Terms and conditions

Welcome to Swell Property Management!

Upon submitting payments to Swell Property Management for the rental of vacation properties, guests confirm their agreement to abide by our comprehensive vacation rental agreement. We maintain strict adherence to all policies outlined therein. It is imperative that all guests and their accompanying party members thoroughly acquaint themselves with these rental policies for a seamless experience. Additionally, should there be any queries or clarifications needed regarding the terms, guests are encouraged to reach out to our team for assistance.

1. Guest Authorized Use and Obligations:

Guest agrees to utilize the Property solely as a personal vacation residence and shall comply with all applicable laws, regulations, and homeowner association rules governing the use of the Property. Additionally, Guest shall ensure that all occupants, including Guest Designees and invitees, adhere to the terms and conditions outlined in this Agreement.

Guest acknowledges and agrees to maintain the Property in a clean and orderly condition throughout the rental period, exercising reasonable care to prevent damage and ensure lawful use. This obligation extends to leaving the Property in a similar condition to its initial state, accounting for ordinary wear and tear.

Furthermore, Guest is responsible for ensuring the security of the Property duing their occupancy, including, but not limited to, securing windows and doors. Guest shall bear any losses incurred due to negligence in adequately securing the Property.

2. Damage Liability:

Guest acknowledges and accepts liability for any damages to the Property occurring during the rental period. This liability extends to damages caused by Guest, Guest Designees, or invitees. Guest shall be responsible for reimbursing Swell Property Management for all costs associated with repairing or replacing damaged items, subject to the limitations of any Safely Protection coverage applicable to the reservation.

3. Payment Terms:

Guest shall remit a Down Payment equivalent to fifty percent (50%) of the total rental fee specified in the invoice to secure the reservation. The remaining balance, hereafter referred to as the "Balance of Rent," shall be due no later than sixty (60) days before the designated arrival date. This payment will be collected using the credit card on file that was used for the initial payment. If property is reserved less than (thirty) 30 days prior to arrival, 100% of the total payment is due at the time of booking.

4. Check-in/Check-out Times:

Standard check-in time is set at 3 p.m. on the day of arrival, while check-out time is scheduled for 11 a.m. on the departure date, unless otherwise specified. Guest shall adhere to these designated times to facilitate efficient turnover between reservations. Any requests for early check-in or late check-out must be arranged and approved in advance, with additional charges potentially applicable.

5. Cancellation Policy:

To initiate a cancellation, please contact us at least thirty (30) calendar days before your scheduled check-in date. Upon receipt of such notice, your advance payment will be refunded to your credit card, minus the payment processing fees. However, should the cancellation notice be received after 11:59pm MST on the twenty-ninth (29th) day preceding your check-in date, the full amount due will be forfeited.

6. Poor Weather/Property Conditions:

Guest acknowledges and accepts that Swell Property Management shall not be liable for disruptions or inconveniences caused by inclement weather or unforeseen property conditions. Swell Property Management shall make reasonable efforts to address maintenance issues promptly and ensure the Property is maintained in a safe and habitable condition.

7. Property Inspection:

Swell Property Management reserves the right to enter the Property at any time, with or without prior notice, for purposes including but not limited to maintenance, compliance verification, or emergency response.

8. Hot Tub Usage:

No children under the age of 12 are permitted in hot tubs without adult supervision at all times. By utilizing the hot tub, Guest and/or Guest Designee acknowledges and accepts the inherent health risks associated with its use. The use of the hot tub is solely at the individual's sole risk.

Swell Property Management does not provide any warranties or assurances regarding the condition or usage of the hot tub. Guests understand and acknowledge the potential dangers associated with the hot tub and its surrounding area.

A professional maintains the hot tub by refilling, sanitizing filters, and replenishing chemicals before each guest arrival. Consequently, the water may not reach optimal temperature until later on the first evening of the stay. In the event of excessive dirtiness requiring additional servicing during the stay, a fee of $50 will be charged to the credit card on file or deducted from the deposit.

Guests are reminded to adhere to chemical usage instructions provided and refrain from standing or placing weight on hot tub covers, as they are not designed for support and may break. Covering the hot tub when not in use is advised to maintain temperature. Should the hot tub appear cloudy, dirty, or emit an unpleasant odor, Guests must discontinue use and promptly inform Swell Property Management. If the hot tub experiences unexpected maintenance issues during the majority of the Guest's stay, not caused by the Guest or their invitees, the hot tub fee included in the reservation will be refunded upon confirmation by the hot tub service company.

9. Additional Obligations:

Guest agrees to abide by occupancy limits, property rules, and software usage terms as specified by Swell Property Management. Smoking and the presence of pets are strictly prohibited on the Property unless explicitly permitted by Swell Property Management in writing.

10. Housekeeping:

While linens and bath towels are provided for Guest's use, daily housekeeping services are not included in the rental rate. Guest shall be responsible for maintaining cleanliness during their stay.

11. ATTORNEY’S FEES

If Management employs an attorney to enforce the terms and conditions of this Agreement, Guest shall be responsible for all costs and reasonable attorney’s fees incurred by Swell Property Management. Both Management and Guest waive the right to demand a jury trial concerning any litigation between Agent and Tenant.

12. Miscellaneous:

This Agreement constitutes the entire agreement between the Parties concerning the subject matter herein and supersedes any prior agreements or understandings, whether written or oral. Any amendments or modifications to this Agreement must be made in writing and signed by both Parties to be legally binding. This Agreement shall be governed by and construed in accordance with the laws of the State of Montana.

13. Violations:

Guest fully acknowledges and accepts all terms and conditions of this Agreement. Any violations of this Agreement may result in early termination without reimbursement and/or fees up to three (5) times the daily booking charges.

14. Indemnification:

Guest agrees to indemnify and hold harmless Swell Property Management from and against any claims, damages, losses, liabilities, or expenses arising from or related to Guest's use or occupancy of the Property, including but not limited to personal injury or property damage caused by Guest's negligence or misconduct.

15. Entire Agreement:

This rental agreement, along with any exhibits and attachments, constitutes the complete understanding between Swell Property Management, LLC and the Guest regarding the Premises. No additional covenants, promises, agreements, conditions, or understandings exist between the parties beyond those outlined herein. Should any provision within this Agreement be deemed illegal, invalid, or unenforceable, said provision shall be rendered void, while all other terms and conditions shall remain in full force and effect.

Each Guest signing this Agreement shall be jointly and severally liable for all obligations outlined herein. Furthermore, all Guests listed on the rental agreement shall be held jointly and severally liable for the complete fulfillment of the lease terms. By accepting this agreement, the Guest consents to receiving further communication via SMS and email concerning their reservation, with potential message and data rates.

I give permission to the property manager to use a third-party to screen my identity and check criminal databases to confirm my reservation. Complete terms regarding the guest screening can be provided by the property manager. You may receive an email to complete your screening. Please check your spam inbox for this email and contact the property manager if you have any questions.

Contact Us