Lower Chap Rental Agreement In consideration of the monies received and the mutual promises contained herein, the Property Manager (Manager) of the HaleKalani hereby agrees to give access to use the Property to the above individual, (herein referred to as Guest), on the property and dates described on the reservation form and in the confirmation e-mail, under the conditions stated herein. Advance Payment: Guest agrees to pay the Property Manager an Advance Payment (25% of total rental) in the amount specified on the reservation form and in a confirmation e-mail. Advance payment of 25% of the total rental amount is used to secure the property for reservations and is due at the time the reservation is made. Final Payment: Guest agrees to pay the Property Manager the final payment 30 days prior to their arrival dates in the amount specified on the reservation form and in a confirmation e-mail unless booking through a 3rd party entity such as AirBnB/HomeAway, then the guest will make payment to that channel on the specified dated required by the booking channel. This amount will automatically be charged to the card on file for the reservation. Cancellation Policy: All cancellations must be made more than 30 days prior of the reservation date in order to receive a full refund. A 50% cancellation fee will be applied to all reservations for cancellations received less than 30 days prior to arrival. If a cancelation is made less than 14 days prior to arrival all payments will be retained. Check in: Check in begins at 4:00 PM MST on the Arrival Date specified on reservation form and in confirmation e-mail. Checkout time: Checkout is NO LATER than 10:00 AM MST on the Departure Date specified on the reservation form and in the confirmation e-mail. . If you are in the unit later than check out and the housekeeper arrives and is delayed you will be charge $100/hour.
Parties and Events: Parties and/or Events of any kind and size are prohibited at the reserved Property. Guests who violate this policy are subject to removal without a refund. Any party and /or event that violates the property rules or happens without the knowledge or consent of the host is prohibited. In addition, if the guests cause a disruption in the surrounding community, the local Property Manager has full authority to remove a guest without a refund. Only the number of guest listed on the booking reservation may occupy and stay the night in the unit. Additional guest staying in the unit are subject to an additional person fee. Pets: Pets are not allowed. Smoking and Vaping Prohibited: The property is NON-Smoking/Vaping. Any form of smoking is prohibited on the property. There will be an additional charge of $250 for any violation of this policy. Property Inspections: All problems, including inadequate cleaning and damage must be reported within 24 hours of check-in for the prior guest to be held responsible. The Manager reserves the right to enter premises for the purpose of assessing necessary inspections, repairs, or maintenance. Notification: It is the Guest's sole responsibility to inspect the Property upon arrival. Properties are not equipped for the handicap. Guests assume the entire risk of injuries arising from the use of the Property. Occupancy: The maximum number of occupants allowed in the Property is specified in the reservation. Overcrowding or misrepresentation is grounds for immediate revocation of the rental and additional fees and no refund. The Guest is the person who will occupy the Property. The Guest must be present at the Property for the time of the reservation and take full responsibility for the Property. Parents may not book Properties for their children. Children should not roam free on balcony, climb on furniture or engage in other unsupervised activities. Guests take full responsibility for all lost or broken items and any damages to the Property of any kind. Guests are liable for all financial reimbursements for any excessive damages, and/or missing items within the property. The Guest understands that the credit card that is on file may be subject to payments in the event that there are damages or missing items to cover replacement. Use is at your own risk. Personal Items: The Manager is NOT responsible for the theft of any guest’s personal items during the stay or left in the apartment after guest checkout. Property Use: The Property may not be used for any activity in violation of local, state or federal laws, or Montana Insurance rules and regulations. Restrictions on Property Use: Guests are prohibited from engaging in any unlawful activity or any other activity that constitutes a nuisance. Violation of this provision will result in immediate eviction without refund, and the Guest will be held liable for any damages to the Property, contents, and grounds. All Guests must comply with the Condominium Declaration and any Rules and Regulations required by the Condominium Association.
Subletting and Assignment: Guests may not sublet, sublicense, or otherwise grant any rights to the Property. Association Rules: Guest will comply with all rules and regulations of the Condominium Association and the owners. A physcial copy is provided in the Guest Manual in the unit. Renter will maintain the unit in the best possible condition. Cleaning supplies are available in the unit and should be used throughout the stay to keep the unit in the same condition as it was upon arrival. Attorney's Fees: If Manager consults legal counsel or a professional collection service for collecting any amounts due to Manager under this Agreement, Guest shall be responsible for all costs of litigation and/or collection in case of such, including actual attorney's fees. In the event of any action or proceeding commenced by any party, the prevailing party in such action or proceeding shall be entitled to recover from the other party all cost and expenses thereof, including actual attorney's fees and cost. Limitations on Rental: The Manager will not be liable for circumstances beyond their control including unfavorable weather. There will be no relocation, rental pro-ration or refund in the event of such circumstances. In the event the Manager is unable to deliver the Property to Guest because of property sale, fire, mandatory evacuation, eminent domain, Acts of Nature, or if the property is unavailable because of construction delays or lack of utilities, Guest agrees that Manager's sole liability, as a result of any of these conditions, will be a full refund of all payments tendered by Guest. Guest expressly acknowledges that in no event will the Manager be held liable for any other condition out of the control of the Manager, or for any incidental or consequential damages, including but not limited to, expenses that result from moving or for any other losses. Indemnification: Guest agrees to release Manager from and against all liability should anyone be injured upon the premises during the term of occupancy resulting from any cause whatsoever, except in the case of personal injury caused by willful gross negligence on the part of the Manager. Effective Date: Notwithstanding anything to the contrary, this Occupancy Agreement is binding and effective when no signature is required, and Guest's affirmative assent to the terms is expressed by Guest's reservation of the unit. If a Guest desires to terminate this agreement due to lack of assent, he/she must do more than 30 days prior of the arrival date. Governing Law: The terms and conditions stated herein will be interpreted by and governed under the laws of the State of Montana and any action arising out of this agreement shall be litigated in Montana Eighteenth Judicial District Court, Gallatin County, Montana. Entire Agreement: This Agreement sets forth the entire understanding of the parties and supersedes all prior agreements or understandings, whether written or oral, with respect to the subject matter hereof. No amendment or modification hereto shall be binding unless made in writing and signed by the parties hereto.