Terms & Conditions

 These Terms and Conditions, along with the confirmation email We send You after You make Your reservation (“Confirmation Email”), form a binding contract between You and Us, effective as of 24 hours after We send the Confirmation Email to You (“Agreement Date”).

In these Terms and Conditions, “Agreement” means these Terms and Conditions and the Confirmation Email collectively. “You” and “Your” means the person or persons making the reservation and those who will be staying at the Property as guests. “We,” “Our,” “Ours,” and “Us” means Ross Creek Cabins located at 2640 Rector Rd, Belgrade, MT 59714.

We manage the rental property located at the address identified in the Confirmation Email (“Property”). With this Agreement, You and We (collectively, “Parties”) wish to agree on the terms of Your renting the Property on a short-term basis for vacation purposes. Therefore, the Parties agree as follows:

1. Rejection of Agreement.

By making a reservation and payment on Our website, travel agent (airbnb, home away etc.) or any other means, You are agreeing to accept or reject this Agreement within 24 hours of Our sending You the Confirmation Email. To reject this Agreement, You must respond to the Confirmation Email at rosscreekcabins@gmail.com and notify Us that You wish to reject this Agreement. If You do not reject this Agreement within 24 hours of Our sending the Confirmation Email, You will automatically be deemed to have accepted this Agreement.

2. Reservation.

Subject to the terms and conditions of this Agreement, You will rent the Property solely for short-term vacation purposes between the “Check-In Date” and “Check-Out Date” identified in the Confirmation Email. Your lease of the Property will start at 3:00 p.m. on the Check-In Date, and will end at 11:00 a.m. on the Check-Out Date. You may not check in early or check out late without Our prior agreement.

3. Rent and Other Charges.

You will pay Us the full amount of rent, taxes and other fees stated in the Confirmation Email (collectively, “Total Charges”). Rent may be combined with other Fees and will be stated in the Confirmation Email.

(a) Payment Deadlines. If Your Agreement Date is less than 30 days before check-in, You authorize Us to charge 100% of the Total Charges to Your credit card when You make the reservation. If Your Agreement Date is 30 days or more before Your check-in date, You authorize Us to charge 50% of the Total Charges to Your credit card when You make the reservation, and charge the remaining 50% to Your credit card days before Your Check-In Date (“Second-Payment Date”).

(b) If You have rented All 5 Cabins: If Your Agreement Date is less than 60 days before check-in, You authorize Us to charge 100% of the Total Charges to Your credit card when You make the reservation. If Your Agreement Date is 60 days or more before Your check-in date, You authorize Us to charge 50% of the Total Charges to Your credit card when You make the reservation, and charge the remaining 50% to Your credit card 90 days before Your Check-In Date (“Second-Payment Date”).

(c) Authorization. You authorize Us to charge Your credit card on file without any further notice to You on the Second-Payment Date. If 100% of the Total Charges aren’t paid to Us by the Second-Payment Date, We may cancel Your reservation at any time.

(d) Security Deposit and Additional Charges.

(1)You also authorize us to authorize a “Security deposit” on your card one day prior to arrival. The authorization will be returned within 3 days of check-out provided there is no damage. To the fullest extent permitted by applicable law, We may deduct from the Security Deposit any costs for damages, extra cleaning, or repair of the Property, furniture, and other items in the Property which You cause or permit to occur, plus any sales tax, general excise tax, transient accommodations tax, and any other applicable taxes.

(2) If the Security Deposit is not sufficient to cover any costs or damages caused by You or for which You are responsible under this Agreement, You will be responsible for paying Us the difference promptly upon Our request.

4. Cancellations.

(a) For cancellations made more than 30 days before check in, We will refund You the Total Charge. Cancellations made less than 14 days before checkin will receive a 50% refund. If You cancel Your reservation after the Cancellation Deadline, including check in to check out period of your reservation for any reason, We will have no obligation to refund You any amounts You paid, except for the Security Deposit, unless otherwise required by applicable law. You acknowledge and agree that travel insurance is available for You to purchase from various third parties which may avoid or mitigate the risk of Your losing amounts You have paid under this Agreement if You cancel Your reservation.

(b) To the fullest extent permitted by applicable law: (1) We may cancel Your reservation at any time for any reason, in Our sole and absolute discretion, and if We do so, We will refund You the Total Charges, (2) We may move up Your Check-Out Date for any reason in Our sole and absolute discretion, in which case We will refund You a proportionate percentage of the Total Charges, including the Nonrefundable Reservation Fees; and (3) We will not be liable to You for any damages if We cancel Your reservation or move up Your Check-Out Date.

5. Holdover.

If You fail to check out and give Us possession of the Property on time on the Check-Out Date, We may charge You daily rent for the time You holdover at a rate equal to the lesser of: (a) $50/hour past the checkout (11am unless a later time has been agreed to) or (b) the maximum rate permitted by applicable law.

6. No Assignment or Subleases.

You may not assign any part of this Agreement, sublease any portion of the Property, or grant any license or right to use any part of the Property. Any attempted assignment, sublease, or grant without Our written consent will be void.

7. Guest Rules.

(a) If the Property is equipped with a television, video player, or related or similar electronics, replacement or repair is not guaranteed and no refunds will be given for malfunctions of such equipment.

(b) If the property is equipped with a dishwasher, washing machine, dryer or any other large appliance, replacement or repair is not guaranteed and no refunds will be given for malfunctions of such equipment/and or is at the discretion of the home owner.

(c) You will not give access to or permit any guests or occupants in the Property other than the individual or individuals specifically identified as You in this Agreement.

(d) You assume responsibility for any damages to or theft from the Property, including towels and linens.

(e) You may not place wood, paper, or any other combustible materials in any gas fireplace.

(f) You may not make any alterations to the Property or its improvements, furniture, equipment, or other furnishings.

(g) Smoking is strictly prohibited inside the cabins. This includes vaping tobacco or marijuana products and smoking marijuana. Violations will result in an automatic $250 fine plus the cost of carpet/upholstery cleaning, and any other damages as a result.

(h) You are responsible for Your own vehicle, including (but not limited to) damage or additional wear and tear resulting from coastal driving (if applicable) and related hazards thereto, and towing or other charges. We do not provide towing or roadside assistance reimbursement, regardless of type of the vehicle or road or weather conditions. The host does not accept liability for any inconveniences, delays or your inability to booking in a Unit arising from any temporary or permanent defects or stoppage in supply of water, gas, electricity or plumbing, damage caused by weather, road closures or conditions, construction, natural disasters, disruption or cancellation of your travel, events, conferences or reason for your booking, government orders, pandemics, viruses, illnesses, infestations, water conditions, closings, pollution, acts of God or other reasons beyond our control. No refunds will be given for any delays or cancellations due to such conditions. Accordingly, travel insurance with “cancel for any reason” terms is highly recommended for all bookings and may be purchased online or with an agent.

(i) Quiet time is from 10:00 p.m. to 9:00 a.m.

(j) You must maintain the Property in as good a condition as You received it, including but not limited to:

(1) keeping the Property safe and clean;

(2) not causing or permitting any unsafe or unsanitary conditions in the area surrounding the Property;

(3) disposing of all ashes, rubbish, garbage, and other waste in the provided trash receptacles;

(4) properly securing lids on trash receptacles at all times;

(5) not leaving trash on porches, decks, or any other exterior location;

(6) not destroying, defacing, damaging, or removing any part of the Property or rendering inoperable any smoke detector.

(k) We do not guarantee Wi-Fi uptime, speeds or reliability for work or other purposes. No refund will be given due to power outage, fuel, water, gas, steam, refrigerant, sewerage, telephone or internet services due to external factors.

(l) No refunds for issues reported after check-out. Property issues must be reported to the host within 24 hours of check-in including pictures validating said claim.

(m) You must promptly notify Us of the need for replacement of or repairs to any stove, fireplace, hot tub, smoke detector, or other appliance or fixture at Property, and any other problems with or at the Property.

(n) All non-transient vacation uses (including but not limited to parties, weddings, receptions, and similar events and activities) are strictly prohibited. You may not use the Property or permit the Property to be used in any way that interferes with any other guest’s, tenant’s, or owner’s use and enjoyment of property near to the Property. If an event is held without Our permission in violation of this rule, You and Your Guests will be asked to leave the property and no refund will be given for unused nights.

(o) You will comply with all, and will not violate any, federal, state, and local laws and regulations applicable to the Property.

(p) You are responsible for all items You bring into the property. We can check for Your lost or forgotten items in the property at Our earliest convenience, but cannot guarantee lost or forgotten items will be found and returned to You. We are not responsible for Your lost or forgotten items.

8. Default.

You must (and must cause all other guests and occupants of the Property to) abide by Your obligations under this Agreement. If You do not perform any one or more of Your obligations under this Agreement, We may (to the fullest extent permitted by law) evict You before the Check-Out Date and retain all payments made by You (except to the extent We may be required to refund some or all of the Security Deposit to You). We reserve all other rights and remedies otherwise available to Us under at law or in equity.

9. Indemnification.

You will indemnify, defend, and hold harmless Us and the owner of the Property from and against all demands, causes of action, claims, losses, liabilities, expenses (including reasonable attorneys’ fees and costs), and damages to persons or property based on, arising out of, caused by, connected to, or related to Your (or any of Your guests’) negligence, willful misconduct, or breach of this Agreement (including but not limited to the Guest Rules). This obligation will survive termination of this Agreement.

10. Miscellaneous.

(a) Joint and Several Liability. Each person renting or occupying the Property is jointly and severally liable under this Agreement, and We may proceed against any one or more of You without first proceeding against any other.

(b) Integration of Entire Agreement. This Agreement is the final, entire agreement among the Parties pertaining to the subject matter of this Agreement, and supersedes all previous agreements and understandings pertaining to this Agreement or its subject matter.

(c) No Waiver; Amendments. A failure by Us to require strict performance of any provision of this Agreement, or to exercise any right or remedy arising because of a breach, is not a waiver of that breach or any other covenant, duty, agreement, or condition. Any extension or waiver by Us of any provision in this Agreement will be valid only if set forth in writing signed by Us. This Agreement may not be amended or modified except by a written instrument executed by all of the Parties.

(d) Interpretation. No provision of this Agreement may be interpreted for or against any Party on the basis that it drafted such provision, and no presumption or burden of proof may arise disfavoring or favoring any Party because of the authorship of any of the provisions of this Agreement.

(e) Severability. If any provision of this Agreement is determined to be invalid, illegal, or unenforceable in any respect for any reason, the validity, legality, and enforceability of that provision in every other respect and the remaining provisions of this Agreement will not, at the election of the Party for whose benefit the provision exists, be in any way affected or impaired.

(f) Applicable Law. This Agreement will be governed by the laws of the State in which the Property is located without regard to the choice of law or principles of conflict of law.

(g) Disputes.

(1) Mediation. If a dispute arises out of or relates to this Agreement, or a breach of this Agreement, which the Parties cannot settle through negotiation (“Dispute”), the Parties will first try in good faith to settle the dispute through mediation before resorting to arbitration, litigation, or some other dispute-resolution procedure. Mediation will take place in the State in which the Property is located.

(2) Arbitration. Any Dispute which the Parties cannot resolve through mediation will be settled by arbitration.. The arbitrator selected by You and the arbitrator selected by Us will, within 10 days of their appointment, select a third neutral arbitrator. Before commencement of hearings, each of the arbitrators appointed will provide an oath or undertaking of impartiality. Arbitration will take place in the State in which the Property is located. Judgment on the award rendered by the arbitrators may be entered in any court having jurisdiction. References in this Agreement to the possibility of resolving a Dispute with an action or proceeding other than arbitration (for example, in Section 11(h) Jurisdiction) are merely meant to express the Parties’ intent to be as inclusive as possible, are not intended to permit resolution of a Dispute other than by arbitration.