Terms and ConditionsTHIS IS A VACATION RENTAL AGREEMENT. THE RIGHTS AND OBLIGATIONS OF THE PARTIES TO THIS AGREEMENT ARE DEFINED BY LAW AND INCLUDE UNIQUE PROVISIONS TO TENANCY AND EXPEDITED EVICTION OF GUESTS. YOUR SIGNATURE, PAYMENT OF MONEY, OR TAKING POSSESSION OF THE PROPERTY AFTER RECEIPT OF THE AGREEMENT IS EVIDENCE OF YOUR ACCEPTANCE OF THE AGREEMENT AND YOUR INTENT TO USE THIS PROPERTY FOR A VACATION RENTAL.
1. RESERVATION FINANCES: To confirm your reservation, provide a payment equal to one half of the total. Upon receipt of your payment, a Reservation Confirmation including the Agreement will be emailed to you confirming your reservation. The balance will be due 30 days prior to your arrival date. Guest agrees to pay final payment with credit card on file unless specified at the time of booking. A late fee may be added to your balance if not paid in full by this date. If a personal check or money order is preferred for payment, a credit card will still be required for incidentals. Agent reserves the right to charge a handling fee for all returned checks. Reservations made within 30 days of arrival date must be PAID IN FULL at the time of making the reservation. If no payment is received the reservation may be cancelled. Guests are responsible for payment of all applicable taxes according to rates in effect at the time of reservation.
2. ONLINE BOOKINGS: Guest agrees to online charges as stated on invoice during booking process. Agent
reserves the right to correct any and all invoicing errors that may occur.
3. ACCIDENTAL DAMAGE WAIVER: Every guest reservation is required to include a non-refundable Accidental Damage Waiver, currently $99. This $99 waiver will cover accidental damages to the unit during a stay up to $500. If the damage to the property exceeds $500, the guest is responsible for the balance and the pre-authorized credit card we have on file will be charged. All damages must be reported to manager by guest immediately in order for the waiver to cover the damage. This Damage Waiver does NOT cover intentional damage, theft, or excessive cleaning, or any damage of flea infestation caused by a pet. Please do not hesitate to report an accident as this waiver is in place to protect the property but also encourage guests to work with the managers.
DAMAGE: Any damages found upon arrival need to be reported to our office by 9 a.m. MST the day after arrival so you are not charged for damage you did not create. Guests will be responsible for any damages or theft thereafter. Accidents causing damage need to be reported upon occurrence by calling/texting 406.261.1971 or 406.471.3355 or 406.261.8835, or email: [email protected] or [email protected] or [email protected]
4. VACATION INSURANCE: Agent offers optional vacation rental travel insurance through CSA. The cost of the insurance can be added to your reservation at any time prior to the balance being paid in full. We strongly recommend you obtain "travelers' insurance." Contact us prior to or on the final payment to purchase travelers insurance.
5. CANCELLATION: Free cancellations within 48 hours of booking for reservations made outside of 60 days. If cancelled after 48 hours of your reservation, you will be refunded your booking amount less $175 handling fee per unit on cancellations made more than 60 days prior to arrival. 100% of the total rental funds received is non-refundable on cancellations made less than 60 days prior to arrival. Partial or pro-rated refunds ARE NOT available in cases of weather, lack of snow, poor skiing conditions, health issues or transportation delays. A full or partial refund may be granted at the sole discretion of rent Vail based on recovery of lost rents through re-booking. OTA booking sights, including but not limited to, Airbnb, Vrbo, may have their own cancellation policies and they will supersede this one above.
6. GUEST DUTIES: You agree that the Property will not be used or occupied by more than the maximum allowable number of occupants set forth on the Property listing. This includes you, your family (including all children), and your (overnight) guests. Guest shall care for the Property as if it was their own, and to leave it undamaged, clean and keep conditions safe throughout their tenancy. Guest shall not deliberately destroy, deface, damage, or remove any part of the Property or render inoperable the smoke detectors or knowingly permit any person to do so. Guest agrees to reimburse Agent and/or Owner the amount of all intentional damages. Guest agrees to abide by the Properties rules and regulations. Please report any inoperative equipment to Agent promptly. Agent will make every reasonable effort to have repairs made as soon as possible. If a telephone is available in the Property, the Guest shall be additionally responsible for all toll calls. If the Agent has to bill Guest for toll charges, an additional service charge may be added. Guest must permit vendor and or manager access for maintenance concerns provided a 24 hour notice to enter is given.
7. AGENCY: It is mutually understood and agreed that IBEX Properties, LLC is acting as Agent only for the Owner and has no liability to either party for the performance of any terms or covenant of this Agreement. Guest agrees that this Agreement may be assigned by Agent to the Property Owner only.
8. OWNER DUTIES: Owner shall comply with all applicable building and housing codes to keep the Property in safe, fit and habitable condition. The Owner shall maintain in good and safe working order and reasonably repair all electrical, plumbing, sanitary, heating, ventilation and other facilities and major appliances.
9. INDEMNIFICATION: Guest agrees to indemnify and save harmless Owner, Agent and its employees, from any liabilities, loss, damage, cost, expense, whatsoever arising from or related to any claim or litigation which may arise out of or in connection with your use and occupancy of the Property, including but not limited to any claim or liability for personal injury or damage or loss of property incurred or sustained by you, your guests or invitees, and without regard to whether such persons have authority under this Agreement to be upon the premises of the Property.
10. SYSTEMS FAILURES: In the event the Property sustains a failure of a system, including but not limited to water, sewer, septic, electrical, mechanical, heat pump, ventilating, pool, hot tub or other system or structural systems, neither the Owner nor the Agent shall be liable to Guest in damages and no refunds will be given for such failures. However, Agent will make every effort to promptly repair or replace a failed system or equipment, and in such event, you agree to permit Agent access to the Property to inspect and make such repairs.
11. SECURITY CAMERAS: Some of our properties have outside security cameras. Renter acknowledges that security cameras are used to monitor the parking and access points to the property to help ensure the security of the premises from theft, unauthorized access, or damage to the property. There is no monitoring inside the any unit nor of its decks and/or docks.
12. ACTS OF GOD: Neither Owner nor Agent shall be liable for events beyond their control which may interfere with Guest occupancy of the Property such a s acts of God, acts of governmental agencies, fires, strikes, war or inclement weather. No refunds shall be given for such occurrences and you are encouraged to obtain vacation insurance to cover such risks.
13. EXPEDITED EVICTIONS: Agent is authorized through its contract with the Owner to rent to Family Groups Only. Guest must be at least 25 years of age. Cause for eviction and immediate forfeiture of rent includes, but is not limited to, the following: subletting or assigning this Agreement; activity constituting a nuisance which is offensive or disruptive; bringing pets into premises of non-pet friendly properties, without written permission; numbers in excess of occupancy rate; destruction of Property; illegal use of Property or conduct of illegal activities on the Property. Any cause for eviction will result in the forfeiture of the rent. Upon discovery by any member of our management team that an event is occurring or has occurred during your stay a $2,000.00 fee, plus damages, will be assessed to your account. Properties are regularly monitored.
14. RESPONSIBILITY: Property amenities, pricing and other specifications are subject to change. No warranty is made, expressed or implied, as to the suitability (habitability) of the premises.
15. DISPUTES: This Agreement shall be governed by and interpreted in accordance with the laws of the State of Montana and shall be treated as though it were executed in the County of Flathead, State of Montana. Any dispute or action filed relating to this Agreement shall be instituted and prosecuted in the General Court of Justice within the State of Montana and the County of Flathead shall be the sole venue for such action. Guest, by execution of this Agreement, specifically consents to such jurisdiction and venue and to the extraterritorial service of process should such service become necessary.
16. OCCUPANCY: The Property may NOT be occupied by more guests than the number stated on the website as "Sleeps" or "Occupancy". If you have more guests occupying the Property than the number listed on any of the Property marketing material(s) Guest may be subject to expedited eviction.
17. PARKING: All vehicles must display a valid parking permit if required. Parking is limited and the number of vehicles may not exceed the Properties maximum allowable vehicles as published on the website.
18. SMOKING: Smoking of any kind is not permitted in any residence. A minimum $500 fee may be charged if smoking in the unit is detected.
19. FIREWORKS / OUTSIDE FIRES: Fireworks of any type are strictly prohibited on the premises. No outdoor ground fires are allowed on the premises unless Property rules specifically stated otherwise AND a properly designated area is defined.
20. PET FRIENDLY HOMES: No other types of pets are allowed at any of our properties. Violators are subject to eviction without refund and responsible for additional cleaning charges, at a minimum of $500.00 and could be substantially higher. Where dogs are permitted, there is a $150.00 fee per dog per reservation. You are responsible for all clean up in the yard or indoors if needed. Failure to clean up will result in additional charges.
21. WAIVER OF LIABILITY: for spa, hot tub, Jacuzzi, whirlpool, pool, lake, stream, river, channel, pond, boat, kayak, fire pit, grill, bikes herein called special feature, if so equipped. Guest understands that there are potential risks that the special feature may present. You agree to explain the risks to any guests and to be fully and solely responsible for any accidents you or your guests may incur. You understand the risks discussed above and agree that you will assume all responsibility for yourself and your guest for the consequences of those risks. You agree to waive any claim whatsoever against Owner or Agent for accidents or claims arising from you or your guests’ use of special feature. You also understand and agree that you are responsible and liable and will pay Agent upon request for any damages that occur to the special feature and its support equipment through you or your guests’ misuse and/or negligence.
22. CHECK-IN / CHECK-OUT: Check-in time is after 4 PM on the beginning date of your reservation. In order to allow sufficient time we may reserve the right to have until 4pm when necessary to prepare the Property for Guest(s). Entering the Property before authorized check-in may result in eviction for trespassing. Check-out time is 10 AM or before on the ending date of your reservation. Check-out beyond 10am may result in a late fee charged to your credit card on file.
23. REPRESENTATIONS: This Agreement contains the entire Agreement of the parties and there are no representations, inducements or other provisions other than those expressed in writing as contained herein. Either Owner or Agent whether oral, implied or inferred has made no representation, agreements, undertaking or promises, unless expressly stated herein.
24. ACKNOWLEDGEMENT: This Agreement contains all terms and conditions of the Agreement between all parties with respect to the vacation rental property. The Agreement is executed under the authority granted by a Property Management Agreement between Agent and Owner and is subject to the terms and conditions of said Agreement. By signing this Agreement, the Guest acknowledges that he/she has read and agrees to all conditions set forth in the Agreement.
25. CREDIT CARD AUTHORIZATION. Guest hereby authorizes Agent to charge all deposits, fees, costs and charges arising under this Agreement to the Guest’s credit card provided to Agent. The reversal of any charges to Guest’s credit card arising under this Agreement shall constitute a breach of this Agreement by Guest.
Further, it is expressly understood and agreed signature below guarantees payment of all fees, terms, and obligations associated with this contract and terms herein, incorporating the forgoing and that guest expressly agrees and acknowledges understanding of signer’s personal guarantee and financial responsibility and financial obligation on behalf of all renters, whether or not their signature also appears below. Guest’s signature below signifies agreement to hold harmless and indemnify IBEX Properties LLC from any liability relating to financial losses, arising out of guest or guest’s failure to make payment for any or all portions of fees due and owed relating to this agreement or parts of same, with or without signer’s express or implied consent.