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RESERVATION RENTAL AGREEMENT AND
IMPORTANT POLICIES AND INFORMATION
(Please print and bring with you)
for
"THE NUT HOUSE"
66 Field Mouse Lane
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 $50.00 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. If payment in full is not made at time of reservation,
you are responsible for payment of your rent on time. You will not receive
another notice from us. You will be responsible to make your final credit
card payment through our reservation system, 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.
Forms of acceptable payment are through PayPal.
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: $400.00 due at booking
Non-refundable reservation fee: $50.00
House cleaning & hot tub cleaning fee: $125.00
Prepaid rent due with rental contract: Half of rent for period reserved.
DAILY RATE:
$300.00 with minimum of three (3) nights (required for holiday weekends)
$350.00 a night for two night minimum
WEEKLY RENTAL RATES (Saturday to
Saturday):
$1,800 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 $400 Security Deposit, which will be refunded within
45 days of check-out, after the condition of the home 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
home 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 home 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 home. If that is not possible, then the prepaid rent is
forfeited. If we are able to re-rent the home, we will refund the pre-paid
rent minus the non-refundable $50 reservation fee plus tax. If we are able
to re-rent the home and have to reduce the rent amount, you will be
responsible for the difference plus the $50 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 two rolls of toilet tissue per
bathroom, one roll of paper towels, paper napkins, boxes of tissues, tall
kitchen trash bags, dishwasher detergent, laundry
soap. 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 home 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
home. You may not enter the home 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 home. NO EXCEPTIONS. Guests not
checked out on time will be charged one-day's rent plus NC taxes. If the
home is available, you may call to extend your stay. Sorry, there is no
refund on early check-outs.
10. KEYS: To avoid
the stress of arriving by a certain time at a separate location to pick up
keys, or by losing your keys and being charged for additional keys, we have
installed a keyless, card-less lock system with an electronic pin pad-based
lock that grants access through a time-sensitive code. Once the property
has been booked and all rental payments received, you will be provided a
6-digit code that serves as an electronic key. The code is time specific
opening at 3 p.m. on the arrival date and expiring at 10
a.m. on
the departure date. You will have the option to change the code to a simple
or familiar number if you wish. Simply enter the code assigned to you, then
#, then your personal code chosen. The directions to change the code will
also be left at the home.
11. WHAT IS NOT ALLOWED:
NO PETS (owner allowed pet only!), 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 home in good
condition, some preventative maintenance (i.e. filters, pest control,
etc.), repairs and guest-requested maintenance is required which will
require periodic access to the home 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. If the
home you are staying in is listed for sale, we will contact you during your
stay to arrange a time show the home at a mutual convenience. 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 mountain home as if it were your own, but do not
rearrange the furnishings or bedding.
3. We cannot be responsible for items left in our home by guests. If we are
asked by a guest to find and return any items left in the home, those items
will be returned by mail, COD, with a service charge of $25.00 added to the
total.
4. The home's phone number is
828-926-3496. The phones in the home have domestic long-distance at no charge. Long
distance calls can be received by guests as long as they are not collect. Important
phone numbers are posted by the main phone in the kitchen. There is also a
local phone book provided. We cannot deliver messages to guests at the home
and cannot contact guests during their stay except by the home phone
number.
5. Heating and cooling:
The heating system at the home is more than adequate to maintain a
comfortable temperature in winter without having to turn the thermostat
above 70 degrees. The thermostat
for heat should be kept at 70 degrees or below and the air conditioning at
68 degrees or above. When you leave the home for the day,
please check that the thermostat 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. Fireplace: Please make certain that the fireplace dampers (top lever all
the way right and left-side lever all the way down) are open before
lighting a fire, and that the fire is completely out and the dampers are
closed before you leave the home.
7. 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. 4. Provide operable smoke detectors. The owners shall
replace or repair the smoke detectors if the owners are notified by the
tenant that replacement or repair is needed. The owners shall annually
place new batteries in a battery operated smoke detector, and the tenant
shall replace the batteries as needed during the tenancy. Failure of the
tenant to replace the batteries as needed shall not be considered
negligence on the part of the tenant or the owner. 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 or render inoperable the smoke detector(s)
provided by the owners, or knowingly permit any person to do so. 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. 7. Notify
the owners of the need for replacement or repair to the smoke detector.
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 home 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.
MOBILE SLEEPING UNITS:
No 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 home during inclement weather. No refunds for
inaccessibility will be made.
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