Vacation Rental Agreement

VACATION RENTAL AGREEMENT
THIS IS A VACATION RENTAL AGREEMENT UNDER THE NORTH CAROLINA VACATION RENTAL ACT. THE RIGHTS AND OBLIGATIONS OF THE PARTIES TO THIS AGREEMENT ARE DEFINED BY LAW AND INCLUDE UNIQUE PROVISIONS PERMITTING THE DISBURSEMENT OF RENT PRIOR TO TENANCY AND EXPEDITED EVICTION OF TENANTS. YOUR SIGNATURE ON THIS AGREEMENT, OR TAKING POSSESSION OF THE PROPERTY AFTER RECEIPT OF THE AGREEMENT, OR PAYMENT OF MONEY IS EVIDENCE OF YOUR ACCEPTANCE OF THE AGREEMENT AND YOUR INTENT TO USE THIS PROPERTY FOR A VACATION RENTAL.

Please make sure that you inspect the cabin photos, description and amenities
on the web site as there is no refund upon arrival. See also 5) and 26) below.

1. RENTAL FEES & PREPAID RENT DEPOSITS:
Checkout cleaning and spa cleaning is included in the Rental Fee. A Macon County Occupancy Tax of 3% and N .C. Sales Tax of 6.75% is added to all Rental Fees. Reservations require a 50% Rental Fee deposit made by credit card or bank draft at the time of making the reservation. No checks accepted if arrival is less than 1 month away. It is your responsibility to provide your id info and credit card number and make sure your final balance is received at least 1 month prior to your arrival date. We will regretfully have to cancel your reservation if the final balance is not received by the due date. NO refund, unless the cancelled reservation is rebooked, we will then refund your forfeited rental fee, less a $50 processing fee and any credit card fees, after the end of that rental.

The renter agrees that he will not claim any charge backs or credits from his credit card company for for any amounts charged to his credit card, including but not limited to booking, deposit, rental, additional cleaning or damage fees.

2. We trust that our guests are responsible and we do not demand a security deposit. For verification of your identity, we will ask you during the registration process to fax us a copy of your drivers license and your credit card and CCV number with name and billing address. Guests are financially responsible for all damages and for additional cleaning fees if necessary. Should housekeeping find the house in an unacceptable condition, we will charge your credit card or checking account or bill you for extra cleaning, damage repairs, replacement of missing contents, expenses resulting from agreement violations, such as phone calls, Internet charges, movie charges, check fee, trash left in unit, dirty dishes left unwashed, furniture moving, or unacceptable condition of unit on departure. A $50 administrative fee will be added to the above charges.

3. ALL MONIES ARE BE PLACED IN AN FDIC INSURED INTEREST BEARING ACCOUNT. ALL INTEREST SHALL ACCRUE TO THE CREDIT OF THE AGENT. Your monies are transferred to the owners operating account on check-in day.

4. RETURNED CHECK FEE: There is a $30.00 per check fee for all returned checks.

5. CANCELLATION POLICY AND REFUNDS: We know that plans can go astray. However we rely primarily on advance reservations, and cancellations cannot always be filled. So to be fair to all concerned, our policy is as follow: The booking fee is not refundable. Any Rental Fees paid, less a $50 processing fee plus any credit card fees, are refundable, if the reservation is cancelled at least 60 days prior to the arrival date. If you cancel during the 60 days prior to your arrival, you will forfeit all Rental Fees collected. If the cancelled reservation is rebooked, we will refund your forfeited Rental Fee, less a $50 processing fee plus any credit card fees, after the end of that rental. No shows will be charged in FULL unless the cabin is re-rented. We recommend that you purchase Trip Insurance to cover the potential financial loss. Visit InsureMyTrip.com for details.

6. CHECK-IN AND CHECK-OUT TIMES: Check in and check out time is listed in the cabin info email sent to you after you pay your deposit. While we make every effort to have your cabin ready, there may be a delay during peak season and your patience is appreciated. An additional night stay will be charged for late check outs.

7. MAPS and DOOR CODE: We will e-mail you the door code and links to driving directions and maps to the home about 1 week prior to arrival.

8. PHONE: The phone number to your unit is listed in the cabin info email. All cabins have long distance phone blocks and will require a long distance calling card. You will be able to make a local call and dial 911 if necessary.

9. MEDICAL AND FIRE EMERGENCIES: Call 911 for all medical or fire emergencies. In case of fire or house damage also contact the housekeeping service after contacting 911. The closest hospital is Murphy Medical at Peachtree on Hwy 64 west near Murphy NC.

10. Smoke Detectors: Upon arrival please verify the proper functioning of the smoke detectors and notify housekeeping of the need for replacement of or repairs to a smoke detector.

11. EMERGENCY CONTACT INFORMATION: The housekeeping service is available for emergencies 7 days per week via the telephone number posted below and in the cabin.

12. MAINTENANCE: Maintenance and cleaning services are performed by the housekeeping service (HS). They can be reached via the phone number provided in the cabin info email and posted in the cabin. PLEASE REPORT ANY PROBLEMS OR DAMAGES IN YOUR UNIT THE DAY OF CHECK-IN TO HS. IF NOT REPORTED, WE MUST ASSUME THE DAMAGE OR LOSS OCCURRED DURING YOUR OCCUPANCY AND WE WILL HAVE TO CHARGE YOU. When maintenance needs arise during your stay (light bulb burns out in a non-reachable place, leaky faucet, toilet runs - Leaks in plumbing fixtures can empty your water tank and result in no water in the cabin - grill starter doesn’t work, oven burner not working, etc.), please call HS. It may be necessary for them to enter the unit during reasonable hours to perform minor repairs. Tenants are not required to be on premises.

13. Each cabin comes fully furnished, including dishes, silverware, cookware and linens (towels, bath mats, sheets, dish towels). Most also have paper products (paper towels, toilet paper, napkins), trash bags, soaps (hand & body soaps, dish, dishwasher and laundry soap), Check the door code email for what is provided for your cabin. Do not rearrange the bedding or furniture. The owner and housekeeping are not responsible for any items left in a cabin by a tenant. If housekeeping is requested by tenant to pick up and return any item left in a cabin, items will be returned by UPS or US Postal Service for a service charge of $30.00.

14. CHECK OUT PROCEDURES: On departure guest(s) are required to leave the property in the same general condition it was when guest(s) arrived. If additional cleaning is required, appropriate charges will be charged to your credit card or checking account.
The following items must be complied with before check out:
(1) Dishes, Pots, Pans, Silverware, and Utensils are washed, dried and put away.
(2) Stove, oven and kitchen appliances are clean.
(3) Refrigerator is clean and free of food.
(4) Charcoal or gas grill is clean.
(5) Windows and doors are closed and locked. All lights are turned off to conserve energy.
(6) Thermostat is set to 60 degrees when on the heat setting and 80 degrees on the cool setting, depending on the outside temperature.
(7) All garbage and trash is bagged and left in outside trash containers.
(8) Hot tub temperature is set to 90 degrees
(9) Property is left neat and in order.

15. Rental Policies: We cater to families and strive provide an upscale family mountain vacation rental experience. The following Rental Policies are there established to ensure a quality vacation for all guests. Please do not request any exceptions to these policies:

16. Minimum age required to rent house is 21 years and the person who books the house rental must stay at the house for the entire rental period. Sub-leasing or parents renting for their children under the age of 21 is NOT allowed.

17. NO SUB-LEASING: It is against policy for you to sub-let your unit. Example: Should you reserve a unit for a month, it is expected that you will be staying there, not you for several days, then your neighbor, relative, employees, etc. for several days or weeks to make up the month.

18. NO STUDENT GROUPS OR HOUSE PARTIES OF ANY KIND: No house parties allowed, no large family reunions, no weddings / receptions, no "spring breakers". If guests are found to be having a party in any of our units, everyone will be asked to vacate the premises. No refunds will be given.

19. MAXIMUM OCCUPANCY: Please adhere to the maximum occupancy advertised for the unit.

20. MOBILE SLEEPING UNITS: No mobile sleeping units including tents are permitted at the units for additional housing.

21. PETS: Please read the pet policy for this cabin near the end of this agreement

22. Smoking inside the cabin is not permitted. If you smoke outside, please extinguish all cigarettes and dispose of them properly to prevent a fire hazard and keep the grounds clean.

23. TRASH: Trash must be deposited in the outdoor trash container. Please do not leave trash bags on decks as it attracts animals.

24. NO CAMPFIRES: Remember, you are on private property and fire is a threat to the area. Should you start a fire and it gets out of control you will be held personally and financially responsible. We will charge $50 clean-up any fire you may have made.

25. Rental will be forfeited with the loss of all remaining rent and deposit fees if the above house policies are not followed.

26. Amenities are NOT guaranteed. There are NO REFUNDS for the malfunction of any equipment including but not limited to air conditioning, TV, hot tub, appliances, power outages and telephone service. Every effort has been made to ensure all equipment is in working order. Please report any inoperative equipment to housekeeping. Owner, agent, housekeeping and /or subcontractors may enter premises during reasonable hours to perform maintenance. Please make sure that you inspect the cabin photos, description and amenities on the web site regarding the features, and condition of the cabin, as there is no refund of any portion of your rental fee upon arrival.

27. No refunds due to early departure. This includes departures due to inclement weather. All guests are financially responsible for the entire booking once your reservation has been made.

28. NO refunds due to weather, road conditions, change of plans, not being able to find the cabin, or early departures. During your winter visits, stay tuned to TV/Radio/Weather stations for storm warnings or watches. Depending on the severity of the storms and your location, it is your responsibility to take necessary precautions. We are not responsible for damages incurred due to weather or cost to evacuate your family or vehicles. If the housekeeping service is required to assist you in an evacuation due to a snow in, you will be charged for their services.

29. DRIVING CONDITIONS - Mountain roads can be tough at any time of the year. We do not guarantee any road surface conditions. Most roads in our area are well maintained, but they are curvy and steep. Some units may have gravel drives or roads. While these roads are routinely maintained, they may be bumpy at times. In the late fall, winter, and early spring it is not uncommon to occasionally have hazardous road conditions. It is strongly recommended that all guests during these seasons have four-wheel drive and/or chains. Winter road conditions and maintenance are not guaranteed. No refunds due to road conditions. You are responsible for your transportation. We cannot provide any transportation for guests nor are we responsible for any towing charges you may incur during your stay.

30. HOT TUBS AND COVERS: Read spa / hot tub warnings and instructions before use. Hot tubs will be inspected after each rental. If any items such as food, alcohol, soaps or bath products, etc. are found in the hot tub, you will be charged an excessive cleaning fee of $50. Damage to any cover will result in a $300 charge.
SPA INSTRUCTIONS and WARNINGS:
- NO Children unless closely supervised at all times by a responsible adult.
- Please shower before using the spa.
- NO Food – NO Glass – NO Suntan Oil/Cream - Talk softly after 10 PM
- NO drugs or alcohol before or during the use of a spa to avoid unconsciousness and possible drowning.
- People with infectious diseases should not use a spa or hot tub.
- Persons suffering from heart disease, diabetes, high or low blood pressure, any condition requiring medical treatment, pregnant women, the elderly, or infants should consult with a physician before using a spa.
- Do not use a spa or hot tub immediately following strenuous exercise.
- Do not use spas or hot tubs unless all suction guards are installed to prevent body and hair entrapment.
- Do not permit electric appliances (e.g. light, telephone, radio, television, etc.) within 1.5m of this spa or hot tub.
- Always test the spa water temperature before entering the spa.
- Water temperature in excess of 38°C or 102°F may be injurious to your health.
Prolonged immersion in a spa or hot tub may be injurious to your health. It is UNSAFE to use your spa at temperatures above 104 degrees Fahrenheit or 40 Celsius! It raises your core body temperature and can cause flu like symptoms. It can also kill you! Even at 104 degrees you should limit your time in the spa to no more than 15 minutes. Some people shouldn't use a spa that's hotter than body temperature, 98.6 F / 37C. Consult your doctor!
- Enter and exit the spa slowly. Wet surfaces can be very slippery.
- AFTER USE: Close all air valves and cover - Reset Temperature to 95F.
- Covers must remain on the hot tub at all times when not in use.
- Maintain water chemistry in accordance with manufacturer's instructions.

31. MEDICAL AND FIRE EMERGENCIES: Call 911 for all medical or fire emergencies. In case of fire or house damage also contact the housekeeping service after contacting 911. The closest hospital is Murphy Medical at Peachtree on Hwy 64 west near Murphy NC.

32. EVICTION: According to Section 42A-23 of the North Carolina Vacation Rental Act, a tenant staying for 30 days or less, may be evicted in an expedited eviction proceeding if the tenant does any of the following: (1) Holds over possession after his or her tenancy has expired; (2) Has committed a material breach of the terms of the vacation rental agreement that, according to the terms of the agreement, results in the termination of his or her tenancy.

33. CUSTOMER COMMENTS: We hope you enjoy your stay in the beautiful Smoky Mountains. In our efforts to improve our service, we welcome any comments you may have about your stay.

34. GENERAL STATEMENT: All information contained herein is considered to be accurate and truthful. THE HOMEOWNER, agent and housekeeping assume no responsibility and shall have no liability whatsoever for errors, including without limitations, typographical errors and or omissions. Rates, furnishings, and amenities are subject to change without notice. In the event a home is unavailable for rental due to fire, water damage, acts of nature, etc. we will do everything possible to find you equal accommodations. If we are not able to do this all deposits will be refunded. The renter fully understands that: the homeowner, agent and housekeeping is not responsible or liable to renter for loss or theft of any of the renter's personal property, accidents, injury or damage of any nature from any cause to renter (including guests, licenses, or invitees) or acts of God, weather, road, travel or skiing conditions or other recreational activities, or items removed or changed in the home. Guest(s) hereby agree(s) to INDEMNIFY and hold the homeowner and housekeeping harmless from any and all claims including those of third parties, arising out of or in any way related to Guest(s) use of premises or the items of personal property provided therein. Guest (s) assumes the risk of injury or other losses relating to any recreational activities and will hold home owner and its agents harmless with respect there to.

35. LIMITATIONS OF REMEDIES, DAMAGES AND INDEMNITY:
If Agent/Owner is forced to resort to employment of legal counsel, litigation, or professional collection services in the collection of any amounts due Agent/Owner under this Agreement, Tenant shall be responsible for all costs of litigation and collection including, but not limited to, reasonable attorney’s fees if Agent/Owner prevails in said legal action.

36. Every effort is made to ensure all information in Agent/Owner’s advertising is accurate and complete. However, Agent/Owner cannot be held responsible for typographical errors, omissions, price changes, and other changes made by owners within the unit.

37. Tenant is responsible for abiding by all rules, regulations, and instructions in the Lease Agreement and/or posted in the units. Any exceptions to the above-mentioned rules, regulations and instructions must be approved in writing in advance by the Owner.

38. If at the time tenant is to begin occupancy of the property, Agent or Owner cannot provide the premises in a fit and habitable condition, or occupancy is unavailable for some unavoidable reason, Agent or Owner will make all efforts to substitute a reasonably comparable property for occupancy. In the event that Agent or Owner is unable to do so, tenants exclusive remedy shall be a refund to tenant of all payments made. Tenant expressly acknowledges that in no event shall Agent or Owner be held liable for any consequential or secondary damages, including, but not limited to, any expenses incurred as a result of travel, costs of re-renting, etc. Tenant must submit any complaint regarding accommodation to Agent or Owner, in writing, prior to checkout for consideration by Owner. The Tenant agrees to release, indemnify, and hold harmless the Owner and Agent from and against any and all liability for injury to the person or the tenant or to any member of his household resulting from any cause whatsoever, except only such a personal injury caused by the negligence or intentional act of the Owner or Agent. This indemnification includes any and all costs and expenses which may accrue to Owner, or agent including reasonable attorney’s fees.

39. In the event the property subject to this agreement is voluntarily transferred by Owner, Agent will advise Tenant of transfer of property in accordance with Sec. 42A-19 of the NC Vacation Rental Act.

40. Agent, the property owner, or their representatives have the right to enter premises during tenancy to inspect, make repairs, or show property for sale or to a prospective tenant.

41. CONSTRUCTION: New homes and facilities are always being built in this growing area. Should you find yourself near construction, enjoy watching the activity and exercise patience and understanding. No refunds or moves will be made due to nearby construction.

42. CABINS ARE NOT CHILD PROOF. Due to the decks, unprotected stairs and docks, and other factors, the cabins may not be safe for children. If you bring children make sure they are at all times closely supervised by a responsible adult.

43. Use any watercraft or other outdoor equipment provided at the cabins at your own risk.

We Do Business in Accordance With the Federal Fair Housing Law (The Fair Housing Amendments Act of 1988)

PETS: Sorry… we love pets too, but many guests are allergic to them. Therefore... ABSOLUTELY NO PETS! Tenants bringing pets will be required to leave without refund and will have to pay an additional $100 cleaning fee. Please leave your pet in the care of friends or a boarding facility.