THIS IS A VACATION RENTAL AGREEMENT. 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, 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.
1) LIABILITY:
You, the renter, are the paying guest of the owner. The owner is not responsible or liable for any loss of the renter`s personal property or bodily injury or damage of any nature from any cause to the renter (including his guests, licensees, or invitees). The owner is also not responsible for skiing conditions, insects, rodents, flies, or other pests, weather conditions, road conditions, power outages, acts of God, criminal activities, economic downturns, political changes, or any other activity, event or condition beyond its control.
2) CHARGES:
Reservations go through Airbnb and the payment schedule is outlined on their website. All other reservations outside of Airbnb require a payment of 50% for confirmation. The balance will be charged 7 days in advance of stay. Taxes and cleaning fees are added to all reservations. See the rates and fees schedule on the services page.
3) PAYMENTS:
The reservation is not guaranteed until receipt of payment. Credit card payments MUST be placed on a card held in the same name as the Responsible Party. The property will be marketed until receipt of payment.
4) RESPONSIBLE PARTY:
The persons whose credit card / paypal / venmo / cashapp / zelle / Airbnb reservation are used to pay for the reservation accept responsibility for all occupants complying with rental policies, procedures, and restrictions. The responsible party must be at least 25 years of age and is required to stay in the property for the time reserved.
5) DAMAGES AND MISSING ITEMS:
Aside from normal wear and tear, the responsible party is responsible to pay for any damages to the property or its contents during property possession under the vacation rental agreement.
6) CANCELLATION POLICY:
There is a 50% deposit which secures your reservation. You may cancel within 7 days of your stay and not be charged for the balance of your stay. All bookings will be charged in full one week prior to your stay with the card you provided on file. Any cancellations within the week time frame are non refundable. If booking through Airbnb the cancellation policy through them applies.
7) RENTAL CAPACITY:
Please check the number of people each property sleeps as detailed in the online property description. The maximum occupancy stated on the property page represents the MAXIMUM number of people, including children, allowed to occupy the property. A $100 fine per person over the max capacity will be charged if capacity limits are not respected.
8) EVENTS, GATHERINGS FOR UNRELATED GROUPS, AND HOUSE PARTIES:
Properties are available for lodging accommodations. We do not offer properties as event venues. We do not rent for house parties or events that include accommodating more than the published maximum occupancy. Gatherings and reservations hosting unrelated groups must be approved. (Certain conditions may apply.) If your plans include a gathering or involves hosting occupants whose age range and make-up may be construed as a gathering, please seek approval before booking the property. Acceptable arrangements are determined at the sole discretion of Mountainside Cabins.
9) CHECK-IN, LATE CHECK-IN, AND CHECK-OUT:
Check-In Time is anytime after 3:00 PM. Please call or text within 1 hour of arrival to your property to report any damages.
CHECK-OUT: You must vacate the property no later than 11:00am on the last day of your reservation - 12:30pm on Sunday.
Report any damages to the office prior to departure.
10) WEATHER AND ROAD CONDITIONS:
Weather conditions in the mountains of North Carolina are unpredictable. Please remember that the mountains get rain, fog, snow, sleet, and ice. Road conditions may become hazardous before or during your stay. For this reason, a 4-wheel drive vehicle, chains and the ability to drive on snow and ice are the only things we can recommend to get to or from any given property. Some think that a 2-wheel drive with chains can operate as well as a 4-wheel drive. This is not the case in many winter weather situations, especially on steep inclines, that may occur on private drives or driveways. IT IS YOUR RESPONSIBILITY TO ARRIVE FULLY PREPARED and there will be NO refunds, changes in properties, allowances, or date changes resulting from negligence in this matter.
REBEL DRIVE IS A SINGLE LANE MOUNTAIN DIRT ROAD. In addition, it is recommended that you print out your directions as you will likely lose cell phone service along your drive. Wifi is available once you get to the cabins, and cell service is available on the mountain, but coverage is spotty along the way.
11) EQUIPMENT FAILURE AND OTHER INCONVENIENCES:
All equipment and amenities should be in working order. Please report any equipment problems to the office.
12) PETS:
We are a dog friendly property. We require a pet fee of $50 per dog / $75 for more than 3 dogs. See our Pet Policy. Evidence of a pet at the property without prior approval will result in a $100 fee in addition to the pet fee charged to the credit card on file post departure.
13) SUBSTITUTION:
The owner reserves the right to substitute cabins if circumstances require. Circumstances include but are not limited to acts of nature, malfunctions, or other maintenance that render a property uninhabitable. In the event that a property becomes unavailable, the owner will contact the tenant to offer an alternative cabin or a full refund.
14) ITEMS LEFT IN PROPERTY:
Mountainside Cabins are not responsible for items left in rental properties. It is important to check thoroughly to avoid leaving your belongings. If you failed to remove and pack a belonging, we will attempt to locate the item, and schedule shipping to the address you provide. There is no guarantee that left items will be found. If an item is found, the tenant is responsible for the cost of shipping + $25 handling fee.
15) ENTRY:
From time to time it may be necessary for the agent to enter the property during reasonable hours for any purpose connected with the repair, care or management of the property.
16) WHAT IS PROVIDED AT THE CABIN UPON ARRIVAL:
All properties are set up for light housekeeping. Beds are made with clean linens and towels are provided prior to stay. Daily housekeeping is not available. Mountainside Cabins provides toilet tissue, bath soap, dish soap, and trash bags. Kitchens are stocked with kitchenware and tableware sufficient for basic meal preparation. Specialty cookware is not guaranteed to be available at the property, and should be packed by you if necessary.
17) TENANT DUTIES:
Tenant agrees to comply with all obligations with respect to maintenance of the premises, including but not limited to keeping the premises as clean and safe as the conditions of the premises permit and causing no unsafe or unsanitary conditions in the common areas and remainder of the premises that tenant uses. Tenant agrees not to use the premises for any activity or purpose that violates any criminal law or governmental regulation, including noise ordinances and local parking restrictions. Tenant's breach of any duty contained in these terms and conditions shall be considered material and shall result in the termination of tenancy.
18) OWNER DUTIES:
Owner agrees to provide the premises in a fit and habitable condition. If at the time Tenant is to begin occupancy of the Premises, Owner cannot provide the premises in a fit and habitable condition or substitute a reasonably comparable property in such condition, Owner shall refund to Tenant all payments made by the Tenant.
OWNER SHALL CONDUCT ALL ACTIVITIES IN REGARD TO THE AGREEMENT WITHOUT RESPECT TO RACE, COLOR, RELIGION, SEX, NATIONAL ORIGIN, HANDICAP, SEXUAL ORIENTATION, OR FAMILIAL STATUS OF ANY TENANT.
19) MANDATORY EVACUATION:
If State or Local authorities order a mandatory evacuation of an area that includes the premises, Tenant shall comply with the order. Upon compliance, Tenant will be entitled to a refund of the prorated rent for each night that Tenant is unable to occupy the Premises because of the order.
20) INDEMNIFICATION AND HOLD HARMLESS: RIGHT OF ENTRY; ASSIGNMENT:
Tenant agrees to indemnity and hold harmless agent and 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 agent or the owner. Tenant agrees that the owner, or their respective representatives may enter the premises during reasonable hours to inspect the premises, to make such repairs, alteration or improvements thereto as agent or 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 agent.
21) NO SMOKING:
ALL of our cabins are NON-SMOKING / NON VAPING. You may not smoke inside any of the cabins. If any sign of smoking or vaping is found inside a property, the responsible party accepts responsibility for smoke odor remediation, and possibly to reimburse the property owner for time off the market, should remediation require extended time. A $250 cleaning fee will apply.
22) AMERICANS WITH DISABILITIES:
NONE of the cabins meet the standards to be ADA Compliant.
23) AGRITOURISM
Under North Carolina law, there is no liability for an injury to or death of a participant in an agritourism activity conducted at this agritourism location if such injury or death results from the inherent risks of the agritourism activity. Inherent risks of agritourism activities include, among others, risks of injury inherent to land, equipment, and animals, as well as the potential for you to act in a negligent manner that may contribute to your injury or death. You are assuming the risk of participating in this agritourism activity.