Welcome to our Terms and Conditions of all of our rentals. This is important and affects your legal rights and obligations, so please read them and other terms referenced in this document carefully. Each guest must affirm via electronically or verbally agreement to these Terms & Conditions and becomes legal binding at the point the reservation is secured by payment. Booking through a 3rd party does not waive Vacay Whitefish's rights under these Terms & Conditions.
By submitting this reservation, you are agreeing to the following terms and conditions:
Vacay Whitefish Rental Contract
PAYMENT: Your payment of 1/2 of the grand total (or a minimum of $250) was paid at the time of booking. The remainder of the balance will be paid 60 days prior to arrival. If you booked through Airbnb or another 3rd party site, they have collected your payments according to their payment terms & conditions.
100% refund of any payments made up to 60 days prior to check in; 100% refund of any payments made up to 30 days prior to check in (minus 5% for transaction processing fees); 50% refund of any payments made if cancelled before 14 days of check in. A refund or rescheduling will be permissible if the property becomes inaccessible or if major systems are down for extended periods of time (e.g., loss of electricity or water). No rain checks. Changes in weather, the cancellation or closure of a local event or point of interest or ski lift, and other outside factors are not grounds for a refund or right to reschedule. Exceptions to this policy will be made exclusively by Vacay Whitefish.
CHECK-IN: Your property will be ready for checkin at or after 4pm mountain time. Please do not show up early unless prior arrangements have been agreed upon.
CHECK-OUT: You must completely vacate the property no later than 10am mountain time. Unauthorized late checkouts will be assessed at $100 per 30 minutes. Additional charges may be added during peak times. Departure instructions (hanging on the wall) must be followed to avoid additional charges. Extra charged are made at the sole discretion of Vacay Whitefish.
SPECIFIC PROPERTY BOOKED: You have booked a specific property. However on extremely rare occasions, the specific property you booked may not be available due to circumstances beyond our control such as maintenance problems with the property booked, or a change of ownership or management of the property since you booked. In the event that the property you booked is not available, Vacay Whitefish will attempt to place you into a similar or better property at the same price or offer you another property at a lower rate. If the replacement property offered is not acceptable to you for any reason, Vacay Whitefish will cancel your reservation and refund your total amount paid (unless Trip Cancellation Coverage is purchased). Vacay Whitefish does not guarantee that a suitable property will be found. If the property you have rented becomes uninhabitable during your stay (heat is not working or water is not working for example), Vacay Whitefish will also make our best effort to find you a similar or better place to move to and if unable to do so, refund the portion of your rent unused.
EARLY DEPARTURES: As reservations are carefully scheduled in advance, no refund will be given if a guest leaves prior to their reserved departure date, regardless of reason.
DAMAGE, TRASH, & CLEANING: Any damage, excessive cleaning, excessive trash, incidental charges such as added housekeeping may result in additional charges, at the sole discretion of Vacay Whitefish.
SMOKING: Smoking of any kind or substance is not permitted inside or at any property. Condo Associations restrict smoking on complex grounds and porches. Removal of smoke detectors is illegal and will result in charges, at the sole discretion of Vacay Whitefish. Violators are subject to a minimum $500 fine in addition to applicable cleaning charges.
LOST & FOUND: It is the responsibility of the guest to ensure all personal items are gathered at departure time. Any item left behind in the property that a guest would like returned that can be located will be subject to a $35 handling fee plus packaging and shipping costs. We cannot guarantee an item left behind by a guest will be found. Items not claimed within 10 days of departure will be disposed of or donated.
PARKING: Please see individual property listings for the number of vehicles allowed at each rental; please contact us if you'd like to request an exception. To comply with city and county short-term rental permit restrictions, the outdoor driveways/parking areas of some homes are monitored by video camera. Guests exceeding the maximum number of cars will be asked to move additional cars or may be towed. No refunds or compensation will be paid to guests that ignore the parking restrictions outlined in the ad when the property was booked.
KEYS: All keys, keycards, remotes will be left in the unit on the kitchen counter prior to departure. Lost keys, keycards or remotes will incur a charge of a minimum $75.
PETS: Pets are not permitted unless otherwise specifically stated for a specific property that they are allowed (including Emotional Support Pets). Any evidence of pets discovered in or around the home will result in an additional $1500 fine, plus charges for any damages sustained or extra cleaning required. If you are staying in a pet friendly property (which would be clearly stated and there would be a pet fee paid up front) then your pet MUST be in a crate or kennel when you leave the property. No pets will be allowed outside of the property unless leashed.
VEHICLES: Whitefish is located in a high-alpine environment subject to extreme weather including snow and ice that may make roads and driveways impassable and dangerous. All guests are encouraged to use all-wheel or 4-wheel drive vehicles during the winter (Nov - May). Roads can be difficult to navigate during winter and driveways may be steep. Vacay Whitefish will not provide refunds to guests unable to reach their property or to guests needing rescue or towing to get to their properties.
HOT TUBS: Guest use of any hot tub or spa assumes all risks and liability. Guests are advised that there are potential dangers to children who are not carefully supervised, as well as any person using hot tub or spa too long or if a person has health risks, is intoxicated, using any kind of drugs or medication, or is pregnant. Guests are advised that the chemicals used in the servicing and maintenance of the hot tub can lead to skin and eye irritations, rashes, and other reactions especially in children. Guest agrees to waive any claim whatsoever against Vacay Whitefish, it's owners, contractors, employees, principals, agents, and associated property owners accidents, illness, or injury arising from use of any hot tub or spa. Guest agrees that he/she is responsible and liable for any damages that occur to the hot tub or spa through their or their guest's misuse or negligence. Should guest or guest's guests contaminate the water with any foreign substance by not abiding by the rules, guest agrees to an additional charge of $125.00 to cover the cost to drain, clean and refill the hot tub and remediate the contamination to the filtering system. Each hot tub is serviced prior to arrival and the chemical levels are checked and recorded.
UNFORESEEN ISSUES: Unforeseen and uncontrollable circumstances may occur during your stay including but not limited to, internet, TV, and utility outages, inclement weather, travel delays, limited availability of town services, the closing of common & home amenities (including hot tubs, pools, and fitness centers). Guests are not entitled to full or partial refunds for any unforeseen circumstances. Vacay Whitefish as an entity and the reservations associated with a home are not part of or party to the sales contract for a home; in the event that a home is sold and future reservations are not accepted by the new homeowner, reservations are subject to cancellation or the reservation may be moved to another comparable Vacay Whitefish property.
VIOLATIONS: Any violations of this rental contract and/or Vacay Whitefish policies may result in immediate removal from the property.
LIABILITY RELEASE: Vacay Whitefish, it's owners, employees, contractors, principals, agents, and associated property homeowners, will be released and held harmless from any and all liability, claims, costs and expenses whatsoever arising out of or related to any loss, damage or injury that may occur while on the premises.
AGE & OCCUPANCY RESTRICTIONS: Guests must be at least 25 years old to rent a property from Vacay Whitefish. At any time Vacay Whitefish may request that the guest who reserved must provide a valid ID as proof of age. The person booking the property must be in the property for the entire duration of the guest stay. Maximum occupancy at any time is equal to the number of people the property sleeps in beds (see property listing for max occupancy allowed at any time). No people beyond that number are allowed at any time or for any reason. Exceeding this occupancy is grounds for immediate removal from the property without refund.
LONG TERM STAYS: Any stay longer than 30 days will be subject to weekly inspections by a Vacay team member to assess any excessive wear and tear. The guest will be given 24 hours notice prior to this inspection. If in fact there are any concerning issues reported the Vacay team member the guest may be required to pay for additional cleaning, maintenance and repairs or even be evicted.
PARTIES: No house parties, weddings, receptions or events are allowed at any Vacay Whitefish property. If there is a party in the property (as further evidenced by a noise complaint, security report, or by excessive amounts of trash or destruction) the guest will be charged for a complete clean, replacement of damaged items and property, HOA fines, plus any additional charges necessary to return the home to its previous state. Such activities completely void the Damage Waiver.
TV: Some properties are equipped with standard cable service; this is a service paid by the homeowner and a benefit extended to the guest at no additional cost and provided by a local service provider. Some TVs only have access to the internet. Guests are not entitled to nor should they expect access to Pay Per View, Netflix, HBO or any other premium channel. Guests may never call the 3rd party service to purchase or extend the provided service. Circumstances outside of Vacay Whitefish's control may result in service interruptions, outages, degradation or what the guest may consider less than satisfactory service to what they may be accustomed to. Vacay Whitefish will not reimburse or refund any monies to the guest in the event of any of the above circumstances.
INTERNET: Most properties are WiFi enabled; this is a service paid by the homeowner and a benefit extended to the guest at no additional cost and provided by a local service provider. Vacay Whitefish cannot guarantee reliable or consistent internet service. Circumstances outside of Vacay Whitefish control may result in service interruptions, outages, degradation or what the guest may consider less than satisfactory service to what they may be accustomed to. Vacay Whitefish will not reimburse or refund any monies to the guest in the event of any of the above circumstances.
PHONE: Guests understand that phones (land line or VoIP) may not be present in a property and should not be expected. Guests are encouraged to have mobile phones charged for communication in an emergency. Some properties have poor or no cellular coverage which is beyond Vacay Whitefish's control. Refunds and credits will not be provided to guests for slow or nonexistent service.
ELECTRICITY: Power interruptions and outages may occur at any time. Vacay Whitefish cannot guarantee power, heat or electricity in the event of a power outage or interruption. Vacay Whitefish will not reimburse or refund any monies to the guest in the event of any of the above circumstances.
WEATHER: Vacay Whitefish will not refund guests for any weather-related issues including but not limited to road conditions, lack of snow, too much snow, or inability to get to the property due to weather or flight delays/cancellations; or issues resulting in weather conditions such as power outages, etc.
ENVIRONMENT & SNOW: Whitefish is located in a mountain alpine environment. Hydration is important to minimize impacts of altitude change. There is typically 10-20% humidity year-round. Summer temperatures may average 60-100 degrees with a low in the 40-50s. Many properties in Whitefish DO NOT have Air Conditioning (AC) fans are provided for guest comfort. Winter temperatures may vary widely from negative temperatures to 40-50 degrees. Most properties in Whitefish have baseboard heaters which may take several hours to register heat changes. Vacay Whitefish, HOA and building managers make efforts to clear private drives, sidewalks, stairs and access points but in this environment ice and snow will always exist... take care while walking and moving about to avoid falls and slips. Some access points, stairs and decks may not be shoveled if it is not the primary access to the property, note that sometimes the garage is the primary access point. Driveways will be plowed when there is more than 6 inches overnight and there may be delays in equipment reaching properties as major roadways need to be cleared by the county first and foremost. Despite efforts, ice and snow will remain, ice melt is provided at some but not all properties. Decks, stairs, entranceways, sidewalks, driveways, paths and patios may be slippery; use caution at all times. Be cautious of roof overhangs where snow and ice are likely to build up. Snow and ice can fall and is very dangerous. Please use caution.
COMMON-USE AREAS & HOAs: Condominiums and townhouses are managed by 3rd party Home Owners Associations (HOAs). These HOAs manage and control shared amenities which include but are not limited to outdoor grills, hot tubs, pool, fitness areas, parking structures and areas, picnic areas and landscaping. Be aware that during non-peak times amenities may be unavailable due to circumstances out of Vacay Whitefish control such as building and amenity maintenance or closures. Also, even during peak times HOAs may need to make buildings and amenities unavailable for emergency maintenance and other reasons out of Vacay Whitefish control. For no reason will Vacay Whitefish provide a refund if amenities are unavailable due to HOA closures or maintenance. Vacay Whitefish offers vacation rentals 365 days a year and has no control over the availability of amenities controlled by HOAs or complexes; nor does Vacay Whitefish have any obligation to disclose availability to guests. Vacay Whitefish will not provide any refunds to guests for the unavailability of such services.
TOWN & RESORT SERVICES: Vacay Whitefish operates within and around the town of Whitefish which offers wonderful events, entertainment, restaurants, cultural activities and more. Whitefish Ski Resort offers recreational activities including the availability of skiing, lifts, and trails based on weather conditions and seasonal schedules. Vacay Whitefish offers vacation rentals 365 days a year and has no control over the availability of resort, town or county services and activities; nor does Vacay Whitefish have any obligation to disclose availability to guests. Vacay will not provide any refunds to guests for the unavailability of such services.
OWNERSHIP of PROPERTY: The guest acknowledges that they do not own nor have any rights to the property. The guest may never alter the appearance or function of any part or contents of the property at any time (this includes but is not limited to paint, window coverings, furniture, appliances). Additionally, the guest may never employ directly or on the behalf of Vacay Whitefish or the homeowner a 3rd party contractor or vendor to perform any work or services within or to the property (this includes but is not limited to hiring housekeepers, handymen, contacting internet or TV providers directly). The guest may not move any furniture or electronics at any time.
FOR SALE: Vacay Whitefish provides short-term rental services to properties that may be For Sale. If a property is For Sale, and a potential buyer would like to view or tour the property during a guest stay Vacay Whitefish will notify the guest prior to the showing. If a property is sold, reservations may be canceled and refunded, or the guest may be moved to another comparable Vacay Whitefish property will be provided to the guest.
LIMITATION OF LIABILITY: Vacay Whitefish assumes no liability for your stay in Montana or the activities that you take part in while here. The limit of Vacay Whitefish's liability is the total amount of compensation we have received for your home rental.
MEDIATION: Guest agrees to mediate any dispute or claim arising out of this Agreement, or any resulting transaction, before resorting to arbitration or court action. Mediation fees, if any, shall be divided equally among the parties involved.
JOINT AND INDIVIDUAL OBLIGATIONS: If there is more than one Guest, each one shall be individually and completely responsible for the performance of all obligations under this Agreement, jointly and individually with every other Guest.
ENTIRE CONTRACT: Time is of the essence. All prior agreements between Owner, Vacay Whitefish and Guest are incorporated in this Agreement, which constitutes the entire contract. It is intended as a final expression of the parties` agreement, and may not be contradicted by evidence of any prior agreement or contemporaneous oral agreement. The parties further intend that this Agreement constitutes the complete and exclusive statement of its terms, and that no extrinsic evidence whatsoever may be introduced in any judicial or other proceeding, if any, involving this Agreement. Any provision of this Agreement that is held to be invalid shall not affect the validity or enforceability of any other provision in this Agreement. The waiver of any breach shall not be construed as a continuing waiver of the same or any subsequent breach.
RELEASE: In consideration of the right to visit the home, Guest agrees to release to the fullest extent allowed by law, Owner and its Management, members, officers, associates, employees, agents, representatives, attorneys, assigns, and affiliates (collectively, the Affiliates) from all liability or responsibility of any kind whatsoever for any personal injury, death, property damage or other loss sustained by me, my minor children, any guest identified on this form, or any guest or person allowed onto the property during my rental dates as a result of my, my childrens or the guests participation in a visit to the home, due to any cause whatsoever, including without limitation negligence on the part of Owner or Management. I understand that this release will bind my heirs, administrators, executors, and any other person or entity seeking to claim under or through me.
This rental agreement may be changed at any time and without notice.