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Rental Agreement 2010

To fit the recessionary economy since 2008, we've changed our minimum stay policy during peak season to better fit the needs and requests of our guests.

Rental Agreement, the fine print, and all that "stuff"

(Steve & I really believe that the huge majority of people are wonderful, and will take care of our property as they do their own, but because there are those VERY few who don't subscribe to this philosophy of life, we have to put all these details in...or at least my wonderful sister-in-law-who-also-happens-to-be-an-attorney advises us to do this :)

Below is a copy of the entire text of the document -  which by making a reservation and placing a deposit for a reservation at Ash Mountain Cabin - you're agreeing to. I'm sorry it is so long, but I don't think there's anything there that reasonable folks would object to...at least Steve & I would have no problems with these terms while renting a vacation home: 

 

   

RENTAL AGREEMENT

 

Please read the following terms & conditions before you make your reservation.  The guest is responsible for knowing the terms and conditions and adhering to them.

 
THIS CABIN RENTAL AGREEMENT (hereinafter "Agreement") is entered into by and between:
 
The Owners of Ash Mountain Cabin:

 

Steve & Regina Ash of 90 Tory Lane
Bryson City, North Carolina 28713

(828) 488-1575 
(Hereinafter "Owners")

 

and the Renters ( Full Legal Names):        

  (Hereinafter "Guests")

     

Mailing address:
      

Phone:      

Email:      

And (if more than one family):

     

Mailing address     

      
Phone
      

Email     

 

If more than one renter executes this agreement, each renter shall be jointly and severally liable (i.e. each renter will be fully responsible) for compliance of all terms and conditions contained herein. Occupancy is limited to four (4) people during the rental period specified (see terms and conditions for exceptions).

 

In regards to the vacation rental property:
 

Ash Mountain Cabin

107 Tory Lane
Bryson City, North Carolina 28713
 
(Hereinafter "Cabin")

 

Length of the Agreement:

This Agreement shall begin       (date reservation is made) and shall terminate on the departure date at 10:00 AM check out time. Guest (s) agree that they will arrive no earlier than 3:00 PM on      and depart by 10:00 AM on      . (Early check in/late check out may be available depending upon guests immediate surrounding your stay. Please check with owners just before your arrival or departure.)

 
 

Rental Payment:
Guest(s) agree to pay a daily rate of $      (USD)or a weekly rate of $      (USD) for the aforementioned rental period. Accepted payment methods are cash, credit card, PayPal, personal checks (personal checks are subject to a $25 insufficient/return check fee), cashier’s checks, and money orders. All rental fees must be paid prior to keys being given to Guest(s) by the owners.

 

 

 

 

Security Deposit (s)

Guest(s) agree to pay a refundable security deposit amounting to $250 before occupying the cabin in the form of cash, travelers check or money order OR by credit card number and all pertinent information on file in lieu of security deposit as a guarantee in case of loss or damages to cabin, furnishings or fixtures, inside or outside.

 

To be completed by owners:

Total Security Deposit received $       Date rec’d:     in form of      

Deposit for reservation - Amount Received $     Date      

Balance owed before occupying cabin $      Owner initials

 

TERMS & CONDITIONS

 

The Owners and Guests do hereby agree to abide by the following terms and conditions as set out in this Agreement as follows:

1.    THE CABIN
In consideration of the rental payment to be paid by Guests and of the other covenants and agreements herein contained, the Owner rents to Guests the Cabin for the dates specified.
 
Guests shall use the Cabin only for vacation residential purposes. Guests shall not use or allow the use of the Cabin in any way that interferes with neighbors’ rights. Guests shall not use the Cabin for any illegal or improper use.
 
The Guests agree that the Cabin shall be a non-smoking environment. No smoking is allowed anywhere in the Cabin or on the deck. Failure to abide by this paragraph will result in immediate eviction without prior notice and forfeiture of all prepaid rental fees and deposits.
(Any smoking outside & off deck requires that all cigarette butts be extinguished and placed in outside trash receptacles provided; no tossing or pitching butts on grounds or in the woods).
  
Any Guest entering into this Agreement shall be at least 21 years of age. Anybody desiring to rent who is under this age must be accompanied by an adult 21 years or older.
At least one person 21 years of age or older must handle and be responsible for the renting of the cabin. At least one person 21 years of age or older must remain in the cabin overnight each day of the rental period.  Married couples under the age of 21 may request a waiver. (Note: No Parents renting cabin for their children or college students, or parties, please!!) Occupancy is limited to Registered Guests only. Absolutely no overnight visitors are allowed unless otherwise approved in advance by Owners.

Occupancy by more than the number of people stated in the rental agreement may result in forfeiture of all rental monies, security deposit and eviction from the premises. The Guests agree that no more than 4 residents are allowed to occupy the Cabin unless otherwise agreed to by email or in writing with owner.
 
The Guests agree that no pets of any kind shall be allowed in the Cabin. Failure to abide by this paragraph will result in immediate eviction without prior notice and forfeiture of all prepaid rent and deposits.

No moving of furniture, décor, or art work inside of cabin. Outside furniture must be returned as original before departure. (If furniture is moved during your stay, you agree to place in original location prior to check out.)

No hunting, no parties, no firearms, no firecrackers, no illegal drugs or illegal substances, no illegal activities are permitted on our property. Should discovery of such activities occur, Guest(s) will be asked to leave, immediately, and all rental money and security deposits forfeited.

The Cabin includes 2 bedrooms; 1 bathroom.
 
Parking is available with the Cabin. It is described as: Parking for 2 cars is available at the steps leading up to the deck.
 

2.    PAYMENT SCHEDULE AND DETAILS - The Guests agree to pay a Daily rate of One Hundred Twenty Five Dollars ($125 USD) or $750 per week, for the period of the vacation rental, during the dates between Thursday before Memorial Day weekend through Labor Day weekend and October 1-October 31 each year. Off season rates, from November 1 through Thursday prior to Memorial Day weekend, and immediately after Labor Day weekend until September 30, the daily rate is $100 per night or $500 per week. A reservation deposit of $250 or 50% of the entire rental charge (whichever is less) is due within 7 days of making reservation. A credit card number is required to hold reserved dates, but will not be charged if you prefer to mail a check. Balance of rental charge is due on or before arrival, with cash, money order, cashier’s checks, traveler’s checks, or credit card in U.S. funds and made payable to: Stephen L. or Regina Gilchrist Ash at: 90 Tory Lane, Bryson City North Carolina, 28713. Payments may also be made via credit card or through PayPal (https://www.paypal.com) to the following email address: rashtchr@verizon.net
 
Should a Guest's deposit or check payment be returned for insufficient funds, the Guests shall be liable to the Owners for $25 as allowed by North Carolina Law.
 
SECURITY DEPOSITThe Guests agree to deliver a Security Deposit to the Owners in the amount of $250.00 (Hereinafter "Deposit"). The Deposit should be in the form of cash or a credit card number on file (credit card will not be charged unless charges must be incurred) and security deposits actually held will be returned to the Guests within 30 days of end of rental period, less deductions for excess cleaning, damages or vandalism. If delivered at least 10 days prior to arrival date, the Security Deposit may be paid in the form of personal check drawn on U.S. banks. If less than 10 days before arrival date, the security deposit must be in the form of cashiers check, money order, cash, or credit card (there will be a $10.00 administration fee if using credit card for security deposit and charges to the security deposit are incurred.) The Guest is not entitled to interest on the Security Deposit. The parties acknowledge that the Owners will be permitted to deduct from the Deposit any amounts for reasonable repair of damages or for excess and generally unreasonable cleaning costs to the Cabin at the end of this Agreement. The Deposit may not be used by either party for any payment due under this Agreement. Refunds – Please note: no refunds will be given due to inclement weather or malfunctions in equipment (i.e. television, stereos, DVD, VCR or fireplace.) IF a problem happens with the equipment then we will get it fixed ASAP! There will be NO refund for early departure for any reason. 

3.    CONFIRMATION - Confirmation of the reservation will be mailed, faxed, or emailed to Guest(s) upon

receipt of the reservation advance payment. Please read the confirmation for accuracy of dates, mailing address, number of adults and/or children. Any errors must be directed to the Owners within seven days of mailing.

4.    CANCELLATION POLICY - Cancellations must be provided in writing via E-Mail, Fax or Certified Mail. You are responsible for making sure you receive confirmation of receipt of cancellation notice by owners. With thirty (30) or more days cancellation notice in writing prior to arrival date - ALL RENTAL MONEY Refunded, less $50.00 cancellation fee. (We will be happy to reschedule your dates for you with no penalties.) Less than (30) days cancellation notice in writing prior to arrival date – ALL RENTAL MONEY/DEPOSITS will be forfeited. NO SHOW POLICY - The total amount of the reservation will be charged.(If another guest(s) confirms reservations that fill your reservation dates, all deposits will be refunded.) RETURNED CHECKS - A $25.00 service charge will be incurred for any returned checks. Weather changes fast in the Great Smoky Mountains area. No refund will be given due to weather conditions.

5.    GUEST RESPONSIBILITIES
The Guests agree to accept responsibility for the following: 
The Guests shall comply with all obligations imposed upon guests by applicable provisions of building, housing, and health codes; maintain the Cabin in good condition during the entire length of this Agreement and shall neither cause nor allow any abuse of the facilities therein.  
The Guests shall inform the Owners of any condition that may cause damage to the Cabin. The rental payments include occupancy tax and cleaning fees for stays of 3 nights or longer. 
Maintenance - When you arrive and find something is not working, please notify the Owners ASAP! We do everything we can to keep all equipment in good working order. If something is not working properly, we will do our best to get it up and running for your stay. Please call 828-488-1575, 736-2530 or 736-2532 to notify Owners. Please do not call after 9 PM unless it is a true emergency. 

6.    AMENITIES - The Cabin includes use of all amenities noted on website, including: Fireplace - Our cabin has a gas burning fireplace. All fireplaces are useable from October to the first of April. No foreign materials are to be burned in gas fireplaces. Damage to fireplace will result in forfeiture of security deposit. Satellite Television - Owner does not guarantee any programs or events, Guests are liable for ordering any pay per view events, and will incur programming charge plus an additional $5.00 charge per program or event to be deducted from your security deposit. Phone - Guests agree to make all long distance calls with a calling card. Long distance phone calls are not supposed to be allowed from cabin phone (828) 488-4374, but if Guest(s) charge long distance phone calls to Cabin phone, Guest(s) will be liable for said charges plus a service charge of $5.00 to be deducted from your security deposit.  Barbeque grill is provided for your use; however, please clean grill and replace cover after each use to avoid an additional $10 cleaning charge.

7.    APPLIANCES - The Cabin includes the following appliances for the Guests use: Washer, Dryer, Microwave, Stove, Dishwasher, Refrigerator, Air-Conditioning, Gas log fireplace, Hair dryer, Toaster, Coffee Maker...and I've probably left off something if reasonable and customary for a home to have.

8.    FURNITURE - The Cabin is fully furnished.

9.    LINENS are supplied. A full supply of linen is provided in the Cabin. Bed linen and bath towels are not changed during your stay. You are expected to use the laundry facilities at the home to keep the linens fresh.  We appreciate if you begin laundering linens prior to departure in order that we might have the cabin ready for our next guests. Please fold sheets and leave on beds - DO NOT remake beds. The startup set of bath soap, shampoo, toilet tissue, paper towels, dish washer detergent, coffee, condiments for coffee, and trash bags are not replenished. Single use laundry detergent is available at the Cabin on the honor system.

10. CABIN ALTERATIONS - Guests shall make no alterations, additions or improvements to the Cabin (including the application of paints, stains, nails or screws to the woodwork, walls, floors or furnishings.)

11. INSURANCE - Guest acknowledges that Owners’ insurance does not cover personal property damage caused by fire, theft, rain, war, acts of God, acts of others, and/or any other causes, nor shall Owners be held liable for such losses.  

12. ENTRY FOR REPAIRS OF DAMAGE - In addition to the rights provided by the laws applicable to the State of North Carolina, the Owners shall have the right to enter the Cabin at reasonable times for the purpose of inspection in case of damage, and to make such reasonable repairs and alterations as may be deemed necessary by the Owners for the preservation of the Cabin or the building and to remove any alterations, additions, fixtures, and any other objects which may be affixed or erected in violation of the terms of this Agreement. The Owners shall give reasonable notice of intent to enter Cabin except in the case of an emergency.   

13. QUIET ENJOYMENT - The Guests shall be entitled to quiet enjoyment of the Cabin for the term of the vacation rental agreement provided that the Guests pays rental fees in a timely manner and performs all covenants and obligations under this Agreement.  

14. POSSESSION AND SURRENDER OF THE CABIN - At the expiration of the vacation rental term, Guests shall immediately surrender the Cabin to the Owners in the same condition as at the start of the Agreement. Check out time is 10:00 AM on the date of departure unless other arrangements have been made in advance with Owners. The Guests shall return a complete set of keys to the Owners and provide in writing, the Guests forwarding address in order that the security deposit may be returned.

15. Owners are not responsible for any accidents, injuries or illnesses that occur while guests are at the Cabin or on the property, nor are Owners or the Private Homeowners responsible for the loss of personal belongings or valuables of the guest. By accepting this reservation, it is agreed that all guest are expressly assuming the risk of any harm arising from their use of the premises or others whom they invite to use the premises.

16. Insects & pests - While the cabin is treated for pests monthly, wasps, ladybugs and other insects sometimes affect rental units. We are in the Great Smoky Mountains and sometimes we have unwanted little guests that might decide to visit you and your family. 

17. LEGAL FEES - If the Guests are in breach of this Agreement, and the Owners finds it necessary to enforce this Agreement, or collect rental or other damages, through an attorney or in a legal action, the Owners shall be indemnified by the Guests for any reasonable attorneys' fees and out-of-pocket costs which in any way relate to, or were precipitated by, the breach of this Agreement by the Guests. 

18. WAIVER - The Owners’ failure to enforce or insist on compliance with any provisions of this Agreement shall not be deemed a waiver nor a limitation of the Owners’ right to enforce or insist on compliance with the provisions of this Agreement.   

19. BINDING EFFECT - Except as otherwise provided in this Agreement, all of the covenants, conditions, and provisions of this Agreement shall apply to and bind the parties and the heirs, personal representatives, successors, and assigns of the parties. 

20. HEADINGS - Headings are inserted for the convenience of the parties only and are not to be considered when interpreting this Agreement. 

21. ASSIGNMENT, SUB-LET AND LICENSE - The Guests shall not assign, sub-let or license any part of the Cabin. An assignment, sub-letting or license without the prior written consent of the Owners or an assignment or sub-letting by operation of law shall be absolutely null and void and shall, at the Owners option, terminate this Agreement.  

22. AMENDMENT OF AGREEMENT - Any amendment or modification of this Agreement or additional obligation assumed by either party in connection with this Agreement will only be binding if evidenced in writing signed by both parties. 

23. ENTIRE AGREEMENT - This Agreement constitutes the entire agreement between the parties and supersedes any prior written or oral covenants or representations relating thereto and not set forth herein shall be binding on either party hereto. This Agreement may not be amended, modified, extended, or supplemented except by written instrument executed by the Owners and Guests. The Owners has made no representation or warranty to Guests except as herein expressly set forth. 

24. SEVERABILITY - Should any conflicts arise between any party of this Agreement and the applicable legislation of the State of North Carolina, the State Laws will prevail and such provisions of the Agreement will be amended or deleted as necessary in order to comply with the State Laws. Furthermore, any provisions that are required by State Laws may be subsequently incorporated into this Agreement.  
In the event any of the provisions of this Agreement are held to be invalid or unenforceable in whole or in part, those provisions to the extent enforceable and all other provisions will nevertheless continue to be valid and enforceable as though the invalid or unenforceable parts had not been included in this Agreement. 

25. GOVERNING LAW - This Agreement shall be governed and construed in accordance with the laws of the State of North Carolina.  

26. CHECK OUT PROCEDURESPlease remember: the following items must be complied with on or before 10 AM for checkout on departure date or Guest(s) may forfeit his/her security deposit: (a). Linens and towels: please start in laundry. We are a small operation. In order to be ready for our next guests, we would appreciate if you would begin linens in laundry. If you can wash & dry sheets or towels, it is very much appreciated. Please do not remake the beds. Simply leave the linens & towels folded and stacked neatly. (b). Dishes, Pots, Pans, Silverware, and Utensils should be loaded in dishwasher and turned on and the stove/oven shall be left in a clean condition. (c). Refrigerator should be left clean and free of perishable food.  (d). Barbeque grill must be left in a clean condition (or $25 cleaning charge will apply). (e). Windows and doors must be left closed and locked with the air conditioner on 78 degrees in summer or heat on 55 degrees in winter. (f). All trash must be put in outside trash cans when applicable.  (g). Furniture in the unit put back where it was found and the unit left neat and in order.  (h) Check out is at 10 AM, unless other arrangements are made in advance with Owners.

27. CREDIT CARD USE - If charging any or all rental fees and/or any Security Deposit to credit card: I am providing my credit card number as a guarantee. I agree to pay any outstanding charges, accept all terms of the lease agreement and accept all liability for any damage beyond normal wear and tear during the term of my rental period at Ash Mountain Cabin. If I fail to do so I understand that these costs will be charged to my credit card and that all credit card sales are final. X________(Please initial and provide credit card information, below.)

Credit card type:_      Expiration Date     

Credit card number      CVV or Code     

Print name as it appears on credit card:      

 

Address where credit card statement is mailed, if different from front page of rental agreement:

 

 

The parties hereby indicate by their signatures below that they have read and agree with the terms and conditions of this Agreement in its entirety.

 

Guest(s) Signature(s) - If more than one family is renting Cabin, one of each adult member family should sign:

 

X_________________________________                 X________________________________


Print name:
                                                     Print name:      

 

Date: ____________________, 20_____              Date: _______________________, 20_____

 

 

Ash Mountain Cabin Owner:

 

 

 

 

 

 

 

 

 

 

Date:      

 

 

 

 

 

 

 

 

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