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Terms of Service

Terms of Service

Terms of Service – All Inclusive

  1. Terms of Service / Rental & Venue Agreement
  2. Cancellation Policy
  3. Refund Policy
  4. Privacy Policy

1) TERMS OF SERVICE / RENTAL & VENUE AGREEMENT

Effective Date: January 15, 2024
Owner/Operator: Mountainside Orchard (“Mountainside Orchard,” “we,” “us,” “our”)
Website: MountainsideOrchard.com (the “Site”)

1. Acceptance of These Terms

By accessing this Site, booking, reserving, paying any deposit or fee, occupying any property, attending any event, or using any service offered by Mountainside Orchard, you agree to be bound by these Terms of Service (“Terms”), our Cancellation Policy, Refund Policy, and Privacy Policy (collectively, the “Policies”). If you do not agree, do not book or use our services.

2. Scope, Covered Properties, and Priority Over Third-Party Platforms

These Terms and Policies apply to any and all properties, venues, vehicles, services, experiences, or listings that are owned, leased, managed, branded, or otherwise operated by Mountainside Orchard, whether located in Utah or any other state or country, and whether booked directly through our Site or through any third-party platform (“OTA”) including Airbnb, Vrbo, Booking.com, Expedia, Google Travel, or others (collectively, “Covered Properties and Services”).

Priority: To the fullest extent permitted by law, these Policies govern every reservation for Covered Properties and Services and supersede any conflicting guest-facing terms shown on an OTA.
Platform / legal minimums: Some OTAs and local laws impose non-waivable protections (for example, major disruption / extenuating-circumstance rules). Where required, we will comply with those minimum rules, and the remainder of these Policies still apply.

3. Eligibility & Authority

You must be at least 18 years old and able to enter a binding contract. The person who books is financially responsible for all charges and must ensure all guests and vendors comply with these Terms.

4. Bookings, Deposits, and Payment Schedule

4.1 Standard Lodging / Venue / Service Bookings

  • A booking is not confirmed until accepted by Mountainside Orchard and payment is successfully processed.
  • We may require a deposit, full prepayment, or security hold depending on the Covered Property or Service.

4.2 Events (Weddings, Reunions, Retreats, Parties, etc.)

  • 50% down payment due at time of booking to reserve the date.
  • Remaining 50% due 90 days prior to event date.
  • If booked within 90 days of the event date, 100% of the total is due immediately at booking.

4.3 Taxes, Fees, and OTAs
 Taxes, cleaning, admin/venue fees, and OTA fees may be included in your total. OTA service fees are controlled by the OTA and may be refundable only if the OTA refunds them.

5. Guest Responsibilities

You agree to:

  • provide accurate booking information,
  • follow occupancy limits and posted rules,
  • supervise minors, guests, and vendors,
  • comply with laws (noise, parking, alcohol, fire, permits),
  • leave the property in reasonable condition.

6. General House / Venue Rules

Unless your booking confirmation states otherwise, you agree:

  • No smoking indoors.
  • No illegal drugs.
  • No parties/events without written approval.
  • Quiet hours apply as posted.
  • Pets only if pre-approved (fees may apply).
  • Park only in designated areas.

Material violations may result in immediate removal without refund and/or extra charges.

7. Damage, Security Holds, and Incident Charges

You are responsible for any damage beyond normal wear and tear, missing items, excessive cleaning, rule violations, or vendor-caused issues. We may place security holds, charge your payment method, pursue OTA resolution, or seek legal remedies.

8. Assumption of Risk & Liability Waiver

Covered Properties may include rural/outdoor features and inherent risks (terrain, weather, wildlife, fire pits, water features, stairs, decks, parking areas, etc.). You assume all risk for yourself and your guests and release Mountainside Orchard from ordinary negligence to the fullest extent allowed by law.

9. Force Majeure

We are not liable for delays, cancellations, or inability to perform due to events beyond our control (extreme weather, wildfire, flood, government action, utility outage, pandemic restrictions, acts of God, etc.). If an OTA or local law requires a different treatment in a qualifying case, we will follow the required minimums.

10. Travel Insurance Strongly Recommended

Because dates are valuable and cancellations are often non-refundable, we strongly recommend purchasing travel/event insurance.

11. Dispute Resolution (Informal → Arbitration)

11.1 Informal Resolution First
 Before filing any claim, you agree to email us at the contact listed on the Site with a written description of the issue. Both parties will attempt good-faith resolution for 30 days.

11.2 Binding Arbitration
 If unresolved, any dispute arising out of or relating to a booking, stay, event, service, or these Policies will be resolved by binding arbitration, not court, except for claims eligible for small claims court. Arbitration will occur in the venue stated below unless prohibited by non-waivable local law.

11.3 Class-Action Waiver
 You agree to bring claims only in your individual capacity, not as a class representative or member.

11.4 Attorneys’ Fees
 The prevailing party may recover reasonable attorneys’ fees and costs where allowed.

12. Governing Law & Venue

For Covered Properties located in Utah, Utah law governs, and exclusive venue is the Utah state or federal courts nearest the Covered Property if a court action is permitted.
For Covered Properties located outside Utah, governing law and venue will be the jurisdiction where the Covered Property is located, unless a non-waivable law requires otherwise. Arbitration will proceed under Section 11 unless prohibited by local law.

13. Changes to Terms

We may update these Terms or Policies at any time by posting revisions on the Site. The version in effect at the time of booking controls unless a change is required by non-waivable law or platform rules. Continued use constitutes acceptance.

14. Contact

Legal/Policy questions: use the contact form or email listed on MountainsideOrchard.com.

2) CANCELLATION POLICY

Effective Date: January 15, 2024

1. Scope

This Cancellation Policy applies to all bookings for any Covered Property or Service owned, leased, managed, branded, or operated by Mountainside Orchard, anywhere in the world, regardless of booking size, purpose, or channel (direct or OTA).

2. 48-Hour Booking Window (Partial Non-Refundability)

  • For cancellations made more than 30 days prior to arrival/event date:
    • If you cancel within the first 48 hours after booking, your cancellation is refundable except for any non-refundable OTA fees, and subject to any mandatory OTA grace periods.
    • After 48 hours from booking, 25% of total booking fees become non-refundable (“Date-Hold Fee”).

3. 30-Day Non-Refundable Period

  • Cancellations made within 30 days of arrival/event date are 100% non-refundable.
     This reflects the high value of reserved calendar dates and reduced rebooking ability near the booking date.

4. Events Payment Schedule

  • 50% deposit due at booking.
  • Remaining 50% due 90 days before event date.
  • If booked within 90 days, full payment due at booking.
     All event cancellations follow Sections 2–3 above.

5. Rescheduling

Rescheduling is not guaranteed. If approved, rescheduling may be treated as a cancellation plus a new booking, potentially requiring additional fees. Any amounts already non-refundable remain non-refundable.

6. Travel Insurance

Guests are strongly advised to purchase travel/event insurance.

7. Extenuating Circumstances / Major Disruptive Events

If an OTA or local law mandates refunds in a qualifying case, we will comply with the required minimums. Outside those narrow minimums, this Policy controls.

3) REFUND POLICY

Effective Date: January 15, 2024

1. Scope

This Refund Policy applies to all Covered Properties and Services owned, leased, managed, branded, or operated by Mountainside Orchard worldwide, regardless of location or booking channel.

2. No Refunds Except As Allowed

Refunds are issued only when expressly permitted under our Terms/Cancellation Policy or when legally/platform-required.

3. Refund Amount

If a refund is due:

  • Any non-refundable portion described in the Cancellation Policy is withheld.
  • OTA service fees are refundable only if the OTA refunds them.

4. Refund Timing

If approved under these Policies:

  • Mountainside Orchard will initiate/issue refunds within 7–14 business days of confirmed cancellation.
  • Refund receipt timing varies by payment method, bank, or OTA and may take up to 30 days to post to the original form of payment. We are not responsible for third-party processing delays.

5. Chargebacks

Filing a chargeback or payment dispute without using the dispute process in the Terms may be treated as a breach of contract. We reserve the right to present these Policies, booking confirmations, and property/event records to payment processors and pursue recovery of costs where allowed.

4) PRIVACY POLICY

Effective Date: January 15, 2024

Mountainside Orchard respects your privacy. This Policy explains what we collect and how we use it in connection with any Covered Property or Service we operate worldwide.

1. Information We Collect

We may collect:

  • Identity/Contact: name, email, phone, address.
  • Booking Data: dates, guest count, event needs, preferences, communications.
  • Payment Data: billing details and transaction records (processed by third parties; we do not store full card numbers).
  • Device/Usage Data: IP address, browser type, pages visited, referral sources, cookies.

2. How We Use Information

We use information to:

  • process bookings and payments,
  • communicate logistics and support,
  • improve properties/services and the Site,
  • meet legal requirements,
  • prevent fraud and enforce Policies.

3. Sharing of Information

We may share data with:

  • payment processors, OTAs, booking tools,
  • operational providers (cleaning, maintenance, event support),
  • legal authorities if required.
    We do not sell personal information.

4. Cookies & Analytics

We use cookies/analytics to understand Site usage and improve performance. You can disable cookies in your browser, but some Site features may not work properly.

5. Data Security

We use reasonable safeguards to protect information. No system is perfectly secure; use of the Site is at your own risk.

6. Data Retention

We keep information as long as needed for bookings, compliance, dispute handling, and legitimate business purposes.

7. Your Rights

Depending on your location, you may have rights to access, correct, delete, or limit use of your data. Contact us through the Site to request this.

8. Children

Our services are not directed to children under 13, and we do not knowingly collect data from them.

9. Policy Updates

We may update this Policy by posting a revised version on the Site. Continued use indicates acceptance.