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. This agreement binds you to a specific property for a specific time. Your verbal authorization at time of reservation; signature on this agreement; or payment of money; or taking possession of the property after receipt of the agreement, is evidence of your acceptance of the agreement and your intent to use this property for a Vacation Rental.
If this tenancy is for 30 days or less, Guest is subject to expedited eviction as set forth in Article 4 of the N.C. Vacation Rental Act (NCGS 42A). Guest may be evicted under such procedures if guest: (I) holds over in possession after guests’ tenancy expired; (II) commits a material breach of any provision of this agreement, including any addendum hereto that according to its term would result in the termination of Guests’ tenancy; (III) fails to pay rent as required by this agreement; or (IV) has obtained possession of the Premises by fraud or misrepresentation.
1. CHECK-IN TIME IS AFTER 4 P.M. EST AND CHECK OUT IS BEFORE 11 A.M. EST. NO Early Check-ins unless agreed upon in advance. Late check-outs may be approved in advance depending on availability. (Hourly fee may apply) Please speak with the owner in advance if you would like to be considered for a early check-in or late check-out.
2. This is a NON-SMOKING property.
3. PETS – Well behaved dogs are considered but are permitted in the cabin only with prior approval. A $50 per dog pet accommodations fee applies. (Maximum of 2 dogs) Any guest that does not have prior approval shall forfeit their security deposit and shall remove the dog(s) from the premises. All dogs must be leashed at all times when outside of the cabin (this is for their safety). Pet owners are responsible for cleaning up of any/all pet waste outside of the cabin. Pets are not allowed on furniture at any time. Any evidence of pets on furniture may incur extra cleaning fees. All pets must be up to date on flea control, heartworm preventative and all vaccinations must be current. All pets are to be treated with Advantage or similar topical flea and tick repellent three (3) days prior to arrival. All items above are the sole responsibility of the pet owner. The cabin owners assume no responsibility for illness or injury that may occur to pets or humans while on the premises. Pets shall not be left unattended inside the cabin at any time. There is a large crate at the cabin in the event that you must leave your pet for short periods.
4. Renters must be 25 years of age or older unless accompanied by an adult guardian or parent.
5. DAMAGE DEPOSIT- A damage deposit of $300 is required. When pets are present, owners are required to purchase liability insurance. Unless other provisions are made, the deposit must be received within seven (7) days of booking the reservation. The deposit is NOT applied toward rent; however, it is fully refundable within (14) days of departure, provided the following provisions are met. a. No damage is done to cabin or its contents. b. No charges are incurred due to contraband, pets or collection of rents or services rendered during the stay. c. Cleaning and departure rules are adhered to. d. All keys are returned to lockbox at checkout e. All charges accrued during the stay are paid prior to departure.
6. RESERVATIONS AND RENTAL PAYMENT – Payments shall be made in accordance with booking site terms or an advance payment equal to 50% of the rental rate is required upon booking. Any advance payment will be applied toward the rent. Please make payments in the form of credit card or personal checks payable to Donna Conley. The advance payment is not a damage deposit. The BALANCE OF RENT and security deposit is due fourteen (14) days before your arrival date.
7. CANCELLATIONS – A sixty (60) day notice is required for cancellation. Cancellations that are made more than sixty (60) days prior to the arrival date will incur no penalty except if deposits were made via credit card. All credit card cancellations are subject to a 3% cancellation fee. Early departure does not warrant any refund of rent or deposit. Cancellations less than 60 days forfeit one half of the total rental fee. All attempts to reschedule travel dates will be made rather than canceling the booking entirely.
8. MONTHLY RESERVATION CANCELLATIONS – Monthly renters must cancel one hundred twenty (120) days prior to check-in. Monthly renters who make a change that results in a shortened stay must be made at least ninety (90) days prior to check-in.
9. MAXIMUM OCCUPANCY- The maximum number of guests is limited to four (4) persons. OCCUPANCY is limited to the number of persons listed at the time of booking and shall not be exceeded. Occupancy count DOES include children of any age. The hosting of parties which would increase the maximum occupancy in the cabin, on decks, stairs or anywhere on cabin property, is a violation of your vacation rental contract. OVER OCCUPIED PROPERTY CONSTITUTES A MATERIAL BREACH AND IS SUBJECT TO IMMEDIATE EVICTION. NO REFUNDS. NO EXCEPTIONS. Guest may ask for special permission for a family gathering which will include more than the allowed number of guests for up to a 3 hour period. This will be done on a case by case basis and must be approved by the owners in advance. No RVs, campers or mobile homes may be parked on the premises for the purposes of extra sleeping capacity.
10. NO DAILY MAID SERVICE – While linens and bath towels are provided in the cabin, daily maid service is not included in the rental rate. If you would like a cleaning service during your stay, we will be happy to arrange this with our cleaning agency.
11. QUIET TIMES/OUTDOOR LIGHTS – Be considerate of your neighbors. No loud noise between 10 p.m. and 8 a.m. Landscape lights will come on automatically for 4 hours at dusk. Do not leave porch lights on unnecessarily.
12. SECURITY CAMERAS – Do not disturb security cameras. Disturbing or disabling cameras will result in a $75 service charge to have them reset. There are no cameras inside the cabin.
13. CHARGES INCURRED DURING OCCUPANCY – Report any charges that you may incur while at the cabin. i.e. Pay per view movies.
14. CONDITION OF PROPERTY AND MAINTENANCE Property will be clean upon guest arrival. All equipment should be in working order. Please report any inoperable equipment to the owners. Reasonable effort will be made to repair equipment. No refunds will be made for inoperative air conditioners, appliances, internet/cable or for mechanical failure or delayed service of any kind.
15. FIREPLACE – We do not provide firewood for the rental period. If you desire, we can attempt to have an outside vendor to supply wood for your stay. This service will incur an extra fee. There are plenty of stores in the area that sell bundled wood. Use only real firewood. (No artificial logs, combustible materials, charcoal, etc.) Place ashes in the black ash can and place outside when you check-out. Ensure the damper is open while a fire is burning and closed upon check-out. Close the screen and glass doors if no one is in the room.
16. RATE CHANGES – Rates subject to change without notice.
17. PARKING – Parking is limited to two (2) vehicles. Vehicles are to be parked in driveway only. Parking on the road is not permitted. Any illegally parked cars are subject to towing; applicable fines/towing fees and is the sole responsibility of the vehicle owner.
18. STORM POLICY/ROAD CONDITIONS – No refunds will be given for storms. Mountain roads can be curvy and steep. Access roads to the cabin are all paved but we highly recommend four wheel drive and/or chains during the snow months. We do not refund due to road conditions.
19. CLEANING AND DEPARTURE – Leave the house as you found it with used items placed back where you found them. Specifically, make sure to clean and put away all dishes, utensils and cookware. Any furniture moved must be replaced to original position before departure. Garbage is to be bagged and placed in the appropriate outside container, and litter in vicinity of cabin is to be picked up and disposed of. Leave used beds unmade. Dirty towels should be left in the bathroom floor. All food is to be removed from refrigerator. Guest is to turn off the air conditioner and/or leave the heat at 40 degrees. Return key to lockbox. Guest understands that if cleaning / departure procedures are not followed and additional cleaning is necessary, charges shall be withheld from the deposit monies. Guest will be billed full replacement value of any towels, sheets, or other furnishings missing from the property after departure as well as for any damages.
20. KEYS LOST OR NOT RETURNED will incur a $125 replacement cost during or after the guest stay
21. Indemnification and Hold Harmless; Right of Entry; Assignment. - Tenant agrees to indemnify and hold harmless the owner from and against any liability for personal injury or property damage sustained by any person (including Tenant’s guests) as a result of any cause, unless caused by the negligent or willful act of the owner, or the failure of the owner to comply with the Vacation Rental Act. Tenant agrees that, the owner or their respective representatives may enter the Premises during reasonable hours to inspect the Premises, to make such repairs, alterations or improvements thereto as owner may deem appropriate, or to show the Premises to prospective purchasers or tenants. Tenant shall not assign this Agreement or sublet the Premises in whole or part without written permission of the owner.
22. Tenant's Duties - Guest agrees to comply with all obligations imposed by the Vacation Rental Act for guests with respect to maintenance of the premises, including but not limited to keeping the premises clean and safe as conditions of the Premises permit and causing no unsafe or unsanitary conditions in the home, unit and/or common areas and remainder of premises the guest uses. Guest agrees not to use the premises for any activity or purpose that violates any law or governmental regulation. Guests’ breach of any duty contained in this paragraph shall be considered material, and shall result in the termination of tenancy. Guest shall report any existing damages found within 24 hours of their arrival in writing or be subject to being charged for said damages.
23. Transfer of Property - In the event the Owner transfers this property 180 or more days prior to the anticipated date of occupancy by guest, the owner will make every attempt to maintain the reservation in the current property or move your reservation to a comparable available property. If circumstances prevent this, a full refund less non-refundable reservation fees will be paid to the guest. The owner will promptly notify guest if property is transferred and provide a detailed information sheet regarding your rights under this agreement. If guest transfers to another property, advance reservation fee will transfer to new property.
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. This agreement binds you to a specific property for a specific time. Your verbal authorization at time of reservation; signature on this agreement; or payment of money; or taking possession of the property after receipt of the agreement, is evidence of your acceptance of the agreement and your intent to use this property for a Vacation Rental.
If this tenancy is for 30 days or less, Guest is subject to expedited eviction as set forth in Article 4 of the N.C. Vacation Rental Act (NCGS 42A). Guest may be evicted under such procedures if guest: (I) holds over in possession after guests’ tenancy expired; (II) commits a material breach of any provision of this agreement, including any addendum hereto that according to its term would result in the termination of Guests’ tenancy; (III) fails to pay rent as required by this agreement; or (IV) has obtained possession of the Premises by fraud or misrepresentation.
1. CHECK-IN TIME IS AFTER 4 P.M. EST AND CHECK OUT IS BEFORE 11 A.M. EST. NO Early Check-ins unless agreed upon in advance. Late check-outs may be approved in advance depending on availability. (Hourly fee may apply) Please speak with the owner in advance if you would like to be considered for a early check-in or late check-out.
2. This is a NON-SMOKING property.
3. PETS – Well behaved dogs are considered but are permitted in the cabin only with prior approval. A $50 per dog pet accommodations fee applies. (Maximum of 2 dogs) Any guest that does not have prior approval shall forfeit their security deposit and shall remove the dog(s) from the premises. All dogs must be leashed at all times when outside of the cabin (this is for their safety). Pet owners are responsible for cleaning up of any/all pet waste outside of the cabin. Pets are not allowed on furniture at any time. Any evidence of pets on furniture may incur extra cleaning fees. All pets must be up to date on flea control, heartworm preventative and all vaccinations must be current. All pets are to be treated with Advantage or similar topical flea and tick repellent three (3) days prior to arrival. All items above are the sole responsibility of the pet owner. The cabin owners assume no responsibility for illness or injury that may occur to pets or humans while on the premises. Pets shall not be left unattended inside the cabin at any time. There is a large crate at the cabin in the event that you must leave your pet for short periods.
4. Renters must be 25 years of age or older unless accompanied by an adult guardian or parent.
5. DAMAGE DEPOSIT- A damage deposit of $300 is required. When pets are present, owners are required to purchase liability insurance. Unless other provisions are made, the deposit must be received within seven (7) days of booking the reservation. The deposit is NOT applied toward rent; however, it is fully refundable within (14) days of departure, provided the following provisions are met. a. No damage is done to cabin or its contents. b. No charges are incurred due to contraband, pets or collection of rents or services rendered during the stay. c. Cleaning and departure rules are adhered to. d. All keys are returned to lockbox at checkout e. All charges accrued during the stay are paid prior to departure.
6. RESERVATIONS AND RENTAL PAYMENT – Payments shall be made in accordance with booking site terms or an advance payment equal to 50% of the rental rate is required upon booking. Any advance payment will be applied toward the rent. Please make payments in the form of credit card or personal checks payable to Donna Conley. The advance payment is not a damage deposit. The BALANCE OF RENT and security deposit is due fourteen (14) days before your arrival date.
7. CANCELLATIONS – A sixty (60) day notice is required for cancellation. Cancellations that are made more than sixty (60) days prior to the arrival date will incur no penalty except if deposits were made via credit card. All credit card cancellations are subject to a 3% cancellation fee. Early departure does not warrant any refund of rent or deposit. Cancellations less than 60 days forfeit one half of the total rental fee. All attempts to reschedule travel dates will be made rather than canceling the booking entirely.
8. MONTHLY RESERVATION CANCELLATIONS – Monthly renters must cancel one hundred twenty (120) days prior to check-in. Monthly renters who make a change that results in a shortened stay must be made at least ninety (90) days prior to check-in.
9. MAXIMUM OCCUPANCY- The maximum number of guests is limited to four (4) persons. OCCUPANCY is limited to the number of persons listed at the time of booking and shall not be exceeded. Occupancy count DOES include children of any age. The hosting of parties which would increase the maximum occupancy in the cabin, on decks, stairs or anywhere on cabin property, is a violation of your vacation rental contract. OVER OCCUPIED PROPERTY CONSTITUTES A MATERIAL BREACH AND IS SUBJECT TO IMMEDIATE EVICTION. NO REFUNDS. NO EXCEPTIONS. Guest may ask for special permission for a family gathering which will include more than the allowed number of guests for up to a 3 hour period. This will be done on a case by case basis and must be approved by the owners in advance. No RVs, campers or mobile homes may be parked on the premises for the purposes of extra sleeping capacity.
10. NO DAILY MAID SERVICE – While linens and bath towels are provided in the cabin, daily maid service is not included in the rental rate. If you would like a cleaning service during your stay, we will be happy to arrange this with our cleaning agency.
11. QUIET TIMES/OUTDOOR LIGHTS – Be considerate of your neighbors. No loud noise between 10 p.m. and 8 a.m. Landscape lights will come on automatically for 4 hours at dusk. Do not leave porch lights on unnecessarily.
12. SECURITY CAMERAS – Do not disturb security cameras. Disturbing or disabling cameras will result in a $75 service charge to have them reset. There are no cameras inside the cabin.
13. CHARGES INCURRED DURING OCCUPANCY – Report any charges that you may incur while at the cabin. i.e. Pay per view movies.
14. CONDITION OF PROPERTY AND MAINTENANCE Property will be clean upon guest arrival. All equipment should be in working order. Please report any inoperable equipment to the owners. Reasonable effort will be made to repair equipment. No refunds will be made for inoperative air conditioners, appliances, internet/cable or for mechanical failure or delayed service of any kind.
15. FIREPLACE – We do not provide firewood for the rental period. If you desire, we can attempt to have an outside vendor to supply wood for your stay. This service will incur an extra fee. There are plenty of stores in the area that sell bundled wood. Use only real firewood. (No artificial logs, combustible materials, charcoal, etc.) Place ashes in the black ash can and place outside when you check-out. Ensure the damper is open while a fire is burning and closed upon check-out. Close the screen and glass doors if no one is in the room.
16. RATE CHANGES – Rates subject to change without notice.
17. PARKING – Parking is limited to two (2) vehicles. Vehicles are to be parked in driveway only. Parking on the road is not permitted. Any illegally parked cars are subject to towing; applicable fines/towing fees and is the sole responsibility of the vehicle owner.
18. STORM POLICY/ROAD CONDITIONS – No refunds will be given for storms. Mountain roads can be curvy and steep. Access roads to the cabin are all paved but we highly recommend four wheel drive and/or chains during the snow months. We do not refund due to road conditions.
19. CLEANING AND DEPARTURE – Leave the house as you found it with used items placed back where you found them. Specifically, make sure to clean and put away all dishes, utensils and cookware. Any furniture moved must be replaced to original position before departure. Garbage is to be bagged and placed in the appropriate outside container, and litter in vicinity of cabin is to be picked up and disposed of. Leave used beds unmade. Dirty towels should be left in the bathroom floor. All food is to be removed from refrigerator. Guest is to turn off the air conditioner and/or leave the heat at 40 degrees. Return key to lockbox. Guest understands that if cleaning / departure procedures are not followed and additional cleaning is necessary, charges shall be withheld from the deposit monies. Guest will be billed full replacement value of any towels, sheets, or other furnishings missing from the property after departure as well as for any damages.
20. KEYS LOST OR NOT RETURNED will incur a $125 replacement cost during or after the guest stay
21. Indemnification and Hold Harmless; Right of Entry; Assignment. - Tenant agrees to indemnify and hold harmless the owner from and against any liability for personal injury or property damage sustained by any person (including Tenant’s guests) as a result of any cause, unless caused by the negligent or willful act of the owner, or the failure of the owner to comply with the Vacation Rental Act. Tenant agrees that, the owner or their respective representatives may enter the Premises during reasonable hours to inspect the Premises, to make such repairs, alterations or improvements thereto as owner may deem appropriate, or to show the Premises to prospective purchasers or tenants. Tenant shall not assign this Agreement or sublet the Premises in whole or part without written permission of the owner.
22. Tenant's Duties - Guest agrees to comply with all obligations imposed by the Vacation Rental Act for guests with respect to maintenance of the premises, including but not limited to keeping the premises clean and safe as conditions of the Premises permit and causing no unsafe or unsanitary conditions in the home, unit and/or common areas and remainder of premises the guest uses. Guest agrees not to use the premises for any activity or purpose that violates any law or governmental regulation. Guests’ breach of any duty contained in this paragraph shall be considered material, and shall result in the termination of tenancy. Guest shall report any existing damages found within 24 hours of their arrival in writing or be subject to being charged for said damages.
23. Transfer of Property - In the event the Owner transfers this property 180 or more days prior to the anticipated date of occupancy by guest, the owner will make every attempt to maintain the reservation in the current property or move your reservation to a comparable available property. If circumstances prevent this, a full refund less non-refundable reservation fees will be paid to the guest. The owner will promptly notify guest if property is transferred and provide a detailed information sheet regarding your rights under this agreement. If guest transfers to another property, advance reservation fee will transfer to new property.