Rental Agreement:
By submitting payment for this reservation, you agree that you have read, understood and agree to adhere to and are bound by the terms and conditions of this agreement, thus making it a legal binding contract.
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 In Whitefish” means Stay In Whitefish D-B-A, Big Mountain Rentals 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. Check-In & Check-Out Times: Check-in begins at 4:00 PM (Mountain Time) In rare instances, if check-in to the Property is unavoidably delayed due to unexpected maintenance and/or housekeeping issues. You will be notified, and you are not allowed entrance to the Property until final approval. Check-out time is 10:00 AM (Mountain Time). Refunds are not given for late arrivals or early departures.
2. Advance Payment: Stay In Whitefish provides booking reservations directly through its website, VRBO and Airbnb. Advance payments are made for each reservation method. This advance payment will be applied towards the total booking charge due before the check-in date. 100% of the total booking charges are due 60 days before the check-in date. The terms of payment and available canceling policies for each reservation will be clearly provided and explained during your checkout process.
3. Rent Payment: The balance of the total booking charges are due 60 days prior to your arrival date and will be charged to the credit card on file unless other arrangements have been made. Failure to pay the balance of the total booking charges in full when due shall result in cancellation of the reservation. And in some instances the initial payment made will be non refundable.
4. Cancellations and Changes: Depending on the terms of the reservation agreed upon during the booking checkout process, reservations may be canceled by notifying the Manager in writing by emailing Booking@stayinwhitefish.com at least sixty (60) calendar days prior to your Check-In date (“Cancellation Period”).* In such instances, the full amount of your advance payment will be refunded less all administrative fees and charges. If you cancel a stay or a portion of a stay after the Cancellation Period, you will be responsible for the full amount of the total booking charges with no refund. No discount to the total booking charges or any refunds will be given for any adjustments or changes to your reservation after the Cancellation Period for any reason, including late arrivals, early departures, inclement weather, canceled flights or travel, maintenance and/or housekeeping issues, failure, outages or noise. We are not liable for any disturbance or interruption that may occur during your stay that is outside of our reasonable control. This includes noise, ski resort closures, national park non-entrance or nearby construction. In such a situation, guests shall not be entitled to a refund.
5. Specific Vacation Rental Property: Stay In Whitefish will reserve the specific vacation rental unit you selected during your booking reservation, upon completion of the advance payment and confirmation of the rental agreement and the terms and conditions. If something uncontrollable or unexpected arises due to maintenance or other issues that may cause the specific vacation rental unsuitable for rental, the guest will be provided either a full refund or an alternative comparable accommodation in a different vacation rental similar to the property initially reserved and within reasonable proximity. Properties managed by Stay In Whitefish are owned by separate individuals, furnishings are subject to change among vacation rental units.
6. Pet Policy: Pets are not permitted in Stay In Whitefish Properties. Guests who violate this policy by bringing a pet to a non-allowable pet property will be charged an additional $2000, plus the expense of any cleaning deemed necessary by Stay In Whitefish in its sole discretion. Violations will also result in immediate eviction and forfeiture of rent. Reasonable accommodation will be provided to protect the rights of guests with disabilities within The Fair Housing Amendments Act of 1988, Section 504 of the Rehabilitation Act of 1973, and Title II of the Americans with Disabilities Act and Montana and Federal Law. Guests needing a service animal that has been professionally trained to assist tasks for a disability are required to provide this request in writing to booking@stayinwhitefish.com. Emotional support animals are only permitted in vacation rental properties that allow and permit pets. Guests will be responsible for any and all damages caused by a service animal including any additional cleaning fees, scratched doors or door posts etc.
7. No Smoking: Smoking is not permitted. Any guests who violate this policy will be charged an additional $2000, plus the expense of any cleaning deemed necessary by Stay In Whitefish in its sole discretion. Violations will also result in immediate eviction and forfeiture of all booking charges. This includes vaping or any type of inhaled smoking substance.
8. Maximum Occupancy & Events: The maximum number of guests per accommodation is determined by each property and expressly communicated during the checkout process. If the maximum occupancy is exceeded, you may be subject to immediate eviction and forfeiture of all booking charges. Guests shall not have parties or events at the home without obtaining prior approval in writing from Stay In Whitefish and potential payment of additional fees.
9. Age Requirements: No vacation rental property will be rented to anyone under the age of 25 who is not accompanied by a responsible adult over the age of 25. The person of responsible age must be staying in the vacation rental unit at all times. Guests who violate this policy will be immediately evicted and forfeit all booking charges.
10. Falsified Reservations: Reservations made under false pretense are null and void and check-in will not be allowed or guests will be asked to vacate the accommodations. This policy includes reservations made by parents or guardians who do not check in, and/or who leave overnight during the length of the stay. Any reservation obtained under false pretense will forfeit total booking charges.
11. Maintenance or Emergency Access & Entry: In the case of emergency or the need of repairs, maintenance, improvements or services or an inspection upon reasonable suspicion of guests misuse of the vacation rental property, Stay In Whitefish or any of its subcontractors or managers may enter the property. Reasonable notice will be provided in any related event. If any maintenance concern is discovered during your stay, please notify Stay In Whitefish immediately. No refund or rate adjustment will be guaranteed or made for maintenance issues, including outages to electricity, water, hot tubs, air conditioning, internet or wifi services or appliances.
12. Housekeeping: You will be responsible for the cleaning of your unit during your stay and for leaving the unit in good condition at check-out. This includes removing trash during your stay to the trash compactor. Respectfully, remember that where you are staying is owned and loved by someone else during your vacation, please treat it with care as if it were your own home. Vacation rental property found excessively dirty upon check-out will incur additional charges.
13. Provided with Each Reservation: Each vacation rental property will be provided with 2 rolls of paper towels, 2 dishwasher tablets, 2 kitchen trash bags, 3 packets of dishwashing liquid, 1 hand soap per bathroom sink, and 2 rolls of toilet paper per bathroom. You are responsible for the purchase of any additional items you may require during your stay.
14. Propane Tanks: If the vacation rental where you are staying has a gas grill and the propane tank becomes empty during a guest’s stay. Please notify the Manager and a replacement propane tank will be provided as quickly as reasonable. A replacement propane tank will be provided within a time period of 24 hrs.
15. Property Damage Policy: Any incidental damage caused by the guest, either by accident or on purpose will be charged to the guest upon acknowledgement or discovery by the Manager. Rearranging the furniture or removing any items from the vacation rental unit is prohibited. Damage, missing items, excessively dirty units, will all be charged to the guest directly. You authorize Stay In Whitefish to charge the credit card on file for reimbursement of any such expenses.
16. Security of Personal Property: Stay In Whitefish or any of its property owners is not responsible for any acts of theft or vandalism, or other damages to any personal property or for personal items left by guests in the accommodation at departure.
17. Credit Card Charges & Refundable Damage Deposit: Guests authorize charges to their credit card on file for any charges relating to incidental damage not covered by the incidental damage policy limit or not covered by the damage waiver. Anything over and above the guests credit card limit will be turned over to an attorney. There will be no additional charges if No damage is done to the property or its contents, beyond normal wear and tear, Guests did not incur any charges due to pets, No excessive cleaning is required and No items including linens or furnishings are lost or damaged. Certain properties may have a refundable damage deposit authorized from their credit card the day prior to check-in. If no charges are filed to this damage deposit (as outlined above) the full refund will be provided within 2 weeks after check-out, less any associated fees relating to costs for damage, excessive cleaning, missing or broken items or furnishings
18. No Subletting Allowed: Your reservation is not transferable to any other party.
19. Compliance with Laws, Rules and Regulations: Guests shall abide by and observe all applicable federal, state and local laws during their stay, as well as any rules and regulations governing the use of the property and neighborhood you are occupying. Failure to comply will result in eviction and forfeit of all booking charges.
IF YOU OR OTHER OCCUPANTS (I) FAIL TO STRICTLY ABIDE BY THE LAWS OF THE UNITED STATES, THE STATE OF MONTANA, LOCAL LAWS AND/OR NEIGHBORHOOD RULES AND REGULATIONS, OR OTHERWISE FAIL TO STRICTLY ABIDE BY THE TERMS OF THIS AGREEMENT, (II) CAUSE DAMAGE TO THE PROPERTY OR ANY SURROUNDING AREA, OR (III) ENGAGE IN ANY OTHER ACT(S) WHICH INTERFERE WITH OTHERS’ RIGHTS TO QUIET ENJOYMENT OF THEIR PREMISES, GUEST SHALL BE SUBJECT TO IMMEDIATE EVICTION FROM THE PROPERTY WITHOUT ANY REFUND OF BOOKING CHARGES AND LIABILITY FOR ADDITIONAL CHARGES FOR DAMAGES INCURRED. ALL SUCH DECISIONS SHALL BE IN THE SOLE DISCRETION OF Stay In Whitefish.
20. Indemnification of Manager: You and all occupants shall, jointly and severally, defend, indemnify and hold Stay In Whitefish D-B-A, Big Mountain Rentals LLC (including its members, officers, employees, subcontractors, agents and representatives) and the Owner (the “Manager Parties”), harmless from any and all claims, liabilities, losses, costs and expenses (including, but not limited to, reasonable attorneys’ fees and costs of suit) incurred the Manager Parties related to, as a result of or arising from the actions of the guest and any occupants, including any negligent acts or omissions, willful misconduct, violations of laws or any obligations in this agreement, except to the extent such claims, demands and actions arise from the gross negligence or willful misconduct of the Manager Parties.
21. Limitation of Liability: YOU UNDERSTAND AND AGREE THAT NO MANAGER PARTY ASSUMES ANY LIABILITY FOR LOSS, DAMAGE, CLAIM OR INJURY TO PERSONS OR THEIR PERSONAL PROPERTY WHILE ON THE PREMISES, NOR FOR ANY INCONVENIENCE, DAMAGE, CLAIM, LOSS OR INJURY ARISING FROM OR RELATED TO ANY TEMPORARY DEFECTS OR STOPPAGE IN SUPPLY OF WATER, GAS, CABLE SERVICE,
ELECTRICITY, INTERNET SERVICE OR PLUMBING; CHANGES TO RENTAL ASSIGNMENTS; WEBSITE OR BROCHURE ERRORS; WEATHER CONDITIONS; NATURAL DISASTERS; ACTS OF GOD; OR OTHER REASONS BEYOND THEIR CONTROL.
22. Release of the Manager Parties: In addition to the other specific releases set forth in this agreement and its addendum, you, for yourself, your heirs, assignors, executors, and administrators, and on behalf of each occupant of the property, and such occupants’ heirs, assignors, executors and administrators, fully release and discharge the Manager Parties from any and all liabilities, claims, demands, and causes of action which you, any occupant or their family members have or may have in the future by reason of any injury, loss or damage by whatever nature which has or have occurred, or
may occur to you, or to any of the occupants during the stay as a result, or in connection with the occupancy of the property or in use of any item provided during your stay, including bikes, golf carts or other recreational items, including any claims, damages, costs or causes of action due to the negligence, breach of contract or wrongful conduct of any Manager Party, and agree not to sue and to hold the Manager Parties free and harmless of any claim or suit arising there from.
THE UNDERSIGNED UNDERSTANDS, INTENDS AND DESIRES TO RELEASE THE MANAGER PARTIES FROM ANY AND ALL LIABILITY ARISING FROM OR RELATED TO THE OCCUPANCY OF THE PROPERTY TO THE FULLEST EXTENT PERMITTED BY THE LAWS OF THE STATE OF MONTANA.
23. Spa and Hot Tub Usage - Release of Liability, Waiver of Claims, Express Assumption of Risk and Indemnity Agreement
In consideration for receiving access and/or permission to use any spa or hot tub (collectively referred to herein as “Pool Facilities”) at your rental property or otherwise made available to you as an amenity in conjunction with your rental by Stay In Whitefish and the Owner, you hereby RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE, AND AGREE TO INDEMNIFY AND HOLD HARMLESS for any and all purposes the Manager Parties FROM ANY AND ALL LIABILITIES, RESPONSIBILITIES, CLAIMS, DEMANDS, CAUSES OF ACTION OR INJURY, INCLUDING DEATH, that may be sustained by you or your guests or invitees related to, involving or arising from you or your guests use of the Pool Facilities or other actions or omissions related thereto, whether caused by the Manager Parties’ active or passive negligence.
You agree that you are fully aware that there are inherent risks involved with Pool Facilities, including but not limited to possible physical injury (including, but not limited to broken bones, strains, sprains, bruises, concussions, heart attack, heat exhaustion) and loss of life (falls)(drowning) and you choose to voluntarily use the Pool Facilities with full knowledge that the use of the Pool Facilities may be hazardous to you, your guests, your invitees, and your property (“You”). YOU VOLUNTARILY ASSUME FULL RESPONSIBILITY FOR ANY RISKS OF LOSS, PROPERTY DAMAGE OR PERSONAL OR EMOTIONAL INJURY, INCLUDING DEATH, that may be sustained by You as a result of using the Pool Facilities, whether supervised or unsupervised.
You agree to be responsible for the day to day general safety conditions of any hot tub use at your rental property. This includes, but is not limited to, keeping the spa and/or hot tub clean of debris, keeping the spa and/or hot tub areas clean, neat and organized, keeping all gates and doors locked and the spa and/or hot tub area secured at all times, and operating the spa and/or hot tub in a safe, responsible manner.
You understand that the Manager Parties may not maintain any insurance policy covering any circumstance arising from your use of the Pool Facilities or any event related thereto. As such, you are aware that you should review Your personal insurance coverage.
You hereby certify that you are at least 18 years of age and you are legally competent to enter into this Agreement, including the Release, Waiver, Assumption and Indemnity provisions contained herein. You agree that it is your express intent that this release shall bind the members of your family and spouse, if you are alive, and your heirs, assigns and personal representatives, if you are deceased, and shall be governed by the laws of the State of Montana.
Additional charges will be accrued and charged to the credit card on file if the spa and/or hot tub is not kept clean and clear of debris and any foreign substance. This includes but is not limited to alcoholic beverages, food, bodily fluids, and excess sand.
24. This contract is binding upon initial payment. No signatures are required but may also be asked
25. Applicable Law. This Agreement shall be deemed to have been made and entered into in the State of Montana, and will in all respects be governed by, construed under, and enforced and interpreted in accordance with the laws of the State of Montana, excluding its principles of conflicts of laws.
26. Venue, Jurisdiction, and Attorneys’ Fees: The exclusive venue for any civil action related to this agreement or the course of dealings between the parties is the courts sitting in Flathead Valley County, Montana. The parties hereby submit to the personal jurisdiction of all the courts in the previous sentence and agree not to challenge such jurisdiction. In any action, suit, or proceeding to enforce or interpret the terms of the Agreement or to collect any amount due hereunder, the prevailing party shall be entitled to reimbursement for all costs and expenses reasonably incurred in enforcing, defending or interpreting its rights hereunder, including, but not limited to, all attorneys’ fees and the costs expended in determining entitlement to and amount of such fees.
27. Waiver of Jury Trial. BY ENTERING INTO THIS AGREEMENT, THE PARTIES KNOWINGLY AND VOLUNTARILY WAIVE THE RIGHT TO A JURY TRIAL AS TO ANY CLAIMS A PARTY MAY CLAIM TO HAVE AGAINST THE OTHER WHICH ARISES OUT OF THIS AGREEMENT OR THE COURSE OF DEALINGS BETWEEN THE PARTIES.
28. Force Majeure. Notwithstanding any other provision of this Agreement, no party to the Agreement shall be deemed in default or breach of this Agreement or liable for any loss or damages or for any delay or failure in performance (except for the payment of money) due to any cause beyond the reasonable control of, and without fault or negligence by such party.
29. Entire Agreement: This Agreement constitutes the entire agreement between the parties and supersedes any prior understanding, marketing or agreement among them respecting the subject matter hereof. There are no representations, arrangements, understandings or agreements, oral or written, relating to the subject matter of this Agreement, except those fully expressed herein. No waiver of any provision hereof shall be valid or binding on the parties hereto, unless such waiver is in writing and signed by or on behalf of the parties hereto, and no waiver on one occasion shall be deemed to be a waiver of the same or any other provision hereof in the future.
30. Severability: If any term or provision of this Agreement is held illegal, invalid or unenforceable, such illegality, invalidity or unenforceability shall not affect the legality, validity or enforceability of the remainder of this Agreement.
