Flatwater Lodge Terms and Conditions and Accommodation Agreement
MISSOURI RIVER, MONTANA

A 50% Deposit is required within 10 days of booking in order to secure all reservations
Final Payment is due 90 days before arrival date

Check In Time: 4:00 PM
Check Out Time: 10:00 AM

NO SMOKING ALLOWED INSIDE ANY PART OF FLATWATER LODGE
NO PETS ALLOWED INSIDE OR OUTSIDE ANY PART OF FLATWATER LODGE - A $500 FEE WILL BE CHARGED FOR PETS AT THE LODGE

FLATWATER LODGE SITS ON A WATERWAY. ALL PARTIES ASSUME ALL RISK AND BODILY HARM ASSOCIATED WITH FLATWATER LODGE'S LOCATION ON THE MISSOURI RIVER

Accommodation Agreement:

Execution of Accommodation Agreement

The Accommodation Agreement shall be deemed entered into upon the acceptance of the Party's order by the Proprietor. Electronic declarations shall be deemed received when they can be collected by the party to which they are addressed under normal circumstances.

The Proprietor shall be entitled to enter into the Accommodation Agreement under the condition that the Party makes a down payment. If the Party agrees to the down payment (in writing, orally or electronically), the Accommodation Agreement shall be deemed entered into upon the receipt of the Party's declaration of consent on the down payment by the Proprietor.

The down payment shall be deemed an installment of the agreed remuneration.

Unless the proprietor offers any other time of occupancy, the Party shall be entitled to move into the rented rooms from 4:00 PM on the agreed date of arrival and must depart by 10:00 AM on the agreed upon departure date. The Proprietor shall be entitled to charge another day if the rented rooms are not vacated on time.

If the Accommodation Agreement provides for a down payment and such down payment has not been made by the Party in time, the Proprietor may rescind the Accommodation Agreement without granting any grace period.

If the Guest/Party fails to arrive by 6:00 PM on the agreed date of arrival, the Proprietor shall not be obliged to accommodate them unless a later time of arrival has been agreed upon.

Unless otherwise agreed upon. the Proprietor may rescind the Accommodation Agreement for objectively justified reasons by means of a unilateral declaration by 90 days before the agreed date of arrival of the Party

Cancellation Fee Information:

All payments are considered non refundable - refunds will be implemented on a case by case scenario with full discretion left to the proprietor

Guidelines that will be considered by proprietor concerning refunds will fall in the parameters below:

100% of the total agreed price by 180 days before the date of arrival
50% of the total agreed price by 120 days before the date of arrival
25% of the total agreed price by 90 days before the date of arrival

Unless otherwise agreed by the Proprietor these cancellation fees will apply. It will be up to the sole discretion of the Proprietor on a case by case basis to determine any other cancellation policy other than listed above

The Party shall be liable towards the Proprietor for any damage caused by themselves or the Guest or any other persons that receive services of the Proprietor with the knowledge or in accordance with the intention of the Party

If the Party refuses to pay or is in arrears with the agreed remuneration, the Proprietor shall be entitled to make use of all legal rights in accordance with the Montana State Civil Codes along with the legal right of lien in accordance with the Montana State Civil Codes with respect to the items brought along by the Party or the Guest. Furthermore, the Proprietor shall be entitled to make use of this right of retention or lien in order to secure claims under the Accommodation Agreement, particularly for catering, other expenses made for the Party and for any kind of damage claims

The Proprietor shall be entitled to issue invoices or interim invoices for its services at any time

The Proprietor may not be held liable for slight negligence. If the Party is an Entrepreneur, the Proprietor may neither be held liable for gross negligence. In such event, the burden of proof to show the fault shall lie with the Party. No consequential or indirect damage and no loss of profit shall be reimbursed.

The Proprietor shall only be liable for valuables, money and securities up to an amount of $500. The Proprietor shall only be liable for any exceeding damage in the event it has accepted such items for deposition knowing their quality or in the event the damage has been caused by itself or its vicarious agents. The limitation of liability in accordance with all Montana State Civil Codes shall apply accordingly

If the Party is a consumer or entrepreneur, the Proprietor may not be held liable for slight and/or gross negligence

If the Accommodation Agreement has been made for a definite term, it shall end upon the expiry of such term

If the Party leaves prematurely, the Proprietor shall be entitled to charge the total agreed remuneration. The Proprietor shall deduct anything saved due to the failure to use its scope of services or maintained by letting the booked rooms to other guests.

The Proprietor shall be entitled to terminate the Accommodation Agreement with the immediate effect for important reasons, particularly if the Party and/or Guests makes a significantly adverse use of the rooms or makes their stay intolerable for other guests, the owner, its vicarious agents or the third parties staying at the accommodation establishment due to ruthless, offensive or otherwise highly improper conduct or commits an acto against property, morality or physical safety towards these persons that is subject to penalty. Or suffers of a contagious disease or a disease the duration of which exceeds the term of accommodation. Or fails to settle the presented invoices when they become payable within a reasonably set period.

The place of performance shall be the place where the accommodating establishment is situated at 32 River Drive, Cascade, MT 59421.

The Proprietor shall be entitled to offset any of its claims against claims of the Party. The Party shall not be entitled to offset any of its claims of the Proprietor unless the Proprietor is insolvent or the Party's claim has been established by a court or acknowledged by the Proprietor.

If any gaps arise in relation with the Agreement, the applicable legal provisions shall apply