|
RESERVATION RENTAL AGREEMENT AND
IMPORTANT POLICIES AND INFORMATION
(Please print and bring with you)
for
RENTAL OF THE CAMPER AT
49 Hornbuckle Road
Maggie Valley, NC 28751
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 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. Guest agrees to be financially responsible for any and all damages to the unit they occupy during their stay.
In consideration of the monies received and the mutual promises contained herein, the Owner does hereby lease and rent to tenant the certain property described above, under the following terms and conditions.
1. RESERVATIONS AND RESERVATION FEE: There is a $10.00 non-refundable fee per reservation, along with the applicable tax. Unless the agreement and all required payments are received when due, the reservation may be cancelled without further notice and subject to the terms of Paragraph #6.
2. PAYMENT POLICIES AND FEES: Balance of rent is due thirty (30) days prior to arrival or full amount due with rental contract if reservation made less than thirty (30) days prior to rental period. You are responsible for payment of your rent on time. You will not receive another notice from us. If you have a credit card number on file, this will be charged automatically unless you call our office no more than thirty (30) days prior to rental period to make other arrangements. NO PAYMENTS CAN BE ACCEPTED UPON ARRIVAL FOR RENT.
Prepaid Rent must be paid at the time of making your reservation. The Refundable Security Deposits may NOT be placed on credit cards.
FEE SCHEDULE:
Refundable security deposit: $100.00 due at booking
Non-refundable reservation fee: $10.00
Cleaning & linen washing fee: $75.00
Prepaid rent due with rental contract: Half of rent for period reserved.
DAILY RATE:
$100.00 with minimum of three (3) nights (required for holiday weekends)
$125.00 a night for two night minimum
WEEKLY RENTAL RATES (Saturday to Saturday):
$600 per week
3. RENTAL PERIODS: Weekly rentals are MANDATORY During June, July, August, October & Holidays for advance bookings. Weekend stays are available in the summer season on a “pot-luck” basis by calling our office during the week prior to the desired weekend. A two-night minimum stay is required for regular weekends, and a three-night minimum stay is required for all holiday weekend.
4. TAXES: A 7% North Carolina Sales Tax and a 3% Jackson County occupancy Tax are required on all rentals. TAXES ARE SUBJECT TO CHANGE.
5. REFUNDABLE SECURITY DEPOSIT: All reservations require a $100 Security Deposit, which will be refunded within 45 days of check-out, after the condition of the camper and its contents have been inspected and verified. The Security Deposit may be used to repair damages, replace missing items, or to reimburse for expenses resulting from agreement violations, such as check fees or unacceptable condition of the camper upon departure. The guest agrees to compensate the owner for any damages to the property occurring while guest is the occupant. Security Deposits may not be charged to a credit card. Security Deposits refunds will be payable to the name on the reservation. NO EXCEPTIONS. Your acceptance of this agreement authorizes us to charge your credit card for repairs, missing items or unacceptable condition of the camper upon departure which exceed the security deposit. An itemized accounting will be provided of any charges made to the card.
6. CANCELLATION POLICY: Please notify us immediately of cancellation. We will do our utmost to re-rent the unit. If that is not possible, then the prepaid rent is forfeited. If we are able to re-rent the unit, we will refund the pre-paid rent minus the non-refundable $10 reservation fee plus tax. If we are able to re-rent the unit and have to reduce the rent amount, you will be responsible for the difference plus the $10 reservation fee plus tax. You may change the date of a reservation one time without penalty. After that, you incur a second reservation fee. Please see RESERVATION FEE for further explanation of this non-refundable fee.
7. EQUIPMENT/FURNISHINGS: Furnishings include dishes, silverware, bedspreads, pillows, sheets, pillowcases, quilts and blankets, bath mats, kitchen linens, cookware and firewood. No additional linens will be provided. There will be a courtesy starter kit in the home for you with toilet tissue, paper towels, paper napkins, boxes of tissues, tall kitchen trash bags, dishwasher detergent. After those are gone, you will need to purchase your own. There is no guarantee of availability on these items.
8. CHECK-IN TIME: Check-in time is after 3:00 pm on the date of check-in; early check-in is not allowed because the unit must be cleaned and prepared after the prior guests leave.
PEAK SEASON CHECK-INS: (June, July, August, October and holidays) Guests may experience delayed check-in time if housekeeping has not completed cleaning and preparing the unit. You may not enter the unit until it has been cleaned and inspected so do not plan to go directly to the home with groceries, etc. during these periods.
9. CHECK-OUT TIME: Check out is before 10:00 am on the date of departure to allow the housekeeper time to clean the unit. NO EXCEPTIONS. Guests not checked out on time will be charged one-day’s rent plus NC taxes. If the unit is available, you may call to extend your stay. Sorry, there is no refund on early check-outs.
10. KEYS: The key will be left at a prearranged place at the unit prior to your visit, unless other arrangements have been made.
11. WHAT IS NOT ALLOWED: NO PETS, NO HOUSE PARTIES, NO GROUP RENTALS, WHICH INCLUDES HIGH SCHOOL, COLLEGE OR OTHER NON-FAMILY GROUPS. WE RENT TO FAMILIES, MARRIED COUPLES AND INDIVIDUALS 25 YEARS AND OLDER. ANY VIOLATION WILL RESULT IN EVICTION AND ALL RENTS FORFEITED.
12. ACCESSIBILITY: In order to keep the unit in good condition, some preventative maintenance, repairs and guest-requested maintenance is required which will require periodic access to the unit and may be necessary during your stay. We can not guarantee any appliance. We will do our best to have any repairs done expeditiously. There will be no refunds due to maintenance. We appreciate your cooperation in this matter.
13. GUEST RESPONSIBILITIES
1. The guests are required to wash and put away all dishes, remove ALL items from the refrigerator and remove any perishables from the cabinets. They should also remove all trash from the home and take to the dumpster near the entrance to the subdivision before leaving. A $30 disposal fee will be charged for any trash left in the home.
2. Please treat our camper as if it were your own, but do not rearrange the furnishings or bedding.
3. We cannot be responsible for items left in our unit by guests. If we are asked by a guest to find and return any items left in the unit, those items will be returned by mail, COD, with a service charge of $25.00 added to the total.
4. The camper’s phone number is 828-926-8262. No long distance or toll calls can be made on this phone. Long distance calls must be made with a calling card. Long distance calls can be received by guests as long as they are not collect. Any long distance or toll calls discovered will be charged to the Security Deposit. We cannot deliver messages to guests at the unit and cannot contact guests during their stay except by the unit phone number.
5. Heating and cooling: The thermostat for heat should be kept at 70 degrees or below. When you leave the unit for the day, please check that the thermostat is set on a sensible temperature for your return. During the winter months, always have the temperature set at no less than 60-65 degrees.
6. Campfires are permitted in the designated fire ring only.
14. OTHER OWNER AND TENANT DUTIES:
Owner shall: 1. Comply with all current applicable building and housing codes. 2. Make all repairs and do whatever is reasonably necessary to put and keep the property in a fit and habitable condition. 3. Maintain in good and safe working order and reasonably and promptly repair all electrical, plumbing, sanitary, heating, ventilation, and other facilities and major appliances supplied by the owner upon notification from the Tenant that the repairs are needed. These duties shall not be waived; however, the owner and tenant may make additional covenants not inconsistent herewithin the vacation rental agreement.
The Tenant shall: 1. Keep that part of the property he or she occupies and uses as clean and safe as the conditions of the property permit and cause no unsafe or unsanitary conditions on the property. 2. Dispose of all ashes, rubbish, garbage, and other waste in a clean and safe manner. 3. Keep all plumbing fixtures in the property or used by the tenant as clean as their condition permits. 4. Not deliberately or negligently destroy, deface, damage, or remove any part of the property. 5. Comply with all obligations imposed upon the tenant by current applicable building and housing codes. 6. Be responsible for all damage, defacement, or removal of any of the property inside the property that is in his or her exclusive control unless the damage, defacement, or removal was due to ordinary wear and tear, acts of the owner or his or her agent, defective products, acts of third parties not invitees of the tenant, or natural forces. Tenant agrees not to use the property for any activity or purpose that violates criminal law or governmental regulation. Tenant’s breach of any duty contained in this paragraph shall be considered material, and shall result in the termination of tenant’s tenancy.
15. ACCEPTANCE OF POLICIES AND CONTRACT: TENANT AGREES TO COMPLY WITH THE OWNERS POLICIES CONTAINED HEREIN AND ON OWNERS’ WEB TO THE EXTENT NOT INCONSISTENT WITH THE OTHER PROVISIONS OF THIS AGREEMENT.
16. EXPEDITED EVICTIONS: Any Tenant who leases residential property subject to a vacation rental agreement for 30 days or less may be evicted and removed from the property in an expedited eviction proceeding if the tenant does one of the following: (1) Holds over possession after his/her tenancy has expired; (2) commits a material breach of terms of the vacation rental agreement that, according to the terms of the agreement, results in the termination of his/her tenancy; (3)Fails to pay rent as required by the agreement; (4) Obtains possession of the property by fraud or misrepresentation.
17. INDEMNIFICATION AND HOLD HARMLESS; RIGHT OF ENTRY; ASSIGNMENT: Tenant agrees to indemnify and hold the owners harmless to the extent allowed by law from and against any liability for personal injury or property damage sustained by any person (including tenants guests). We are not responsible or liable to tenants for loss or theft of any personal property. Nor are we liable for accidents, injury or damage of any nature from any cause by tenant.
This provision is not intended to insulate owners from the obligation to comply with the duties imposed by the Vacation Rental Act and set forth in paragraph 17 above. Tenant agrees that the owner or their respective representatives may enter the property during reasonable hours to inspect the property, to make such repairs, alterations, or improvements thereto as owners may deem appropriate or necessary pursuant to the Vacation Rental Act. Tenant shall not assign this agreement or sublet the property in whole or part without written permission of the owners.
18. APPLICABLE LAW: This agreement shall be governed by and construed in accordance with the laws of the State of North Carolina and, in the event of a dispute, any legal action may be maintained only in Jackson County, where the home is located.
19. ENTIRE AGREEMENT: This agreement, with any referenced incorporated documents, is the entire agreement among the parties with respect to the subject matter hereof, and no representations or covenants, whether oral or written, have been made regarding the subject matter hereof except as provided herein.
20. SEVERABILITY: Every provision of the agreement is intended to be severable, and if any term or provision hereof shall be declared illegal, invalid, or in conflict with North Carolina law or the purposes of this agreement for any reason whatsoever, or if the enforcement of any provision shall be waived, the validity of the remainder of this agreement shall not be affected thereby.
21. REFUNDS: No appliances or amenities such as grills, VCRs, DVDs, TVs, etc., are guaranteed. There will be no refunds due to appliance, water, power, cable or TV failures. We will make every effort to keep our unit in good working order and any failures will be repaired as quickly as possible. There are no refunds for early checkouts. Please notify us as soon as problems are found.
ANY VIOLATIONS TO THE RULES AND REGULATIONS CAN TERMINATE YOU STAY!!!
GENERAL INFORMATION
ROUTINE MAINTENANCE: It may be necessary for us to send repair people to the home during reasonable hours to perform minor repairs. Guests are not required to be at home for repairs to take place.
ADDITIONAL MOBILE SLEEPING UNITS: No other trailers, campers or motor homes may be parked at the house for additional sleeping space or additional housing.
WEATHER STATEMENT: During your winter visits, find and stay tuned to TV/Radio/Weather stations for storm warnings or watches. Depending on the severity of winter weather, it is your responsibility to make needed preparations and take necessary precautions. A 4-wheel drive vehicle is HIGHLY RECOMMENDED AND MAY BE NECESSARY to reach our unit during inclement weather. No refunds for inaccessibility will be made.
|
