GUESTS/PARTIES/NOISE:
House parties are strictly prohibited. The Tenant must supervise any guests while on the Premises. Tenant and their guests agree not to violate the quiet enjoyment of the surrounding neighbors and to respect their privacy and property. Tenant and their guests must abide by the rules and regulations set forth by Management. Tenant shall obtain pre-approval for any guest not listed in this Agreement. There is a strict noise curfew beginning at 9PM, if Tenant violates noise curfew resulting in fine, the Tenant will be obligated to pay a $200 fine for a first offense. If a second noise complaint occurs then all tenants will be evicted and required to vacate the property. All rents will be forfeited and fines up to 3 times the normal nightly rate may apply.
CHECK-IN AND CHECK-OUT:
The check-in time is 4:00pm, Management will give instructions for access. If you plan to arrive after 4:00pm , please notify Agent to make necessary arrangements. The check-out time is 10:00am. All late check-outs must be arranged in writing with management in advance and may require additional charges.
LOSS OR DAMAGE
If anything in your unit is lost or damaged during your stay, your credit card will be automatically charged to replace any of these items. Please make sure all keys are left in the unit upon check out.
Clogged toilets will be charged at renters expense to call a professional plumber. Typical cost is
$100.
CLEANING:
At the end of the rental term, Tenant shall remove all their 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, dishwasher started and any extra dishes placed in the sink, laundry piled next to the washer and dryer and all windows should be closed and locked prior to check-out. Any costs required for cleaning in excess of the cleaning fee will be due upon demand.
REPAIRS:
All repairs and maintenance problems should be referred to the Agent. Air conditioners, TVs, and other appliances will 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, etc., if breakdown is due to weather and/or other conditions over which management has no control.
PERSONAL PROPERTY:
Neither the Owner nor the Agent is responsible for loss or damage to Tenant’s personal property, including vehicles and property left in vehicles. Items left in rental unit will be returned where possible at the Tenant’s expense. BY SIGNING THIS RENTAL AGREEMENT, THE TENANT AGREES THAT UPON SURRENDER OR -ABANDONMENT, AS DEFINED BY MCA , MANAGEMENT SHALL BE RESPONSIBLE FOR STORAGE OR DISPOSITION OF THE TENANT’S PERSONAL PROPERTY AS DESCRIBED UNDER MONTANA LAW. A FEE WILL BE CHARGED FOR THIS SERVICE AND FOR STORAGE COSTS. Additionally, by signing below, Tenant hereby authorizes towing and/or removal of any vehicles abandoned by the Tenant or their guests on the Premises.
PETS:
Tenant will not bring or allow pets on the Premises without prior written consent of the Agent. If pet is allowed, Tenant will pay an additional and non refundable deposit in the amount of $150 , and Tenant will be responsible for any additional damages caused by the pet.
NO SMOKING:
No smoking is allowed inside the house. Any costs related to cleaning up smoke related damage to the property will be charged to the Tenant.
PARKING:
Tenant agrees that no parking is allowed except for the area designated for parking. Any damage to lawns or landscape will be charged to Tenant. Tenant is not to repair or disassemble vehicles on the Premises.
RIGHT TO ENTER:
Agent shall have the right to enter the Premises for inspection, maintenance, and repair during reasonable hours.
LOST KEYS:
$50 fee for lost or unreturned keys, parking passes, ski passes
ATTORNEY’S FEES:
If Management employs an attorney to enforce the terms and conditions of this Agreement, Tenant shall be responsible for all costs and reasonable attorney’s fees incurred by the Agent whether or not suit is filed. Both Agent and Tenant waive the right to demand a jury trial concerning any litigation between Agent and Tenant
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.
INDEMNIFICATION:
Tenant agrees to reimburse Agent upon demand for the cost of repairs or service caused by the negligence or improper use by Tenant, their family, or guests. Tenant 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 Tenant, their family, or guests or arising from Tenant’s failure to comply with any applicable laws, statutes, ordinances, or regulations.
MODIFICATIONS:
No subsequent alteration, amendment, changes, or additions to this lease shall be binding upon the Agent or Tenant unless reduced to writing and signed by the parties.
VIOLATIONS:
Tenant 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.
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 Tenant executing this Agreement shall be jointly and severally liable for all obligations herein. Each Tenant on the lease shall be held jointly and severally liable for the full performance of the lease.
PROPERTY SHOWINGS:
Occasionally a property is listed for sale while being occupied as vacation rental. We are required to give a minimum of 24 hours notice if an authorized agent is showing the property during the time of a vacation rental. Tenant agrees that with 24 hour notice showings must be accommodated.
LIMITATION OF LIABILITY:
Under no circumstances shall Streamline Getaways be responsible for any loss, expense, damages, claims or injury direct, indirect, consequential or otherwise whatsoever, howsoever caused or incurred whether arising in contract or otherwise in law or equity as a result of rendering of the services or accommodations as described or substituted and including, without restricting the generality of the foregoing as a result of any delay(s), substitution(s), rescheduling(s) or change(s) in the provision of services or land accommodations by Streamline Getaways or by reason of military actions, revolution or acts of God, government agencies, or unforeseen circumstances or events, by any agents, owners, employees, subcontractors, servants or services as substituted; Streamline Getaways, at all times will act in good faith and use its best efforts to substitute with accommodations or services of a type as comparable as possible to those contracted. Streamline Getaways will not be liable under any circumstances, including substitutions, to refund any unused portion of booked accommodations or services. Some activities in which guests engage are especially dangerous and include scuba diving, snorkeling, deep-sea fishing, boating, golfing, swimming, boogie boarding, surfing, hiking, biking and mountain climbing. This list is not all-inclusive, but indicates some of the hazards of vacationing in Hawaii. Guests may also encounter the following risks: slippery floors and stairs, especially when wet, lanais with spaces between rails (dangerous for little children), precipitous drop-offs on ocean floor, unfenced pools, faulty electrical or plumbing systems, gas BBQ grills, clean/clear sliding glass doors, and dangerous stairs or pathways, Therefore, each guest agrees that he/she is voluntarily participating in any and all activities, risks, and use of the accommodations, and hereby assumes all risk of injury, illness, damage or loss to person and property that might result, including, without limitation, any loss or theft of personal property. By booking this villa, you acknowledge that in all events and circumstances, Streamline Getaways, its officers and employees shall not be liable. Streamline Getaways reserves the right to cancel or rescind any rental agreement if it is found that the Guests are conducting unlawful activities, not abiding by the Home Owners Association House Rules, disturbing others by playing loud music, percussion, audio or instruments, or cause any loud or offensive noises, have made any misrepresentations about the nature or size of the group or use of the group or the use of the property or any other misrepresentations or any other way in breach of the rental agreement.
CANCELLATION AND REFUNDS:
Cancellation of booking at any time after Confirmation has been issued may result in forfeiture of deposit(s). Cancellation within the 60-day period prior to check-in may result in forfeiture of the entire rental amount. Refund of monies paid for
rental and services will be made under the following circumstances: (1) If, on the day that the rental is scheduled to begin, the property is unfit for habitation and no equivalent substitute can be obtained, or the property is not reachable by the usual means of transportation, or access to the property by visitors has been prohibited by authorities; or (2) The Villa is re-booked for the same time period and at the same rate of initial booking. If a portion of the rental time is re-booked, a pro-rata refund will be made. All refunds, whether in whole or pro-rata, will be subject to the deduction equal to 15% of deposit(s) paid. To protect against cancellations caused by certain unforeseen events, such as illness, death, natural disasters, etc., we recommend that guests purchase trip cancellation and Interruption Protection insurance to assure refund of deposits paid and reimbursement of other vacation payments. Such insurance is available through travel agents, auto clubs such as AAA