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Clearwater Montana Vacations, LLC - Rental Agreement
  1. Check In Time is 3:00 PM:
    1. Keys: Instructions for obtaining keys will be emailed to the guest prior to arrival. Should guests need to check in earlier than 3:00 PM, please contact a CMV agent to be sure the property will be ready for an early arrival. CMV will use its reasonable efforts to have the premises ready for Guest occupancy at check-in time, but cannot guarantee the exact time of occupancy.
  2. Check out Time is 11:00 AM – NO EXCEPTIONS: 
    1. Checkout Time: Check-out time is strictly enforced so that CMV has adequate time to prepare the property for the next guest.
    2. Late Checkout: Guests that do not vacate the rental property by 11:00 AM (unless written prior arrangements have been made); a fee equal to the rental rate for one (1) day will be assessed to Guest(s).
    3. Check out Procedure:
      • Completely vacate the premises and any parking or storage areas used by the Guest.
      • Leave all keys, remote controls, and property information in the unit on kitchen counter or dining table.
      • Leave all furnishings in the same condition as received. Housekeeping will take care of all bed linens.
  3. Reservation Requirements: 
    1. Deposit: 50% of the total rental fee paid by credit card is required in advance to hold reservation. 
    2. Balance Due: Balance must be received no less than 14 days prior to check-in. Upon receipt of reservation deposit, confirmation and directions to the unit will be forwarded to Guest. 
    3. Method of Payment: Visa, MasterCard, Check, and Money Order Accepted. 
  4. Cancellation: 
    1. Fees:
      More than 60 Days: CMV will retain a $50.00 cancellation fee and return the remaining deposit to you.
      Less than 60 Days: If CMV is able to re-rent the property you reserved for all of the dates you reserved, then CMV will retain a $50.00 cancellation fee and return the remaining deposit to you. If CMV is unable to re-rent the property for all of the dates you reserved, then your deposit will be forfeited.
      Less than 14 Days: If Guest(s) cancel less than fourteen (14) days prior to their arrival date, the advance deposit will be forfeited.
      Exception: For reservations booked for July or August, no refunds will be made if cancellation is after May 1st of the year of the reservation.
    2. Notice: For a refund of monies, cancellation must be in writing and sent via fax or email and received 14 days prior to arrival date. No Cash Refunds Are Given!
      Mail:
      Clearwater Montana Vacations, LLC
      459 Electric Avenue
      Bigfork, MT 59911
      FAX: 1-866-864-4922
      EMAIL: Stay@ClearwaterMontanaVacations.com 
    3. Refunds: No refunds will be given for the following:
      • For early departures (fewer days than reserved) 
      • Delayed arrivals
      • Reducing the number of nights reserved with less than 14 days notice
      • Rescheduling due to inclement weather.
        ** Guests are encouraged to purchase travel insurance. **
  5. Reservation Change Fee: 
    1.  All reservations that need date and/or property change 30 days or more prior to arrival date are subject to a non-refundable $50.00 rescheduling fee per change. 
    2. Agent may review reservation changes that are done 29 days or less and at the Agent(s) own discretion may approve a rescheduling with a change fee at a rate of 50% of the advance payment.
  6. No Show Policy: If Guest(s) do not arrive, all advance payments will be forfeited.
  7. Returned Checks: A $35.00 service charge will be incurred for any returned checks.
  8. Damages: 
    1. Security Deposit Fees: In lieu of a security deposit, CMV requires all guests to purchase a $39 Security Protection Plan provided by CSA Travel. Guest(s) will be covered for any damages up to $1,000. Damage that is above $1,000 or that is deemed by CMV to not be of an unintentional nature, or if unit requires excessive cleaning, costs incurred will be charged to guest's credit card.  
    2. Damages: The Guest will at the Guest’s expense and at all times maintain the premises, furnishings and appliances in clean and good condition and will surrender the same upon termination of this Agreement in as good a condition as when received. 
  9. Use and Unit Capacity - Each unit is designed to accommodate a certain number of guests. Guest may not have an excess number of guests than the unit allows. The number of guests permitted in the unit should match the number on your confirmation. Please notify us ahead of time if the number of people in your party has changed. Any unregistered Guests shall be charged an additional $50.00 per night, per person for non-disclosure of the fact.
  10. Seasons/Holidays:
    1. Seasons:
      • Peak Season: May 20th thru September 20th
      • Mid Season: April 1st thru May 19th and September 21st thru November 10th 
      • Winter Season: November 11th - March 30th 
    2. Off-Season Holidays: 
      The following off-season holidays are subject to a 3 or 4 night minimum at the Peak Season rate.
      • Memorial Day – 3 Nights
      • Labor Day – 3 Nights
      • Thanksgiving  – 3 Nights
      • Christmas – 4 Nights
      • New Years – 3 Nights
  11. Alcoholic Beverages/Parties: Drinking of alcoholic beverages by persons under the legal age of twenty-one (21) is not allowed. Should a Guest(s) or guest of Guest(s) be arrested for underage drinking at the rental unit property or should Agent(s) observe a Guest(s) or guest of Guest(s) under the age of 21 drinking alcoholic beverages, this rental agreement may be terminated and the Guests evicted at the option of the Agent(s). Illegal drug use is strictly prohibited. Parties are not allowed. Kegs are not permitted on any property.
  12. Keys and Remote Controls: Guest(s) are issued one set of keys at check-in. Upon request, Guest(s) may be issued a second set of keys. As these are privately owned properties, Guest(s) are responsible for lost-keys or remote controls. Guest will be responsible for all costs incurred in re-keying a property due to lost or misplaced keys. In the event that a remote control is lost, misplaced, or not-returned, a charge of $100 will be charged to guest's credit card.
  13. Lockout Policy: In the event a Guest(s) is locked out of a property, please contact a CMV agent at 866-330-5999. If an agent is not available, and should a locksmith will be required, the Guest(s) will be responsible for cost of this procedure.
  14. Satellite/Cable Television/Wi-Fi Internet: All properties are privately owned and have different subscription packages for internet, cable, and/or satellite. CMV does not guarantee any programs, events, or internet access.      Guest(s) will be liable for ordering any pay per view or programming charge, plus an additional $5.00 charge per program or event. Any costs incurred will be charged to guest's credit card.
  15. Wi-Fi Internet: All properties are privately owned. Internet access may not be available in all properties.
  16. Phone Calls: Telephone calls are free locally. Guests are responsible for long distance calls and must use credit card, calling card, or collect calls. If Guest(s) charges long distance phone calls to Owner's phone, Guest(s) will be liable for said charges plus a charge of $5.00 per call.
  17. Supplies: A start up amenities package provided for our Guests includes; automatic dishwasher and hand soap, a limited supply of toilet paper, paper towels, firewood, cookware, dishware, silverware, and barbeque. Any supplies beyond the initial start up amenities package provided by CMV are to be supplied by the Guest.
  18. Maintenance: Agent(s) cannot guarantee against mechanical failure of heating, air conditioning, Hot Tubs, TVs, Satellite Receivers, VCRs, or other appliances. To report major appliance, plumbing or air conditioning problems, please call CMV’s 24-hour emergency cell number 866-330-5999. Agent will make every reasonable effort to arrange for repairs quickly and efficiently or move Guest(s) to a different property if possible. Should a repair person make a call to a unit and find that the equipment is in working order and the problem was due to the Guest(s) oversight or neglect, the charge for service will be the Guest(s) responsibility. No refunds or rent reductions will be made due to failure of appliances or equipment. Authorized employees or repairmen may enter the premises during business hours for purposes connected with repair, care or maintenance of rental unit. We will do our best to have any repairs done quickly; however, NO discounts or refunds will be  given for equipment or appliance failure. 
  19. Double Bookings: Double bookings are rare. In the event that Guest(s) reservation for the rental property overlaps or matches the reservation of another tenant, CMV reserves the right to relocate Guest(s) to a different rental property within CMV’s rental program or that of another company. Every effort will be made to ensure that the replacement property is reasonably comparable to the original rental property booked. CMV shall have the sole right to select such replacement rental property. CMV agrees to pay any additional charges due in excess of the rental amount for the rental property, and refund any amounts paid by Guest(s) in excess of the replacement property rental amount. Guest(s) will have the option to 
    • Accept the replacement property
    • Reject the replacement property and receive a refund of all rents and fees paid for the rental property.

    Guest(s) agree that Guest(s) choice between these alternatives will be Guest(s) sole remedy for any and all damages, liability, or inconvenience arising out of the double booking.

  20. Cleaning: 
    1. The following items must be complied with before check out or Guest(s) shall forfeit his/her security deposit:
      •  Dishes, Pots, Pans, Silverware, and Utensils must be washed; dried and put away (Do Not Leave in Dishwasher) and the stove/oven shall be left in a clean condition.
      • Beds do not need to be made.
      • Refrigerator should be left clean and free of food.
      • Windows and doors must be left closed and locked with the air conditioner on 78 degrees or heat on 55 degrees depending on the outside temperature.
      • Place all trash into garbage cans provided.
      • All litter and cigarette butts must be picked up from the yard, front and back, and placed in the outside garbage cans tied securely in trash bags. 
      • Property should be left neat and in order (same condition it was when Guest(s) arrived). 
    2. Agent(s) will dust, vacuum, sanitize, and clean all towels and linens upon your departure. If additional cleaning is required, appropriate charges will be deducted from your security deposit. Guest(s) is responsible for any damage, abuse, excessive cleanup requirements, or loss caused by any member of Guest(s) party to the property or its contents during Guest(s) occupancy. Inspectors walk through each property after checkout to ensure the property is left in good order. Agent(s) will make that final determination of the necessity of any charges to Guest(s). 
    3. Maid service and other cleaning arrangements during your stay are available for an additional charge.
  21. Smoking: Smoking is not permitted inside. Outside smoking is permitted but please do not litter. Failure to obey this rule will result in loss of security deposit and/or charge to credit card.
  22. Pets: Sorry, pets are not permitted on any properties. If a pet is found on the premises, the guest is subject to a $250 charge (per pet) for violation.
  23. Rates: Rates are posted on each unit’s page individually. Rates are subject to change without notice. 
  24. Insurance: 
    1. Personal Property: Guest’s personal property and vehicles are not insured by CMV. CMV is not responsible for any loss or theft either inside or outside the units.
    2. Travel Insurance (Trip Interruption Insurance): CMV offers CSA Travel cancellation/interruption insurance to every guest. CSA is authorized by the Oregon Department of Insurance. Once your payment becomes non-refundable, you may be able to receive a refund of rent, tax and all other fees if you purchased the insurance. For questions concerning the Travel Insurance, please call CSA directly at 1-866-298-6846. The premium paid for travel insurance is non-transferrable and payable with your initial deposit 
  25. Right of Entry and Inspection:  CMV will have the rights to enter the premises pursuant to state law: 
    1. In case of emergency, without prior notice.
    2. To make necessary repairs, alterations, improvements, supply necessary or agreed services, exhibit the premises to prospective or actual purchasers, mortgagees, Guests, workmen, insurance agents, or contractors.
  26. Expedited Eviction: A material breach of this Agreement by Guest(s), which, in the sole determination of the Agent, results in damage to the Premises, personal injury to Guest(s) or others, a breach of the peace, a nuisance to others, or a violation of criminal law or local code, shall be grounds for termination of Guest(s) tenancy. Violation of any of the rules contained here in will result in IMMEDIATE EVICTION and forfeiture of rent and security deposit.

    Guest(s) may be evicted under such procedures if Guest(s):
    • Hold over in possession after Guest(s) tenancy has expired
    • Commit a material breach of any provision of this Agreement that according to its terms would result in the termination of Guest(s) tenancy; 
    • Fail to pay rent as required by this Agreement, or 
    • Have obtained possession of the Premises by fraud or misrepresentation. Any reservation made under false pretenses will result in forfeiture of advance payments and the party will not be permitted to check-in.
  27. Indemnification and Hold Harmless: Guest(s) agree to indemnify and save harmless the Owner and Agent(s) for any liabilities, theft, damage, cost or expense whatsoever arising from or related to any claim or litigation which may arise out of or in connection with Guest(s) use and occupancy of the rental property including but not limited to any claim or liability for personal injury or damage or theft of property which is made, incurred or sustained by Guest(s). The terms “Agent(s)” and “Owner” as used in this Agreement shall include their heirs, successors in interest, assigns, employees, agents, and representatives where the context requires or permits. The terms “Guest(s),” “You,” and “Your” as used in this Agreement shall include Guest(s) heirs, successors, assigns, guests, invitees, representatives and other persons on the rental property during Guest(s) occupancy (without regard to whether such persons have authority under this Agreement to be upon the rental property), where the context requires or permits.
  28. Credit Card: Guest(s) will provide credit card number as a guarantee. Guest(s) agrees to pay all rent and/or any outstanding long distance phone charges, accept all terms of the lease agreement and accept all liability for any damage beyond normal wear and tear during the term of the lease with CMV. If guest(s) fails to do so, they understand that these costs will be charged to the credit card number provided and all credit card sales are final!
  29. Taxes: Units are subject to all applicable Montana Lodging Facility Use and Sales and Use state taxes, commonly known as the “bed tax”.
  30. Entire Agreement: The parties acknowledge that this Agreement expresses their entire understanding and agreement, and that there have been no warranties, representations, covenants or understandings made by either party to the other except such as are expressly set forth in this Agreement.
  31. Disclosure: Although we hire professional pest control services, your experience may include pests which cannot be completely controlled, such as insects or rodents.  We ask that you be aware of your surroundings and take appropriate precautions.  **CMV is not responsible for lost or stolen items**
  32. Errors and Omissions: We strive that all published information about the rental properties offered by CMV is as complete and accurate as possible. Our website and print media content is reviewed and updated regularly.  CMV is not responsible for inadvertent errors or any unknown changes a unit owner may have recently made to their property.
  33. Compliance with Law: Both parties agree to comply with all applicable federal, state, and local laws and regulations in performing their duties.
  34. Severability: In the event that any provision of this Agreement is found invalid or unenforceable pursuant to judicial decree or decision, the remainder will remain valid and enforceable according to its terms.
  35. Agency Disclosure: CMV serves as the agent & representative of all owners of vacation properties in its rental program, and is acting at all times, in and for the best interests of the owners 
  36. Notices: All notices, demands or consents required or permitted under this Agreement will be in writing and will be delivered in person or by facsimile, mailed or emailed prior to stay. The service of any notice on one Guest will be deemed a service of all occupants with the premises. 
Clearwater Montana VacationsP.O. Box 490 Seeley Lake, MT 59868+1 (866) 330-5999Stay@ClearwaterMontanaVacations.com
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