Terms and Conditions

Rental Agreement: By submitting payment for this booking, you agree that you have read, understood and agree to adhere to and be bound by the terms and conditions of this agreement, thus making it a legal binding contract. Please email Owner if you have any questions or concerns.

Owner:  Connie Werner                                                                       

Phone:  949-290-4482      

Email:    [email protected] or [email protected]                                                                                                                                 

Check-In / Check-Out Times. Check-in begins at 4:00 PM and we will use our best efforts to have the townhouse ready for you at such time. In rare instances, check-in to the Property may be unavoidably delayed due to unexpected maintenance and/or housekeeping issues.  You are not allowed to enter the Property until all housekeeping and inspections have been completed, and housekeepers are not authorized to grant access to the Property.  Check-out time is 10:00 AM.  Refunds are not given for late arrivals or early departures.

Advance Payment. An advance payment equal to 50% of the total booking charges are due at the time of booking. This advance payment will be applied toward the total booking charges due. The balance of the total booking charges are due 14 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 could result in cancellation of the reservation.  Please refer to property cancellation policy.

Cancellations and Changes. Reservations may be cancelled by notifying the Owner in writing at least thirty (30) 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, maintenance and/or housekeeping issues, failure, outages or noise. 

Smoking. This is a NON-SMOKING property. SMOKING of any kind is NOT permitted at the property, inside or out. There will be a $2000 additional cleaning fee added if smoking has occurred at the property. Housekeeping signs off that smoking did not occur at the property prior to your stay.

Children. Please supervise your children at all times. We have tried to make the vacation rental as safe as possible, but the ultimate responsibility rests with you.

Pet Policy.  Pets of any kind are NOT permitted, inside or outside of the property. Violation of this clause shall be deemed grounds for immediate termination and eviction with no refunds of rent, tax, cleaning fee. Guests who violate this policy will be charged an additional $2000, plus the expense of any cleaning deemed necessary by Owner’s sole discretion. A family member has severe allergies to pet dander. For their health safety and the health safety of guests with pet allergies, pets of any kind cannot be accepted. Please inform me if you have a service animal and I will assist you in finding other suitable accommodations in the same area. It is an undue hardship for Owner to perform restorative cleaning to eliminate pet dander at the property. Please DO NOT bring you pet. I represent this as a pet free rental inside and out and will make no exceptions.

Check Out. The guest is not responsible for laundering bedding or towels. The exterior doors and windows are to be left closed and locked when not occupying the property. All interior and exterior lights are to be turned off. Make sure that the garage door opener is in the garage holder. Guests shall dispose of all waste material generated during the rental period in a lawful manner and put the trash in the provided cans. Place bagged overflow trash in the large trash cans found in the garage. Replacement trash bags are in the bottom of the trash cans or in the laundry room. No trash is to be left at the back patio/spa area.

Housekeeping. Your vacation accommodations will be cleaned to our quality standards prior to your arrival and after your departure. Owner shall provide towels, bedding, cups, knives,forks, spoons, dishes, and other commonly used items. Toilet paper, soap, shampoo, dish detergent, dishwasher detergent, laundry detergent and other consumables are provided in very small quantities. You are responsible for the purchase of any additional items you may require during your stay. There is no daily housekeeping service. Additional housekeeping services can be added at additional cost.

Maintenance. During your stay, promptly report any maintenance problems to Owner. No refund or rate adjustment will be made for maintenance failures, including any disruptions or failures related to the supply of electricity, water, pool systems, air conditioning, telephone, television or cable service, appliances, Wi-Fi, etc., regardless of whether such issues were reported to Owner.

Parking. Whitefish Mountain Resort Big Mountain HOA has enacted new parking restrictions. This allows a large fire truck to maneuver around the cul-de-sac and streets.The townhome has space to park one vehicle in the garage and additional vehicles in front of your townhouse. If needed and if available, during summer months you may park in the turnout on the uphill right side of Wood Run (below driveway of blue townhouse) There is NO on street parking allowed overnight except in the turnout. If you park outside the guideline areas you may be ticketed and likely towed on a second offense. The other approved overflow and overnight parking is in the resort owned Larch lot (across from Kandahar Lodge). There are no RVs or campers allowed to park on the roads at any time.  Feel free to contact the Owner or Grizzly Security (406-885-4063) if you find cars parked in your assigned area. Any illegally parked cars are subject to towing; applicable fines/towing fees are the sole responsibility of the vehicle owner.

Hot Tub. The townhouse has a private hot tub in the rear patio. Please respect the privacy and peace and quiet of the guests of the other units. Spa hours are 10am to 10pm. Use extreme care while in the hot tub. Being intoxicated while in a hot tub can be extremely dangerous, if not deadly. No trash is to be left in this area. For safety reasons a lock has been installed on the spa cover. You will be given the spa lock code in your property access email. It is your responsibility to ensure that the hot tub cover is locked after each use. You will be fined if the spa is left unlocked while unit guests/guests are not present. You will also be fined if any trash is left in the spa area or if glass of any kind is taken to the spa area. It is your responsibility to give this information to everyone in your group. There are small children and guests from other units that may be attracted to an unlocked hot tub. If the hot tub is left unlocked then you and your guests are responsible for any mishaps or accidents occurring as result of your negligence. All hot tubs in the back patio have cover locks. It is prohibited to use a hot tub belonging to another townhouse. The hot tub is serviced twice a week. The hot tub is not available for use during maintenance.

State of Montana Spa Warnings and Regulations: (required information)

Risk of Disease: Please do not use the spa if you have had diarrhea or any disease transmittable by water in the past two weeks.

Risk of Drowning: No person under the influence of drugs and/or alcohol may use the spa

Risk of Fetus Damage: Hot water exposure limitations vary from person to person. Pregnant women should not use spa without prior medical consultation with their physician.

Risk of Drowning Warning: People using prescription medications and/or having the following medical conditions should consult with their physician before entering the spa: heart disease, diabetes, high blood pressure, or other serious medical condition.

Heat Stroke Warning: Users are limited to no more than fifteen (15) minutes in the spa at any one (1) session. Staying in the spa too long may result in nausea, dizziness, and fainting.

Capacity of the spa is (8) people. Enter and Exit Spa Slowly.

CHILDREN AGE 5 AND UNDER ARE NOT ALLOWED IN THE SPA.

End — State of Montana Spa Warnings and Regulations

SAFETY. It is the guest’s responsibility to learn about safety precautions and weather conditions concerning the mountain area. Guest is hereby notified that mountain biking, hiking, skiing, snowboarding and all other activities enjoyed at the mountain can be dangerous and guest accepts fully the risks involved. Fireworks and other hazardous materials shall not be used in or around the property

TENANCY. Guests expressly acknowledge and agree that this Rental Agreement is for transient occupancy of the property, and that guests do not intend to make the property a residence or household. Guests shall not sublet the property.

Maximum Occupancy; Events. The maximum number of guests per accommodation is based on the individual accommodation’s ability to comfortably and safely house our guests. 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 of Owner and payment of additional fees.  Some properties and/or communities do not allow events of any kind, and all approvals shall be in Owner’s sole discretion. There shall be no more than listed as ‘number in party’ in the booking residing or sleeping at the premises. At least 1 guest must be at least 23 years of age. This is not a vacation rental for partying by fraternities, sororities, bachelor/bachelorette parties, for groups of persons less than 23 years of age or similar groups. Please respect this property. Guests shall be good neighbors, respecting the rights of the surrounding property residents. Guests shall not create noise or disturbances likely to disturb or annoy the surrounding property residents. Guests may be asked to vacate the property if Security is repeatedly called to the property due to noise complaints or any other complaints in general. Whitefish Mountain Resort enforces “quiet time” as 8pm to 8am. This property “quiet time” is 10pm to 8am.  Quiet time is enforced whether inside or outside the property, including the hot tub. Please contact Owner (949-290-4482) or Grizzly Security (406-885-4063) if other unit’s guests are causing a noise disturbance.

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.

Entry by Owner.  Manager or their agents may enter the property in case of an emergency, to make any repairs, alterations or improvements, to supply services, or upon reasonable suspicion that guest has breached any of its obligations hereunder.  We will try to provide at least 3 hours notice of intent to enter the property except in the case of an emergency, provided, that failure to provide advance notice of intent to enter the property shall not affect our ability to enter for the reasons set forth above.

Damage Policy. Guests are responsible for the property, its contents, and themselves during occupancy. Guests must lock windows and doors securely when not in the premises. Rearranging the furniture or removing any items from the unit is prohibited. After Check-Out, housekeeping will inspect the unit for damage, rearranged furniture, missing items, and abnormally dirty appearance. If the housekeeping determines that damage has occurred, items are missing, or the unit is abnormally dirty, Owner will repair the damage, replace the missing items, and/or perform a deep clean of the unit at your expense.  You authorize Owner to charge the credit card on file to reimburse Owner for any such expenses.

Severe Weather. Refunds for cancellations or shortened stays due to actual or anticipated poor or extreme or inclement weather or Acts of God will not be issued by Owner. We recommend all guests purchase travel protection insurance from a third party company, as Owner does not offer travel protection.

Interference with Stay.  We are not liable for any disturbance or interruption that may occur during your stay that is outside of our reasonable control, including noises, disturbances or facility closures, whether due to construction, neighbors, events or other circumstances beyond our reasonable control.  As such, guest shall not be entitled to a refund relating to any such disturbances or interference nor to be moved to another property.

Security of Personal Property. Owner is not responsible for any acts of theft or vandalism, or other damages to any personal property or for personal items left by guest in the accommodation at departure.

Payment Method. Please provide payment directly over the phone or via the online payment system if making a booking online. Payment must be via credit card or eCheck. Guests give Owner permission to charge the credit card on file for anything over the policy limit or not covered by the damage waiver. Anything over and above the guests’ credit card limit will be turned over to our attorney. Any legal costs and fees are stipulated below. There will be no additional charges provided the following provisions are met: (i) No damage is done to the property or its contents, beyond normal wear and tear; (ii) Guest did not incur any charges due to contraband, pets, or collection of rents or services rendered during the stay; (iii) No excessive cleaning is required; (iv) The unit is left locked; and (vi) No linens/bedding/towels/kitchen supplies are lost or damaged

This contract is binding upon initial payment. No signatures are required.

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.

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.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. 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.

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.  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.

Binding; No Assignment.  All of the terms, covenants and conditions of this agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, legal representatives, successors and assigns.  You may not assign this agreement without our consent, and

Headings. Section and other headings contained in this Agreement are for reference purposes only and are in no way intended to define, interpret, describe or limit the scope, extent or intent of this Agreement or any provision hereof.