CHECK-IN AND CHECK OUT
- Check-in time is 4:00 PM on day of arrival.
- Check-out time is 10:00 AM on day of departure.
- Guest agrees that Big Sky Vacation Rentals personnel and its agents have the right, and hereby grants such right, to enter the Property promptly at the check-out time on the scheduled day of departure.
- Un-approved early check-ins will be charged 50% of an additional night's rent.
- Un-approved late check-outs will be charged 100% of an additional night's rent.
PETS/ANIMALS: Undisclosed animals (including service animals) are prohibited on or in the Property. If any evidence of an undisclosed animal is discovered during or after the stay, Guest will be charged a minimum of a $500 fee for carpet cleaning, and any additional cleaning needed in order to return the property to its original condition. In addition, any and all damages caused by the animal are the sole responsibility of the Guest Designee. If this policy is violated, Big Sky Vacation Rentals reserves the right to terminate this Agreement and expel all Guests including forfeiture of any Rent paid. Please note this does not mean the property is free of allergens.
GUEST'S DEPARTURE RESPONSIBILITIES: It is expected that the Guest will leave the property in a good and tidy condition. Please respect that you are renting someone's home.
- Failure to comply with the following items will result in charges for extra cleaning fees at $100/hour.
- All garbage must be bagged and placed in provided receptacles.
- All dishes must be washed and the dishwasher started.
- Secure all windows and doors.
- Ensure all fires have been extinguished and propane fireplaces/pits have been turned off.
OTHER GUEST OBLIGATIONS
- OCCUPANCY LIMIT: The maximum number of occupants as Guests in the Property during the stay is limited to the number of guests on your signed Rental Agreement. This limit includes children. Additional persons will result in an immediate termination of this Agreement, expulsion of all Guests, and forfeiture of all Rent paid (unless agreed to in writing by Big Sky Vacation Rentals).
- SMOKING: The Property is a NON-SMOKING UNIT. No smoking is permitted on, at, or in any part of the Property. If evidence of smoking is discovered, the Guest will be responsible for all expenses associated with restoring the property to original condition and a minimum $1,000 fee will be charged.
- FIRES: Outdoor fire-pits are permitted to use when provided at the property. Guest will be responsible to comply with all local fire ordinances. Guest will be responsible to contact the local Fire Department for current fire ordinances.
- Please note live Christmas trees are also a fire hazard and are not allowed. A minimum fine of $750 will be charged if a tree is discovered.
- NOISE AND DISTURBANCES: Guest will behave in a civilized manner and will be a good neighbor, respecting the rights of surrounding property owners and guests. Guest will not disturb, annoy, endanger, and/or interfere with surrounding property owners and guests. If excessive noise or disturbances occur resulting in notification by police or neighbors, all Guests may be asked to vacate the Property and will forfeit the reservation and all rental fees paid. Guest(s) will be responsible for any citations or fines issued as a result of the noise and disturbances of guest(s) and/or their invitees.
- PARKING: Vehicles are to be parked in designated parking areas only. Any cars parked otherwise are subject to towing; any applicable fines/towing fees are the sole responsibility of the vehicle owner and Big Sky Vacation Rentals assumes no liability. Many developments have a limit on more than 1–2 vehicles. Please be sure to inquire for details.Many driveways are steep and 4-wheel drive may be required.
- RV POLICY: No RVs are allowed at any property managed by Big Sky Vacation Rentals. Most associations have strict policies forbidding parking of RVs at properties. In addition, many driveways are steep and inaccessible. There is not an RV park or campground in Big Sky.
- PROPERTY ALTERATIONS: Guest will not make any alterations in or to the Property, including without limitation MOVING furniture, paintings, or kitchenware, or rewiring or moving electronics (TVs, stereos, etc.). Guest will not use fastening devices, nails, or adhesive materials on walls or furniture. Any additional work necessary to return the property to its original condition will be Guest(s)'s sole financial responsibility, including by way of example, not limitation, materials and labor.
- OPERATION OF EQUIPMENT: Guest will use and/or operate safely all furniture; furnishings; appliances; and mechanical, gas, electric, and plumbing fixtures and equipment (collectively, "Equipment") located on the Property and will use each only for its intended use and purpose. If the Property contains a bunkbed, ladder or sleeping loft the guest understands the risk of using such item and assumes such risk. If Guest does not know how to properly use and/or operate any Equipment, Guest will contact Big Sky Vacation Rentals for instructions. Any damage caused to Equipment through Guest's misuse will be the Guest Designee's responsibility.
- RECREATIONAL EQUIPMENT USE: During the Guest's occupancy of the premises described above, and subject to all terms contained herein, Guest may have use of recreational equipment ("EQUIPMENT"). Guest(s) and Guest(s) Designees SHALL use the Equipment in a customary and appropriate manner, and ONLY in the means for which the equipment was designed and intended. Guest(s) and Guest(s) Designee shall be responsible for any and all damage, however slight and/or inconsequential may be deemed, in excess of normal wear and tear.
- RELEASE, INDEMNIFICATION, AND HOLD HARMLESS: Guest(s), Guest(s) Designees where approved by Big Sky Vacation Rentals, invitees, its successors, heirs, or assigns, agree to forever release, hold harmless, and indemnify the Owners of the property and Big Sky Vacation Rentals, it's (their) directors, officers, managers, employees, and/or agents from and against any and all liability for losses, claims, injury to, or death of any person, including Guest(s) agents, designee, or any other person(s) using and or possessing the Equipment or from the acts or omissions of any person or person, including Guest(s) or Guest's Designee, using or possessing the Equipment, with our without Guest(s)'s express or implied consent.
- LIABILITY LIMITATIONS: IN NO EVENT WILL BIG SKY VACATION RENTALS' LIABILITY FOR ANY ACT OR OMISSION UNDER OR IN CONNECTION WITH THIS AGREEMENT EXCEED THE COMPENSATION RECEIVED BY BIG SKY VACATION RENTALS FROM PROPERTY OWNER UNDER OR AS A RESULT OF THIS AGREEMENT. WE WILL NOT UNDER ANY CIRCUMSTANCES BE RESPONSIBLE FOR ANY INDIRECT OR CONSEQUENTIAL DAMAGES SUCH AS LOST TRAVEL EXPENSES. WE DISCLAIM ALL LIABILITY FOR ANY DAMAGE TO OR THEFT OF ANY PERSONAL PROPERTY THAT YOU BRING TO THE PREMISES. TO THE FULLEST EXTENT PERMITTED UNDER LAW, WE WILL NOT BE LIABLE FOR ANY PERSONAL INJURY OR DEATH OCCURRING IN OR ABOUT THE PREMISES UNLESS CAUSED BY OUR RECKLESS OR WANTON AND WILLFUL ACT OR OMISSION.
AMENITIES: All properties have linens, towels, fully equipped kitchens, and basic supply items (complete list provided on 60-day notice to guests). For summer guests: Please note because of our mild climate and cool evening temps, A/C is very rare in properties. We provide fans in all properties.
- WIRELESS INTERNET AND TELEPHONE: Satellite TV or TV Streaming Services and Wireless Internet Access are provided in all properties. We are not responsible for limited or non-existent phone, cell phone or Wi-Fi service. Interruptions in service do not warrant any refund of monies.
- MEDIA: All media devices, TVs, stereos, wireless speakers, gaming systems, etc. are checked and must be left by Guest in working order. You will be charged if you unplug or reconfigure devices and we need to troubleshoot or restore the system to working order for the next guest. (Minimum charge is $250 for AV work if the problem was caused by guest.)
- FIREPLACE:
- HOUSEKEEPING SERVICE: While linens and bath towels are provided for Guests' use in the Property, daily housekeeping service is NOT included in the rental rate. You may inquire about this service for an additional fee.
- Guest acknowledges and agrees, on behalf of himself or herself and all other Guests and visitors, that there are certain health risks associated with use of a hot tub. Big Sky Vacation Rentals encourages all who use the hot tub to obtain medical authorization before using the spa. Hot tubs are not recommended for individuals with heart conditions, elderly, pregnant individuals, and children under the age or 5. Guest's and any visitor's use of the hot tub is at such Guest's and visitor's sole risk, respectively. Big Sky Vacation Rentals makes no representations or warranties concerning the conditions and/or use of the hot tub. Guest(s), their heirs, assignees, family, and authorized representatives, specifically hold Big Sky Vacation Rentals and the property owner harmless and indemnify Big Sky Vacation Rentals, the property owner and their assignees, employees, designated representatives, family, and heirs from any and all liability resulting from the use of the hot tubs made available by this rental agreement.
- Although Big Sky Vacation Rentals does everything reasonably in their power to maintain hot tubs in clean, sanitary, and safe conditions, Guest(s) understand there are certain risks that Guest(s) assumes when using the spa. Certain individuals are prone to skin irritations and individuals react differently to chemicals used in the hot tub. Big Sky Vacation Rentals and the property owner explicitly have no liability for any injury/harm that results in the use of the hot tub available to renter. Guest understands this, and acknowledges, on behalf of himself or herself and all other Guests and visitors, that he, she, and they are all fully aware that the hot tub, the chemicals used to sanitize it, and the surrounding patio/deck may be dangerous.
- All minor-aged children must have an adult present at all times. No children under 5 years old are allowed in the hot tub.
- A list of all rules, including the maximum number of individuals who are permitted in the hot tub, at one time, can be found posted on the tub or nearby. It is expressly understood and agreed upon by Guest(s) and/or their invitees that they will STRICTLY comply with the rules and regulations as detailed.
- In accordance to Montana law, hot tubs are drained, refilled, and sanitized and chemicals are replenished in all tubs prior to each guest arrival. Therefore, the water may be cold upon your arrival but will reach the desired temperature by your first morning.
- If you cause a circumstance that requires additional service, i.e., splashing water out of the tub, creating filth, leaving the cover open, exceeding the limitations of how many individuals are permitted in the spa at one time, the following charges at a minimum, will apply:
- $75 for a service call to add water or rebalance chemicals.
- $150 if the tub is so dirty that it requires a drain and fill to restore to useable condition.
- Hot tub covers are for insulation purposes and are not designed to support a person or persons. DO NOT STAND OR PUT WEIGHT ON THE HOT TUB COVERS, as they will break and you will be charged for a replacement cover.
- Guest will be responsible for proper use of the hot tub cover Lift Assist. Guest will be responsible for a replacement Lift Assist due to misuse resulting in damage to the Lift Assist.
- Please remember to cover hot tub when not in use to maintain temperature. If at any time the hot tub looks cloudy or dirty, or has unpleasant odor, Guest will cease further use of the hot tub and will call Big Sky Vacation Rentals immediately.
- On day of departure, hot tub technicians may arrive any time after 8:00 AM to prepare the tub for the next guest.
- A $50.00 per night refund will be issued for every 24 hours the hot tub is not working, that is not the direct consequence of Guest(s) or their invitee's misuse and/or if there is an unexpected hot tub maintenance problem during Guest's stay that is not caused by a Guest(s) or their invitee(s).
- Interruptions in use of the hot tub do not warrant a relocation.
- HOT TUBS: The front surface of the fireplace will get hot and the Guest should not touch the surface and will use the fireplace responsibly. Owner and Property Manager are not liable for any damage or injury resulting from the fireplace. If present, the Guest will use the fireplace at their own risk. A 10% refund will be issued for a Guest stay where the fireplace is not working, provided it is not the direct consequence of Guest(s) or their invitee's misuse and/or if there is an unexpected maintenance problem during Guest's stay that is not caused by a Guest(s) or their invitee(s). Interruptions in use of the fireplace do not warrant a relocation.
ACCESS:
- STORM POLICY / ROAD CONDITIONS / PROPERTY CONDITIONS: No refunds will be given for storms that alter your plans. Guest acknowledges and agrees, on behalf of himself or herself and all other Guests, that mountain roads are winding and steep, and that each Guest will take appropriate measures to travel under the conditions presented. We do not refund due to: (i) inclement weather or other force majeure events or (ii) malfunction of equipment and/or any Property amenities (e.g., TVs, DVDs, telephone, internet, etc.). Big Sky Vacation Rentals will make a reasonable effort to make repairs and keep all equipment in good working order and condition. (Travel Insurance is available—please inquire.)
- PLOWING/TOWING of ROADS and DRIVEWAYS: All road, driveway plowing, and maintenance is provided by a third-party vendor. If you become stuck, please call AAA or a towing service. Big Sky Vacation Rentals is NOT responsible for road and driveway plowing, maintenance, or towing. In addition, it is not uncommon for big snow loads to slide from roofs of properties. Big Sky Vacation Rentals has no control of such activity, and any property damage or injury resulting therefrom is the sole responsibility of the Guest(s) and/or their invitee(s). All incidents should be reported directly to automobile insurance or any other liability insurance not related to Big Sky Vacation Rentals. In addition, ice and slippery spots result from the wintery conditions in Big Sky. Guest(s) and their invitee(s) understand this and expressly acknowledge Big Sky Vacation Rentals is not responsible, accountable, or liable for any personal injury that results from incident by way of example, not limitation, slip and fall. Any personal injury—either physical or psychological, must be reported to Guest(s) or invitee's health insurance or liability carrier.
- ACCESS: We cannot guarantee the snow conditions at the time of your rental, and are in no way liable for snow conditions that contribute to limited or restricted ski access. Notwithstanding any advertisements regarding ski access, neither Big Sky Vacation Rentals nor the owner of the Property own or operate the ski facilities and neither makes any representations regarding the ski facilities and conditions, or ski access, and neither shall be liable for any loss or injuries arising from, related to or in connection with ski activities of any kind, ski conditions or ski access or lack thereof. Guest acknowledges and agrees, on behalf of himself or herself and all other Guests, that the ski facilities may have additional fees for parking, usage, and equipment.
- MOONLIGHT CLUB: Access to Moonlight Club is determined solely by Moonlight Club and no guarantee of access is provided in this agreement.
- TRANSPORTATION REQUIREMENTS: Please note that you will need to have a car or some other form of transportation in order to easily access restaurants, shopping, and other services. Big Sky Vacation Rentals does not provide transportation service to Guests of the Property.
PRIVACY POLICY: See our privacy policy here.
OTHER:
- INDEMNIFICATION: Guests jointly and severally defend, indemnify, and hold the owners of the Property and Big Sky Vacation Rentals, and its and their respective members, managers, employees, agents, contractors, and authorized representatives, harmless from and against any and all claims, actions, proceedings, damages, liabilities, injuries, losses, and expenses of every kind, whether known or unknown, including, without limitation, reasonable attorney fees and court costs, resulting from or arising out of, or in connection with, whether directly or indirectly, the following: (i) any bodily harm or death to any person; (ii) any loss, theft, vandalism, and/or damage to the Property; (iii) any Guest's breach and/or failure to perform any Guest obligation under this Agreement; and/or (iv) any act or omission by any Guest or any of their visitors.
- ADDITIONAL FEES – Big Sky Vacation Rentals collects and remits fees for certain third-party entities such as local taxing authorities, Homeowners Associations (HOA), and Property Owners Associations (POA). These entities control fees such as (but not limited to) gate/car passes and may, at their discretion, add, change, or increase fees at any time. Said changes are beyond the control of Big Sky Vacation Rentals and are the financial responsibility of the guest. Big Sky Vacation Rentals will notify guests of any changes in fees as soon as possible and reserves the right to adjust the balance of the reservation to reflect said changes.
- INSPECTION/ENTERING OF PROPERTY/PROPERTY FOR SALE: Big Sky Vacation Rentals and its representatives and agents may enter the Property at any time, with or without prior notice, for any of the following purposes: (i) making necessary or agreed maintenance, repairs, decorations, alternation, or improvements to the Property, or to supply necessary or agreed services; (ii) to verify that Guest has complied with the terms of this Agreement; and/or (iii) in case of an emergency. In the case of (i), we will use reasonable efforts to give Guest twenty-four (24) hours' notice. If the Property is listed for sale, Manager or Manager's Agent shall have the right to enter the premises and to allow prospective or actual buyers or lenders to enter the Premises upon twenty-four (24) hours' prior notice to Guest. A representative of Manager may accompany prospective or actual buyers, and lenders. Guest should inquire with the Manager regarding whether or not the Property is, or is not, listed for sale.
- SMS Terms of Service: By opting into SMS from a web form or other medium, you are agreeing to receive SMS messages from BSVR. This includes SMS messages for all aspects of your vacation rental. Message frequency varies. Message and data rates may apply. See privacy policy at https://www.bookbigsky.com/about-us/privacy-policy.
- MISCELLANEOUS: Each provision contained in this Agreement will be treated as a separate and independent provision. The unenforceability of any one provision will in no way impair the enforceability of any other provision. This Agreement constitutes the entire agreement between Big Sky Vacation Rentals and Guests with respect to the subject matter hereof. There are no agreements, representations, warranties, promises, covenants, commitments, or undertakings other than those expressly set forth herein. This Agreement supersedes all prior agreements, representations, warranties, promises, covenants, commitments, or undertaking, whether written or oral, with respect to the subject matter contained in this Agreement. No amendment, modification, change, waiver, or discharge hereof will be valid unless in writing and signed by an authorized representative of the party against which such amendment, modification, change, waiver, or discharge is sought to be enforced. No waiver by any party of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the party so waiving. No failure to exercise, or delay in exercising, any right, remedy, power or privilege arising from this Agreement shall operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power, or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.
This Agreement will be governed by and construed in accordance with the laws of the State of Montana, and venue for any action concerning the Agreement will lie in Gallatin County, Montana. If litigation or arbitration is instituted to enforce or determine the parties' rights or duties arising out of the terms of this Agreement, the prevailing party will recover from the losing party reasonable attorney fees incurred in such proceedings to the extent permitted by the judge or arbitrator. If there is more than one Guest, all such Guests will be jointly and severally liable for the performance of each and every Guest obligation arising out of or under this Agreement, and for the acts and omissions of each Guest. The termination of this Agreement, regardless of how it occurs, or the expiration of this Agreement, will not relieve a party of any obligations or liability that have accrued before termination or expiration. The entire agreement shall survive the termination date.
MY ELECTRONIC SIGNATURE ACKNOWLEDGES MY ACCEPTANCE OF AND AGREEMENT TO, ON BEHALF OF MYSELF AND ALL OTHER GUESTS, THE GUEST OBLIGATIONS AND ALL OTHER TERMS AND CONDITIONS OF THIS AGREEMENT. NOTWITHSTANDING THE FOREGOING, OR ANYTHING TO THE CONTRARY IN THIS AGREEMENT OR OTHERWISE, THE PAYMENT OF A DOWN PAYMENT (IN WHOLE OR IN PART) IS DEEMED TO CONSTITUTE GUEST DESIGNEE'S, ON BEHALF OF HIMSELF OR HERSELF AND ALL OTHER GUESTS, ACCEPTANCE OF AND AGREEMENT TO ALL OF THE GUEST OBLIGATIONS AND ALL OTHER TERMS AND CONDITIONS OF THIS AGREEMENT REGARDLESS OF WHETHER THIS AGREEMENT IS SIGNED.
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 FOREGOING 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 BIG SKY VACATION RENTALS 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.
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