Mountain Dream | Beautiful Mountain Home with Hot Tub

Please take a moment to read this Vacation Rental Agreement (hereinafter “Agreement”) carefully before you begin your Vacation as it contains important terms and conditions of your occupancy by which you are bound upon signing the Agreement and/or making payments to secure your reservation. Because all terms and conditions of this Agreement are strictly enforced, you should familiarize yourself with them before your arrival.
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 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.

1. Property. You, The Guest, hereby agree to rent the following premises (hereinafter “the Property”) for the Rental Period upon the terms and conditions of this Agreement:

2. Vacation Rental Fees. You agree to pay the total amount of Vacation Rental Fees, as set forth in the Invoice incorporated into this Agreement below.

3. Payments. Airbnb will collect all payments and will determine your payment schedule. Local taxes are being collected automatically by Airbnb and remitted on our behalf; therefore, they are not included in your total. Bookings through Airbnb may be charged 100% at the time of booking. If, for any reason, the remainder of the fees is not paid on the due date, we reserve the right to cancel your reservation and to try to re-book the Property. If we successfully re-book it, we will refund whatever funds we were able to recoup, albeit prorated over the same number of nights you had reserved, up to a full refund of your initial payment. If we are unable to re-book, however, you forfeit the initial payment in its entirety.

4. Travel Insurance. The Property Management Company strongly advises you to obtain travel insurance to protect your vacation investment against the financial consequences of unforeseen circumstances that may compel you to cancel or alter your trip. Please refer to the Airbnb travel policy offered at the time of booking.
If you decline travel insurance, you are accepting full responsibility for the loss of your Vacation Rental Fee in case of any unforeseen circumstances including, but not limited to, mandatory evacuations and travel restrictions (as described in paragraph 25).

5. Handling of Your Funds. The Property Management Company retains Vacation Rental Fee payments in a Trust Account that is subject to regulation under the North Carolina Vacation Rental Act (“NCVRA”) as well as regulations promulgated by the North Carolina Real Estate Commission.

The Vacation Rental Fees are held in our Trust Account until your Check-out date or cancellation. ALL FUNDS ARE HELD IN AN INTEREST-BEARING TRUST ACCOUNT AT PNC BANK; 8 O'HENRY AVE; ASHEVILLE, NC 28801, a federally-insured deposit institution, with the interest thereon payable to The Property Management Company to cover the expense of maintaining the Trust Account.

6. Cancellations/Changes3. Should you find it necessary to cancel your reservation, your entitlement to all or a portion of the rental fee depends on the timing of your cancellation in relation to the Check-in date as follows:

> 90 Days: Cancellations that are made more than ninety (90) days prior to the Check-in date are eligible for a full refund, less the processing fee, a $350.00 service charge, and, if applicable, the Travel Insurance Premium.

90 – 61 Days: Cancellations, or changes shortening the stay, that are made between ninety (90) and sixty-one (61) days ahead of the Check-in date, forfeit the initial payment but excuse you ‒ in the case of a full cancellation ‒ from having to make the second payment.

< 61 Days: Cancellations, or changes shortening the stay, that are made with fewer than sixty-one (61) days from the Check-in date forfeit all payments, including taxes, with the exception ‒ in the case of a full cancellation ‒ of Cleaning Fees and the taxes associated with those Cleaning Fees.

The foregoing provisions notwithstanding, pre-paid early check-in/late check-out fees become nonrefundable if the request to cancel the early Check-in/late check-out is made within fourteen (14) days of the Check-in date.

Early departure does not warrant a refund of rent.

Email constitutes effective written notice of your cancellation/change and is governed by the timestamp of the email receipt.

As described in paragraph 4, we strongly recommend adding travel insurance to protect your investment from unforeseen circumstances from sudden illness to inclement weather.

If you booked through any outside travel agency, including, but not limited to Airbnb, VRBO or Marriott, Booking com, etc., the cancellation policy listed at the time of booking will apply.

Your booking ‒ and this Agreement ‒ pertains solely to this specific Property. If a member of your party has particular needs ‒ such as allergies or a medical condition ‒ for which this Property is ill-suited, The Property Management Company will attempt to answer and address those concerns (preferably ahead of booking the Property), but such particular needs do not serve as a basis to seek a refund in the event you elect to vacate the property. In addition, and except as provided in paragraph 24, if you are disappointed with the Property upon arrival due to such things as location, décor, road or driveway condition, or ambient noise beyond our control, your disappointment does not serve as grounds for moving to another property or seeking a refund of your vacation rental fees ‒ even if you decide to vacate the Property prior to your scheduled Check-out

7. Damage. You are financially responsible for any and all damages occurring to the Property during your stay, whether the damage is inflicted by members of your party or a third party whom you have invited to the Property. This includes damages to the furnishings and household items that result from the action or inaction of guests or their invitees, excluding normal wear and tear. There is no limit to the potential financial responsibility for such damages.

For your protection, you should inspect the Property upon your arrival, and notify us immediately if you notice any damages or conditions requiring repair or maintenance.

Within forty-five (45) days of your departure, The Property Management Company inspects the property for damages, including those that may arise from any permitted Special Events (described below). Additional charges may appear on your statement if you:

a. Damage the residence, its contents, or its environs, ordinary wear and tear excepted;
b. Violate The Property Management Company policies and procedures generally and “house rules” in particular;
c. Fail to place debris and rubbish in waste baskets, or clean soiled dishes;
d. Lose keys or leave the residence unlocked upon departure;
e. Fail to pay charges that have accrued during the stay (e.g., pay-per-view movies);
f. Loss or damage linens;
g. Check-in early or check-out late without prior permission;
h. Are evicted in the course of your stay;
i. Remove items from the Property;
j. Rearrange furniture; or
k. Use an excessive amount of propane gas (the Tank is checked before and after each stay).

You will be notified in writing if The Property Management Company intends to assess damages or fines, and you agree that The Property Management Company may charge the credit card on file for this stay within ten (10) days of such notification unless you make other payment arrangements within that time. The Property Management Company and/or the owner of the Property otherwise reserve the right to seek further legal action if the damage sustained exceeds the limit available on your credit card. Guest further agrees to reimburse The Property Management Company and/or the owner for any collection costs and reasonable attorney fees that The Property Management Company or the owner incurs in seeking the reimbursement of damages.

8. Minimum Age. All signatories to this Agreement and/or guarantors must be at least twenty-five (25) years of age.

9. False Information. Any reservation obtained under false pretense will be subject to forfeiture of all payments made and the party will not be permitted to Check-in.

10. Additional Sleeping Arrangements. The Property Management Company provides all bedding and linens for each bed in the home (i.e., for every person that the house “sleeps in beds”). Additional guests may be possible based on the “maximum occupancy” listed for this Property, as described in paragraph 11.

11. Maximum Occupancy. If you would like to host additional guests ‒ up to the maximum occupancy for this home ‒ please reach out to The Property Management Company for more information. If additional guests are permitted, additional fees and protocols will need to be reviewed with you. For any such guests, you are more than welcome to bring blow-up mattresses (if desired), and will also need to bring your own sheets, blankets, pillows, towels, and washcloths.

If you exceed the maximum occupancy at any point during your stay, a penalty of $500 will be charged to the credit card on file for each person above the maximum number.

12. Special Events. Special events are/are not permitted at this property. If permitted and applicable to your stay by prior arrangement with The Property Management Company, a separate Special Event Agreement with associated fees, terms and conditions will be provided. Absent prior agreement with The Property Management Company, hosting of events for which tickets are sold and/or attendees are charged, such as a concert, is not permitted and will result in Expedited Eviction Proceedings under North Carolina law and/or the imposition of penalty fees.

13. Check-in/Check-out Times. Guests may Check-in at 04:00 PM EST and must check-out by 10:00 AM EST on the day of departure. No early Check-in or late check-out is permitted without The Property Management Company's prior approval. The Property Management Company reserves the right to charge a late Check-out fee of $50 per 30-minute interval past the Check-out time. Please inquire if you would like to request an early Check-in or late Check-out.

14. Directions/Access Code Information. At the time of booking, The Property Management Company will provide you with detailed directions to the Property together with information on how to gain access to the home itself. This information will also be available via the Happy Stay Guest Portal as well as in the Check-in instructions. You will receive access codes to the property 24 hours prior to your expected Check-in.

Be advised that internet mapping devices and navigation systems are not reliable in the mountains of Western North Carolina. You should print or screenshot directions in their entirety to use as a reference when driving to the Property.

It is your responsibility to ensure that you have the necessary directions prior to your arrival and The Property Management Company may not be held responsible, nor refunds given, in the event you neglect to bring the directions or cannot otherwise locate the Property.

15. Smoking. This is a NON-SMOKING rental. Smoking inside of the home will result in a $500 fine.

16. Ash Disposal. If you use a fireplace or fire pit on the Property, please take great care to dispose of ashes only when they are cool and place them in a designated receptacle or area. The proper site should be listed in your Welcome Book but, if you do not find it, please call our Guest Experience Team for assistance

17. Pets. Some homes allow pets while others do not. Please verify with a representative if you are unsure which policy applies to the home that you are renting.
If allowed, the Pet Policy Addendum is applicable to this Agreement and should be reviewed for associated fees and terms and conditions. An actual pet stay is only permitted if you, the Guest, notify us in advance of your Check-in that you intend to bring the pet(s); we approve the pet stay; and you pay the applicable fees assessed after booking. Pet fees are not included in your initial payment invoice.
If you do not obtain our prior approval, or if pets are not otherwise permitted at the Property, and we find evidence that a pet has been at the Property, we will charge you the applicable pet fee together with a penalty fee of up to $500 for the violation; require immediate removal of the pet(s); and/or evict your party from the Property with the forfeiture of all rental payments. You are also financially responsible for any damage caused by the pet(s).

18. Shipping. Guests are permitted to have items delivered to the Property during their stay, provided that you schedule the shipment to arrive after you Check-in and before your Check-out. In no event is The Property Management Company or the owner responsible for lost, stolen, delayed or damaged packages. Moreover, with approximately 200 homes in our WNC portfolio, we are not in a position to accept, retrieve or locate packages that have failed to arrive in the course of your stay.

We advise you not to ship to homes located in a gated community. Deliveries may be made to the main gate with the packages being left in a locked area restricted to owner-only access. Under such circumstances, we recommend arranging to pick up your package at the delivery company's location.

All of that said, if a package happens to arrive at the home following your stay while cleaners are present, we will be happy to ship it back to you. The fee for this service is $45.00 plus the actual cost of shipping. We use the card on file for this charge unless other payment arrangements are made. Once the cleaning is completed, we will not be able to go out to a home to check on your delivery.

19. Lost/Left Behind Items. The Property Management Company is not liable for items that are lost, stolen or left behind during your stay. If anyone in your group leaves an item behind, and notifies us of the loss, we are happy to facilitate its return to you. The fee for this service, other than when a firearm is involved (see below), is $45.00, together with actual shipping charges. Unless other payment arrangements are made, we will use the credit card on file for this service fee. We reserve the right to dispose of any unclaimed items after thirty (30) days.

20. Clean Guarantee. The Property Management Company rental properties are professionally cleaned before the Guest arrives and after the Guest leaves. Upon arrival, you should inspect the Property and notify The Property Management Company immediately if the Property is not in a suitable condition. We will assume the condition of the Property meets or exceeds your expectations if we do not hear from you within ninety (90) minutes of your arrival. If you check in after 7:00 p.m., you should report cleanliness issues by 10:00 a.m. the following morning by calling the Guest Experience Team. Upon notice of a problem, The Property Management Company will then strive to address your concerns as soon as practicable and otherwise fulfill its obligations under the attached “Clean Guarantee,” the terms and conditions of which are incorporated as if fully set out herein. No refunds will be made solely on the basis of cleanliness issues.

21. Insects and other creatures. Our homes are cleaned and disinfected to the highest degree, and we strive, to the extent possible, to keep our homes free of insects and other pests. That effort notwithstanding, both ladybugs (or more correctly, “Japanese Beetles”) and “Stinkbugs” are now an inescapable and naturally occurring phenomenon in our state and will occasionally appear inside of the homes. Although these insects are completely harmless, and while our cleaning crew removes them (if present) prior to each stay, unfortunately, neither of these species can be exterminated.

Additionally, ants occasionally and unpredictably migrate into homes in search of water. There is no cause for alarm; just let us know and we can address the situation. Other common NC insects you might encounter include wasps and bees. Vacuums are provided for your use during your stay if you find the presence of these insects uncomfortable.

Mice, bats and other “varmints” are a fact of mountain life and, on rare occasions, may find their way into our homes. Although The Property Management Company and its owners are proactive in taking measures to avoid such intrusions, no system is perfect. If one of these unanticipated guests arrive during your stay, please notify The Property Management Company and we will take appropriate steps to rectify the situation.

The appearance in the home of these insect and creatures has nothing to do with the home's “cleanliness” and, accordingly, neither The Property Management Company nor the owners may be held responsible ‒ nor any refunds given ‒ if they appear during your stay.

22. Mold Mildew. Mold and mildew are as old as any recorded/identified living organism. Both feed on moisture, so bathrooms, showers, laundry rooms, kitchens and other areas are where mold can incubate and grow. Moreover, both South Carolina and parts of North Carolina are considered “incubator” states, meaning these locales provide one of the most conducive environments for mold to grow and prosper if not properly addressed. Despite being properly addressed by The Property Management Company's cleaners, mold can and may appear during your stay ‒ its presence does not imply a “dirty,” unclean, or non-disinfected property, nor is it likely to be toxic. If it does appear during your stay, please contact us and we will take care of it as soon as practical. The mere presence of harmless mold/mildew does not serve as grounds for a refund of your vacation rental fee.

23. Extended Stays. Stays extending more than ten (10) days require interim trash pick-ups (at 10-day intervals), the charge for which ‒ currently $35.00 per pickup ‒ will be calculated at the time the reservation is booked. Stays exceeding thirty (30) days will require monthly inspections and housekeeping, the charge for which will calculated at the time the reservation is booked.

24. Maintenance Issues. The Property Management Company and the owner of the home are required to deliver the Property to you in a fit and habitable condition. With the notable exception of “Mandatory Evacuations/Travel Restrictions,” as discussed in paragraph 25, if the home is not in a fit and habitable condition at the time you are to begin occupying the property, and the faulty condition cannot be remedied within a commercially reasonable timeframe, then, at its election, The Property Management Company will either substitute a reasonably-comparable property or refund your payments.

And although The Property Management Company spends a great deal of time and effort ensuring the integrity and upkeep of all the systems in our homes, sometimes “things break.” If that happens during your stay, and you both provide notice of the problem and allow our service team to come upon the Property, The Property Management Company will strive to correct the situation in a commercially-reasonable manner and/or make your stay as comfortable as possible under the circumstances. That said, neither The Property Management Company nor the owner may be held responsible