Yellowstone Vacation Homes
Rental Agreement
This rental agreement (“Agreement”) is between Yellowstone Vacation Homes, the Property owner’s property managers (“Managers”) and the individual named on the Reservation Confirmation (“Renter”). The Managers agree to rent the property named in the reservation quote and described as and located at the address listed on the Reservation Confirmation (the “Property”) to the Renter under the following conditions:
RESERVATION DATE: The date the reservation is confirmed by the Managers as noted on the Reservation Confirmation.
LENGTH OF TERM: This Agreement is to rent the Property for the reserved nights, starting at 4:00 PM on the Check-in Date (“Check-in Date”) and ending at 10:00 AM on the Check-out Date. Because we book our properties back to back, a late checkout means that the cleaning staff will likely not be able to clean this and/or other properties during the allotted time before other renters arrive, so a late departure has a detrimental effect on a lot of people! IF THE RENTER HAS NOT VACATED THE PROPERTY BY 10:00 AM OF THE LAST DAY OF THEIR STAY, THE MANAGERS WILL CHARGE THE RENTER A PENALTY EQUIVALENT TO AN ADDITIONAL DAY’S RENT USING THE CREDIT CARD ON FILE FOR THE SECURITY DEPOSIT. EVEN IF CHARGED A PENALTY, THE RENTER WILL STILL BE REQUIRED TO VACATE THE PROPERTY IMMEDIATELY. If the additional rent exceeds the available balance on the credit card used for the Security Deposit, the Managers have all other remedies to recover the costs. The Managers will use whatever means, including law enforcement assistance if necessary, to ensure that the Renter vacates the Property in ample time for Managers to clean and maintain the Property before the arrival of the next Renter.
RENT: The Renter agrees to pay the full rental amount, including taxes, cleaning fees, and any other fees as listed in the reservation quote and/or reservation confirmation to rent the Property for the reserved nights.
DEPOSIT: For properties booked online the Renter must obtain Property Damage Protection insurance (“Damage Insurance”) or pay a refundable Damage Deposit (“Damage Deposit”) via VRBO and its agents in an amount as required in the individual property listing, per the property rates page or online booking system. For reservations made by other means, a valid Visa, Master Card, American Express, or Discover credit card is required as a security deposit (“Security Deposit”) and must be on file prior to the Check-in Date and before the reservation will be confirmed. A good faith Reservation Deposit is required per the terms of item “3” above and will be applied toward any amounts due for the Final Payment. Once the Agreement is accepted and the reservation deposit is made, we will send the Renter a reservation confirmation. Please let us know if you do not receive a reservation confirmation, because your reservation is not secured without it!
CANCELLATION: If the cancellation is made more than sixty (60) days before the Check-in Date, the Renter will receive a full refund of any Reservation Deposit payments made. If the Renter cancels their reservation sixty (60) days or less prior to the Check-in Date, no refund of the Reservation Deposit payments will be refunded. Final Payment, including taxes and fees is due thirty (30) days prior to the Check-in Date. For reservations cancelled thirty (30) days or less from the Check-in Date, no payments are refundable. There are no refunds for early departures, late arrivals, or the Renter choosing not to use the Property for their reserved dates.
USE: The Renter will use the Property in a reasonable manner, including minimizing utility costs (keeping doors/windows closed, turning off the water, etc.). The Renter will not use the Property for disorderly or unlawful purposes. There will be a locksmith charge for keys not left upon departure. The Property is in a residential neighborhood and the Renter agrees not to interfere with neighbors’ quiet enjoyment of their residences.
UNAVAILABILITY OF PROPERTY: In the event the Property is not available for use during the Rental Term due to reasons, events or circumstances beyond the control of the Managers, the Managers will apply due diligence and good faith efforts to locate a replacement property that equals or exceeds the Property with respect to occupancy capacity, location and value that meets the reasonable satisfaction of the Renter. If such replacement property cannot be found and made available, Managers shall immediately return all payments made by the Renter, whereupon this Agreement shall be terminated and Renter and Managers shall have no further obligations or liabilities in any manner pertaining to this Agreement.
MAXIMUM NUMBER OF PEOPLE: The maximum occupancy of the Property is as indicated in the property listing and on the Reservation Confirmation. All people over age one are counted as Renters. Children under the age of 18 must not be left unattended.
PETS/SMOKING: Unless listing specifies otherwise Pets are not allowed anywhere on the premises. Smoking is not allowed inside the Property or garage or any outbuildings. If the Renter violate this provision they will be charged for any additional cleaning and repair required to restore the property and Property to its original condition prior to the Renter use, including but not limited to any sub-contracted work required, and for replacement costs of any damaged furnishings or fixtures (including but not limited to furniture, carpet, and window blinds/drapes).
FIRES AND FIREWORKS: Fireworks and other hazardous materials are not allowed at the Property. Open fires of any kind are not allowed in the Property or on the property, except as allowed as noted in fireplaces and burn pits particular to the properties that have them available for use. Please contact us if you are unsure about what is Ok!
PARKING: Parking is restricted to the driveway at the Property and public street parking as allowed per local municipal codes.
SUBLET: The Renter may not sublet the Property.
MAINTENANCE: The Managers will make every effort to assure the appliances and other appurtenances in the Property are in operating condition. The Managers will correct problems when they are discovered; however, due to the remote location of our town and the unavailability of parts and services locally, repairs may not be immediate. The Renter is asked to inform the Managers of any problems with the Property. Managers shall not be held responsible for such items failure to work, but will make every effort to correct any issues as reported as quickly as possible. Managers do not accept liability for any inconvenience arising from utility outages or acts of god or other situations beyond our control, including but not limited to internet or cellular service outages, failures, slow speeds, and all other connectivity issues that are the domain of the internet and cellular service providers.
RIGHT OF ACCESS: The Managers may access the Property for repairs and maintenance during reasonable hours. If the Managers believe there is an emergency, they may enter at any time.
DAMAGES: The Renter agree to use all furnishings and appliances with the utmost care and to leave the Property so extraordinary housekeeping will not be required. The Damage Insurance, Damage Deposit and/or Security Deposit protect the property owners and their Managers against excessive cleaning and damage to the Property. The Managers will notify the Renter in writing of damages or extra cleaning costs within seven (7) days of the Renter’s departure. The credit card used as the Security Deposit will be charged for any missing items or damages within seven (7) days of the Renter’s departure unless the Renter makes other arrangements with the Managers. If the damages or extra cleaning costs exceed the available balance on the credit card used for the Security Deposit, or exceed the amount of the Damage Deposit, or are above the amounts covered by the Damage Insurance or for whatever reason are not covered by the Damage Insurance, the Managers have all other remedies to recover the costs. The Renter will pay replacement value, including any labor, travel, and shipping costs, for items lost or damaged during their stay.
TERMINATION: Renter will be required to vacate the premises immediately and forfeit the rental fee if any of the preceding clauses are violated, including but not limited to exceeding the number of occupants allowed on the property; causing damage to the property or any neighboring properties; smoking or having pets on the premises; and causing any disturbances that interfere with the neighbors’ quiet enjoyment of their residences.
RELEASE OF LIABILITY: The Renter agrees to inform the Managers immediately of any unsafe or dangerous conditions they encounter with the Property. The Renter understands and acknowledges that there are risks associated with renting the Property. These risks include but are not limited to natural and manmade accumulations of snow, wildlife on the property, accessible mechanical equipment, kitchens and bathrooms which differ in design from what the Renter is accustomed to, etc. Due to changing building standards, the Property may not meet current building and safety codes. The Property may include the use of recreational equipment (Equipment) including but not limited to boats, playground equipment, bicycles, fishing gear, gaming equipment, and other types of recreational gear. The Renter assumes all risk and responsibility for use of any Equipment provided with the rental of the Property. It is the Renter’s responsibility to ensure that the Equipment is in good and safe working condition before use. The Renter will inform the Managers immediately of any unsafe or dangerous conditions found with the Equipment. The risks associated with renting the Property are different from those associated with staying in a hotel or resort and could result in death or serious bodily injury.
INDEMNIFICATION: The Renter releases the property owners and the Managers from liability for and agree to indemnify the property owners and their Managers against losses resulting from the Renter’s actions.
DAMAGES: The Renters sole remedy under this Agreement will be to recover monetary damages up to the amount paid in rent and deposit. Specific performance will not be granted.
VENUE AND CHOICE OF LAW: Any legal action under this Agreement must be filled in Montana Eighteenth Judicial District Court and adjudicated under Montana law.
ATTORNEY’S FEES: The prevailing parties are entitled to recover reasonable attorney’s fees and costs in any action to enforce this Agreement.
MY PAYMENT OF THE RESERVATION DEPOSIT INDICATES THAT I HAVE READ THE RENTAL AGREEMENT AND AGREE TO ABIDE BY THE ABOVE CONDITIONS. I have had the opportunity to ask the Managers any questions concerning the Agreement. I understand that my failure to abide by this Agreement may result in termination of my reservation and forfeiture of my deposit and rental fees. If damages or missing items are found upon departure, or if I fail to vacate the Property by 10:00 AM on the last day of my reservation, I grant permission for the payment method(s) used for the Security Deposit, Final Payment and any other Rent Payments, and any Damage Insurance or Damage Deposits to be charged for additional rent per the terms of this Agreement.
THE EFFECTIVE DATE OF THIS AGREEMENT IS THE DATE THAT THE RESERVATION CONFIRMATION IS PROVIDED TO THE RENTER.
Thank you for you Reservation! We look forward to having you stay with us, and hope that your
Montana Vacation is pleasurable and memorable!
Please let us know if there is anything we can do to improve the experience for your or for our future Renters!