times the daily booking charges.
34. ENTIRE AGREEMENT
This rental agreement, exhibits, and attachments, if any, set forth the entire agreement between Stay Montana, LLC and Guest 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 rental agreement shall be held jointly and severally liable for the full performance of the lease.