TERMS AND CONDITIONS

The Modern Buffalo

Agreement

The Owners and Tenants agree as follows: Tenant is over the age of 25 and will be an occupant of the home during the entire reserved period. Other occupants will be family members, friends, or responsible children. No key codes will be issued to anyone other than the tenants listed on the rental agreement. The maximum number of guests is limited to 11 persons. This property requires a (3) night minimum stay and longer stays may be required during holiday periods. Rates are subject to change without notice.

Cancellation

Guest’s who cancel a reservation can get a full refund only if they cancel their reservation within 24 hours of booking and at least 60 days before their check-in date. If a guest cancels between 60 and 30 days a 50% will be refunded. If a guest cancels with fewer than 30 days remaining on the reservation 100% is non-refundable.

Pets

No pets allowed. A $500 fee will be assessed if tenants have pets in home.

Hot Tub

No drinks in hot tub. If The chemicals are disturb there will be a $250 fee.

Smoking

Smoking in the condo is strictly prohibited and will result in a $500 fee plus damages.

Deposits/Payments

An advance payment equal to 50% of the rental rate is due at the time of reservation. The advance payment will be applied toward the room rent. The BALANCE OF RENT is due thirty (30) days before your arrival date. If initial reservation is less than (30) days, full amount is due upon reservation. Payment can be made by Credit Card in U.S. funds, bank money order or cashiers check payable to Lahaina Plantation Hale LLC. A $35 fee applies to all returned checks. Property Damage Protection Insurance: Renter will be charged for insurance through InsuraGuest. Insurance will cover Accidental In-Room Damages, Personal Property Theft, Accidental Medical Expenses and Accidental Death and Dismemberment. The cost of insurance is $11.95 per night and is charged at time of booking.

Property Damage Protection Insurance

Renter will be charged for insurance through InsuraGuest. Insurance will cover Accidental In-Room Damages, Personal Property Theft, Accidental Medical Expenses and Accidental Death and Dismemberment. The cost of insurance is $11.95 per night and is charged at time of booking. InsuraGuest does not cover intentional damage, theft, unauthorized entry into the owner’s supply closet, unauthorized pets, extensive cleaning required at check-out, smoking, exceeding occupancy limits or parking limits, and any other charges/polices in Lahaina Plantation Hale, LLC’s Rental Policies and Rental Agreement including any fines imposed on Lahaina Plantation Hale, LLC or Property Owner by the City, County, or State of Montana as the result of violation of any law, ordinance, rule or regulation or any fines or costs levied against Guest or visitors of Guest (Excess Damage Costs). Guest will be notified of any Excess Damage Costs in writing. Any Excess Damage Costs will also be charged immediately to the Guest’s credit card. Guest assumes full responsibility for any items found to be missing and any damage due to misuse, negligence or action on Guest’s or Guest’s visitors’ part, except in the case of normal wear-and-tear reported to Lahaina Plantation Hale, LLC within 48 hours of Check-in. I hereby authorize my credit card to be charged for intentional damage and for any excessive damage, theft, occupancy after departure date or departure time, unauthorized pets, excessive cleaning required at check-out, smoking, exceeding occupancy or parking limits, and any other mentioned charges/policies in the Rental Agreement including any fines imposed on Manager by City, County or State as the result of violation of any law, rules or regulations or any fines or costs levied by any Home Owner for violations of any Covenants or Restrictions by Guest or visitors of Guest (“Excess Damage Costs”). I/we have read and agree to the InsuraGuest section of this Agreement. If the credit card listed in the above “Damage Protection Fee” does not provide sufficient funds for “Excess Damage Costs,” as defined in the above “Damage Protection Fee Waiver Clause,” I do hereby personally guarantee payment for such damage. And furthermore, I as the guarantor do hereby authorize and empower any attorney of any court of record of the state of Montana or elsewhere to appear for and to enter judgment against us, or any of us, in favor of Lahaina Plantation Hale, LLC for any sums due under the above “Damage Fee Waiver Clause” plus interest with costs of suit, release of errors, without stay of execution, and with thirty-three and one-third percent (33 1/3%) as a reasonable attorney’s fee, and the Guarantors hereby waive and release all benefit and relief from any and all appraisement, stay or exemption laws of any state now in force or hereafter to be passed.

Storage of Food Items

Guests to maintain a clean environment in the home by not leaving food items out with containers open. Food items should be kept in the refrigerator to prevent attraction to pests. Food spills, crumbs, etc. should be cleaned promptly.

Check-In/Check-Out

Check in is at 4:00 pm MST. Check out time is 10:00 am MST. If you check out later than 10:00 am, you will be charged for an additional night’s stay. Early check-in and late check-outs may be purchased upon last-minute availability for an additional fee. Please contact us for details.

Lost and Found Items

Guest will be charged shipping and handling charges to return items left behind.

Parking

There are 2 free spaces designated in the back of the building and additional street parking, Parking for registered guests at The Modern Buffalo.

Cleaning

The home will be cleaned upon arrival and at the completion of your stay. Bed linens and towels are provided. There is no daily housekeeping however mid-week cleaning may be available upon request for a fee, subject and limited to availability. A supply of toilet tissue, tissue, paper towels, laundry soap, dish soap, shampoo, conditioner, body wash and garbage liners will be provided. This is a privately managed home.

Guests Liability

Guest agrees to accept liability for any damages caused to the property by Tenant or Tenant guests, including but not limited to, landscaping, misuse of appliances, and/or equipment furnished. If damages are in excess of the damage waiver, Tenant agrees to reimburse owners for costs incurred to repair/replace damaged items. Please do not remove any furnishings, equipment or items from the unit, including any linen, dishes or other items from the unit. Locked areas such as owner’s personal storage are exempt from this agreement and are off limits to guest. Guest understands that the home is a privately-owned dwelling with the owner’s furnishings and that neither Lahaina Plantation Hale LLC nor the owner shall be responsible for providing any additional furnishings or equipment. Guest will be solely liable for any additional costs, charges or expenses resulting from any damage, lost or stolen items or excessive check-out cleaning.

Illegal and/or Disruptive Activity

Lahaina Plantation Hale, LLC reserves the right to remove any individual from the premises for any illegal or disruptive behavior on the premises. Lahaina Plantation Hale, LLC reserves sole discretion in determining if a guest should be removed from the premises for illegal and/or disruptive behavior. No arrest or conviction is necessary for Lahaina Plantation Hale, LLC to remove an individual from the property. If an individual is removed from the property for such activity, no refund will be issued for moneys paid to Lahaina Plantation Hale, LLC.

Hold Harmless

All homes are privately owned. Owners do not assume any liability for any loss, damage, or injury to persons or their personal property. Neither do we accept liability for any inconvenience arising from any temporary defects or stoppage in supply of water, gas, electricity, internet or plumbing. Nor will owners accept liability for any loss or damage caused by weather conditions, natural disasters, or other reasons beyond its control. Owner will use its best efforts to ensure that all equipment within the unit is in good working order, although neither Manager nor Owner guarantees that any equipment will not break down during your stay. In the event of a breakdown, Manager will use commercially reasonable efforts to remedy the situation as soon as possible after notification of the breakdown. Additionally, such a breakdown does not constitute a breach of this Agreement or give Guest any right to any refund or rental adjustments for any such mechanical failure.

Additional Terms and Conditions

The undersigned guest, for himself/herself, his/her heirs, assignors, executors, and administrators, fully releases and discharges actual Owners from any and all claims, demands, and causes of action by reason of injury or whatever nature which has or have occurred, or may occur to the undersigned, or any of his/her guests as a result of, or in connection with the occupancy of the premises and agrees to hold actual Owners free and harmless of any claim or suit arising there from. In any action concerning the rights, duties or liabilities of the parties to this agreement, their Principals, agents, successors or assignees the prevailing party shall be entitled to recover reasonable attorney fees and costs.

Hot Tub

Max occupancy is 6. Do not have more than the max occupancy at one time. DO NOT drink alcohol, eat food or pour any liquids of any kind into the spa. This will ruin the chemicals in the hot tub. Renters will be charged a fee of $250.00 if the spa chemicals have been altered in any way and a technician has to be called out to service the unit.

Natural Disaster Policy

Owner does not offer refunds or reschedule bookings due to hurricane activity. If you are concerned about the possible interruption, cancelation or delayed travel due to tropical occurrences, you are strongly encouraged to purchase travel insurance at the time of booking. Travel insurance offers a comprehensive cancelation and interruptions policy, which can protect you not only in the event of weather related storms, but for sudden emergencies as well. We strongly recommend you obtain travel insurance. Lahaina Plantation Hale is not liable for events that may interfere with your scheduled occupancy, including but not limited to natural disasters, acts of government agencies, fire, strikes of terrorism and war.

Quiet Hours

Quiet hours from 9:00 p.m. to 8:00 a.m., during which time the noise from the short-term rental home shall not unreasonably disturb adjacent neighbors. Sound that is audible beyond the property boundaries during non-quiet hours shall not be more excessive than would be otherwise associated with a residential area. Amplified sound that is audible beyond the property boundaries of the short-term rental home is prohibited.

No Parties

No parties or group gatherings other than registered guests shall occur.

Force Majeure

There may be circumstances beyond our control in which the property might not be available for your reservation. Examples of these, but are not limited to, destruction of property, sale of property, water, gas or sewer leaks, fire or any other damage to the property making it inhabitable or potentially inhabitable. In the event of Force Majeure, Lahaina Plantation Hale, LLC will do their best to make alternative arrangements, although alternative accommodations are not in any way guaranteed. Guest also agrees to relocate back to the original property when it is deemed available by Lahaina Plantation Hale, LLC. This will be the full extent of our liability to the guest, and we will not be responsible for any other costs connected with any such cancellation howsoever arising.

Liability Insurance

“InsuraGuest Hospitality Liability Coverage: coverage that protects you during your stay if an accident happens. By accepting this reservation, you are accepting this mandatory fee for your protection.”

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