Please review the terms and conditions below for renting properties through Bitterroot Cabins, LLC. By making a reservation, you, the Guest, accept all the legal terms and conditions listed below and further certify that you are at least 21 years of age.
Confirmation: Online and telephone bookings temporarily reserve a Guest’s requested dates of occupancy. To complete a reservation with Bitterroot Cabins, LLC a Guest must return a signed Property Rental Agreement, credit card information, and deposit payment as outlined below. Once the reservation is completed, Bitterroot Cabins, LLC will send final confirmation to the Guest via email.
Reservation Changes: Any reservation change must be made in writing more than 30 days prior to the Guest’s scheduled check-in date. Any reservation change made within 30 days of the Guest’s scheduled check-in date will be processed as a cancellation pursuant to cancellations section (b). Changed reservation dates must fall within the same calendar year as the original reservation. Changes that shorten the duration of the reservation are subject to the cancellation policy below.
No-Shows: In the event the Guest is unable or fails to make use of the rental property during the Guest’s confirmed reservation period, the entire amount of all rental fees shall be charged and no refund shall be issued.
Double Bookings: Should a reservation for the rental property overlap or match the reservation of another guest, Bitterroot Cabins, LLC reserves the right to relocate any guest to an equivalent property within Bitterroot Cabins, LLC’s rental program or that of another company. Bitterroot Cabins, LLC shall have the sole right to select the replacement rental property, and will pay any additional charges due in excess of the rental amount for the rental property, and refund any amounts paid by the Guest in excess of the replacement property rental amount. Guests have the option to either: (1) Accept the replacement rental property; or (2) Reject the replacement rental property and receive a refund of all rents and fees previously paid for the rental property. Guests agree that the alternatives stated in this section shall be the sole remedy for any and all damages, liability, or inconvenience caused by the double booking.
Payment Methods: Bitterroot Cabins, LLC accepts cash, cashier’s checks, Visa, MasterCard, American Express, Discover Card, and personal checks.
Reservation Deposits: A 50% deposit of all rent, tax, and fees is required to book a reservation. The remaining balance is due 30 days prior to the arrival date. If the Guest fails to pay the balance due at least 30 days prior to the arrival date the Guest’s reservation may be cancelled and all booking fees may be forfeited pursuant to Cancellations section (a). For reservations made within 30 days of check-in, 100% of all fees are due at the time of the reservation. Reservations made under false pretenses will result in forfeiture of advance payments and fees and the party will not be permitted to check-in.
Returned Checks: Checks returned for any non-payment will incur a charge of $35.00.
State and Local Taxes: Reservations are subject to a 7% State of Montana Lodging Facility Use Tax.
Check-In Procedure: Guests will check-in at their rental property. Guests need to coordinate with Bitterroot Cabins, LLC the day prior to arrival to arrange to meet at the property or to make arrangements for a key to be left at the property for the Guest.
Check-In/Check-Out Times: Check-in time is 4:00 p.m. Early check-in may be available with prior approval. Check-out time is 10:00 a.m. Late check-out is generally not available to Guests.
Items Left Behind: Bitterroot Cabins, LLC shall not be responsible for personal items left at the rental property by Guests. Any personal items left behind by Guests will be returned to the Bitterroot Cabins, LLC office and can be picked up or shipped C.O.D. to Guests upon request.
Occupancy: Maximum occupancy levels have been established for each rental property and are stated in the property detail section of the Bitterroot Cabins, LLC website. Under certain circumstances Bitterroot Cabins, LLC may allow Guests to exceed maximum occupancy levels for an additional fee; however, Guests shall not exceed the stated maximum occupancy of any rental property without the prior written consent of Bitterroot Cabins, LLC. The Guest making the reservation shall list all persons who will occupy the rental property during the dates the Guest has reserved the rental property. Bitterroot Cabins, LLC reserves the right to terminate this Property Rental Agreement and evict any Guest when the maximum occupancy of the rental property has been exceeded without the prior written consent of Bitterroot Cabins, LLC.
Occupants: The Guest establishing the reservation must be at least 21 years old.
Firearms/Fireworks: The use of firearms and fireworks in and around any rental property is strictly prohibited.
Pets: Certain rental properties do permit dogs. Information regarding pets is contained in each property profile on the Bitterroot Cabins, LLC website or can be obtained by calling Bitterroot Cabins, LLC. Pet approval is on a case by case basis and if approved a $50 pet fee will be added to the reservation. Guests bringing pets are financially responsible for damage caused by and extra cleaning resulting from the presence of pets. Guests bringing pets to a property that does not allow pets may be charged an additional fee of $250.
Smoking: Smoking is prohibited inside any rental property. Outside smoking is permitted, but Guests shall refrain from littering. Additionally, Guests must recognize the extreme danger of fire and properly extinguish all cigarettes, cigars, and pipes. Bitterroot Cabins, LLC reserves the right to terminate this Property Rental Agreement and evict Guests found smoking inside any rental property and charge an additional fee of $250.
Check-Out Procedures: All keys that have been issued to Guests are to be placed in the locked rental unit upon checkout. Prior to vacating the rental property Guests shall close and latch all windows, extinguish all fires, turn off all lights, and lock doors. Further checkout instructions may be provided in property books provided at the Property.
Bed and Bath Linens: Bed and bath linens are provided at all rental properties and are not cleaned or changed during Guest occupancy by Bitterroot Cabins, LLC, unless arranged for separately (additional fee may apply).
Condition of Property: Guests shall leave the rental property in substantially the same condition it was in at the time of check-in. Guests are responsible for any damage, abuse, excessive cleanup required, or loss to the rental property or its contents caused by a Guest or any member of the Guest’s party during the Guest’s occupancy. Bitterroot Cabins, LLC shall perform a walk-through of the rental property after check-out to ensure the property has been left in good condition. Following the post check-out walk-through, Bitterroot Cabins, LLC will determine any additional charges incurred by the Guests and will notify the Guests of any charges for damages to the rental property within 10 days. Bitterroot Cabins, LLC shall first charge the Guest’s credit card for any damages. If the amount of damage exceeds the limit of the Guest’s credit card, Bitterroot Cabins, LLC will contact the Guest for an alternate source of payment. Guests agree to pay for any such additional costs.
Housekeeping and Cleaning Services: During Guest occupancy housekeeping and other cleaning services are generally not provided. Housekeeping and other cleaning services are available during Guest occupancy for an additional fee. Guests requesting housekeeping and cleaning services must call Bitterroot Cabins, LLC (406-363-2258) prior to check-in to arrange for any such services. If not arranged in advance, Guests may inquire regarding the availability of housekeeping and cleaning services during their stay by calling Bitterroot Cabins, LLC. Bitterroot Cabins, LLC shall use its best efforts to accommodate Guest housekeeping and cleaning requests made during the Guest’s occupancy, but cannot guarantee availability of such services unless arranged in advance of the Guest’s check-in date.
Firewood: Rental properties with wood fireplaces are provided with firewood.
Homes, Furnishings, and Equipment: All rental properties in the Bitterroot Cabins, LLC rental pool are privately owned properties that are furnished and equipped by their owners. As such, the properties, including their furnishings and equipment, may change from time to time without notice. Moving furniture within a rental property or to or from another location is prohibited.
Hot Tubs: Hot tubs are serviced prior to Guest’s arrival. Guests are solely responsible for use and operation of hot tubs during occupancy. Guest acknowledges that use of the hot tub during occupancy is at their own risk and pursuant to the Indemnification language in Section 4 of this Agreement.
Kitchen: Each rental is provided with basic kitchen essentials: pots, pans, dishes, glasses, tableware, utensils, coffee maker, toaster, refrigerator, oven, stove top, microwave, and cleaning supplies. Table settings are provided for the occupancy allowed at the rental property.
Keys: Two sets of keys are provided for each rental property. Guests are responsible for the keys and any costs to re-key the property in the event any key is lost.
Locked Closets: Certain areas within a rental property may be locked containing contents of the property owner. These areas are excluded from the rental area of the property. Guests are prohibited from accessing locked areas, or using any property contained within locked areas of the rental property.
Maintenance: Equipment in each rental property should be in working order. Guests shall report any inoperative equipment to Bitterroot Cabins, LLC. Every reasonable effort will be made to promptly repair any defective equipment. No refunds will be made for inoperative air conditioners or appliances, mechanical failure, or delays in utilities. Guests understand and agree that Bitterroot Cabins, LLC or other service providers may enter the rental property at reasonable times for the purpose of making needed repairs. Refunds or rate adjustments are not made for any inconvenience due to construction, road repair, or other maintenance.
Paper Products: Rental properties are provided with paper towels, tissues, toilet paper, and trash bags.
Phone Calls: Most rental properties have telephones. Guests agree to make all toll calls using a calling card. If Guests place long distance or other toll calls using the rental property telephone, the Guests are financially responsible for the charges.
Satellite/Cable Television: Rental properties are privately owned and have different subscription packages for cable or satellite television or no cable or satellite package at all. Bitterroot Cabins, LLC does not guarantee that any program or event will be available. Guests are financially responsible for any pay-per-view or other programming charges incurred.
Acts of God: Bitterroot Cabins, LLC and rental property owners shall not be held liable for events beyond their control which may interfere with Guest occupancy, including, but not limited to acts of God, acts of governmental agencies, fire, wildfire, strikes, war, inclement weather, or without limiting the forgoing, by any other cause not within the control of Bitterroot Cabins, LLC and rental property owners, whether of the class of causes listed in this Subsection or not. Refunds will not be offered in these circumstances.
Agency Disclosure: Bitterroot Cabins, LLC acts as an agent representative for owners of rental properties and at all times acts in the best interests of the owners.
Construction Noise: Bitterroot Cabins, LLC cannot predict construction plans in the area and therefore shall not be responsible for any construction that may be occurring near our rental properties and offers no refunds or transfers for these circumstances.
Credit Cards: Guests acknowledge that they are providing their credit card information as a guarantee and agree to pay all rent, long distance phone charges, damage beyond normal wear and tear, and all fees stated in the rental agreement. If Guests fail to fulfill their financial obligations under the terms of this agreement, Bitterroot Cabins, LLC shall charge Guests’ credit cards to satisfy these obligations.
Termination and Eviction: A material breach of this Property Rental Agreement by any Guest or any member of a Guest’s party, which, in the sole opinion of Bitterroot Cabins, LLC, could result in damage to the rental property or its contents, personal injury to guests or others, a breach of the peace, a nuisance to others, or a violation of criminal law or local code, shall result in the termination of this Property Rental Agreement and eviction of the Guest and all members of the Guest’s party, pursuant to Montana law. Evicted Guests forfeit all rents and fees paid.
Indemnification: Guests agree to indemnify and hold harmless Bitterroot Cabins, LLC and rental property owners for any liabilities, theft, damage, cost, or expense arising from or related to any claim or litigation in connection with Guests’ 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 any Guest; provided, however, the foregoing indemnification provision shall not exculpate or limit the liability of Bitterroot Cabins, LLC for Guest damages resulting from any purposeful misconduct or purposeful negligence on the part of Bitterroot Cabins, LLC.
Right of Entry: Bitterroot Cabins, LLC reserves the right to enter the rental property during Guest occupancy for any lawful purpose. Bitterroot Cabins, LLC shall use its best efforts to provide Guests with 24 hours’ notice of Bitterroot Cabins, LLC’s, or its agent’s, intent to enter the rental property occupied by Guests, and shall further attempt to schedule such entry so as to minimize intrusion on Guest occupancy. However, Bitterroot Cabins, LLC shall have the right to enter the rental property at any time in the case of emergency or if it is otherwise impracticable to provide Guests with advance notice of entry.
Right to Refuse Service: Bitterroot Cabins, LLC reserves the right to refuse service to anyone for any lawful reason.
Termination By Owner/Substitution: Bitterroot Cabins, LLC strives to comply with all reservation requests for specific vacation properties. However, due to ownership changes, properties being removed from the rental pool, mechanical problems, or other unforeseen circumstances, Bitterroot Cabins, LLC, does not guarantee a specific rental property. Bitterroot Cabins, LLC reserves the right to change the rental property reserved without notice or liability should the rental property become unavailable. When comparable accommodations are not available, Guests will have the option of selecting from available properties at the published rate or receiving a complete refund of their reservation deposit and any reservation fees incurred.
Units For Sale: Guests acknowledge that rental properties may be for sale. Bitterroot Cabins, LLC reserves the right to show any rental property to potential buyers during the Guests’ occupancy, upon 24 hours’ notice to the Guests. Every reasonable effort shall be made to schedule showings so as not to disrupt Guests’ occupancy. Guests further acknowledge that a rental property may be sold or transferred prior to the Guests’ reserved occupancy period. In this event, Guests will be entitled solely to the remedies set forth in the Termination By Owner/Substitution Subsection above.
Section Headings: Section headings are used for convenience of reference only and shall not be considered a substantive part of this Property Rental Agreement.
Counterparts: This Property Rental Agreement may be executed in any number of counterparts all of which together shall be considered an original.
Non-Waiver: No waiver of any breach of any obligation or promise contained in this Property Rental Agreement shall be regarded as a waiver of any future breach of the same or any other obligation or promise.
Severability: If any term or provision of this Property Rental Agreement or the application thereof to any person or circumstance shall to any extent be invalid or unenforceable, the remainder of this Property Rental Agreement shall be valid and enforceable to the fullest extent permitted by law.
Attorneys’ Fees: In the event suit is brought to enforce any of the provisions of this Property Rental Agreement, the prevailing party shall be entitled to the costs of the suit, including reasonable attorney’s fees.
Binding Effect: Except as otherwise provided in this Property Rental Agreement, this agreement shall bind, inure to the benefit of, and be enforceable by the parties and their respective heirs, devisees, and personal representatives. Bitterroot Cabins, LLC’s written consent shall be obtained prior to any assignment or transfer of rights or duties under this Property Rental Agreement by Guests.
Arbitration: Any controversy arising out of or relating to this Agreement, shall be settled or made by binding arbitration in Hamilton or Missoula, Montana, pursuant to the Montana Uniform Arbitration Act or other applicable Montana law and, where not inconsistent, in accordance with the Commercial Arbitration Rules of the American Arbitration Association now or hereafter in effect. The Guest and Bitterroot Cabins, LLC shall unanimously select the arbitrator. In the event the Guest and Bitterroot Cabins, LLC are unable to unanimously select an arbitrator within ten days of meeting to appoint an arbitrator, the arbitrator shall be selected by the American Arbitration Association. The Guest and Bitterroot Cabins, LLC shall confer with the arbitrator and together shall decide upon a time and place for an arbitration hearing. The arbitrator’s fees and all arbitration costs shall be paid by both the Guest and Bitterroot Cabins, LLC, unless the arbitrator determines that one party has asserted an unreasonable business position during the arbitration, in which event the arbitrator’s fees and all arbitration costs shall be paid by the party who has asserted the unreasonable business position.
Governing Law: Montana law shall govern the interpretation of this Property Rental Agreement.