Terms and Conditions
THIS AGREEMENT (the "Agreement”), governed by the laws of the State of Georgia, is between the Rental Property Manager (referred herein as “WE, US, OUR”) and the Property Guest Tenant (referred herein as “YOU, YOUR”). WE and YOU are herein referred to together as “PARTIES” and individually as “PARTY.” The home dwelling being rented is individually referred herein as “PROPERTY” and collectively as “PROPERTIES.” WE may modify the terms and conditions (referred herein as “Terms & Conditions”) of this Agreement from time to time. Modifications will be effective as of the date they are posted on OUR website page under the top main option labeled ‘CABINS’>’Rental Terms’ or any successor page. NOW THEREFORE, in consideration of the following terms, covenants, conditions, limitations and mutual promises expressed in this Agreement, PARTIES agree as follows:
1. RESERVATIONS & PAYMENT. When booking, YOU are required to pay an initial deposit of the total night stays price. This advance deposit payment, which securely holds your reservation, is applied towards the total rental balance. Payment must be charged on a valid credit or debit card to securely hold the reservation. The balance is due 14 days prior to YOUR reserved arrival date. Therefore, YOU agree to have the final balance paid automatically on YOUR credit card WE have on file, or YOU may call OUR office to use a different card prior to the 14 days of YOUR arrival date. If YOU do not call, YOU agree to have US process the final balance due to the card on file. If YOUR reservation is booked inside 14 days of your arrival, the total amount is due at booking.
2. AGES OF GUEST(S) / FALSE PRETENSES. YOU must be twenty-five (25) years or older to book a reservation and be the principal occupant of the PROPERTY. Some PROPERTIES require a minimum age of twenty-eight (28) years. YOU are responsible for reading specific details on the PROPERTY’s landing website page addressing age and other matters. Violation of this provision constitutes a rental under False Pretenses, and therefore breaching this Agreement. YOU will be asked to vacate the PROPERTY without refund.
3. DATE CHANGES TO RESERVATIONS. YOU may incur a $25 surcharge if YOU make date changes to a reservation within fourteen (14) days of YOUR arrival date.
4. CHECK-IN TIME. YOU are permitted to check in no earlier than 3:00 P.M. or any time thereafter on the Arriving date. PROPERTY smart locks record YOUR arrival.
5. CHECK-OUT TIME. YOU must vacate the PROPERTY no later than 10:00 A.M. on the Departing date. YOU are required to reply to OUR checkout text message by providing the two pieces of information solicited in the text message.
6. NOTICES. WE may provide YOU with notices, including announcements regarding modifications to OUR Agreement Terms & Conditions by, but not limited to, email, text message or SMS, MMS, push notification or in-app message, telephone, or other reasonable means now known or hereafter developed. YOU consent to receive these notices by any of the aforementioned platforms.
7. CANCELLATIONS. YOU must notify US by speaking to OUR live reservationist or sending an email at [email protected] to cancel a reservation. Cancellations are not considered complete until YOU receive a confirmation email from US. A fifty-dollar ($50) surcharge applies when YOU cancel an existing reservation within fourteen (14) days of YOUR arrival date, and no refund shall be given. WE shall have sole authority to weigh special circumstances supported by reasonable evidence YOU provide to determine if WE can grant YOU a credit for the total amount paid to be applied to any of OUR PROPERTIES within six (6) month grace window that starts at the initial cancellation date. On the other hand, if YOU cancel outside fourteen (14) days of the arrival date, YOUR initial deposit is retained by US, but YOU can apply this initial deposit towards any future stay at any of OUR PROPERTIES within the six (6) month grace window. YOU have up to one (1) additional cancellation episode within YOUR initial grace window before forfeiting YOUR entire deposit.
8. NON-BINDING STATEMENTS. Unless memorized in digital or paper correspondence by OUR authorized agent(s), NO verbal promise, exception, special treatment, concession, or purposeful statement altering any part of OUR standard policies, this Agreement or general rental arrangement between PARTIES shall be honored or applied. PARTIES agree not to willfully accept or believe verbal, arrangement-altering statements, without receiving written evidence from the statement source.
9. RENTAL RATES. OUR PROPERTIES are assigned a nightly rate and associated fees. OUR rates follow seasonal pricing. Rates are subject to change based on any tax increases that may occur after booking. Any additional lodging rates or service fee increases that occur after booking and before arriving will not be applied. All original nightly rates applied at the time of booking shall be honored. However, any tax increase that occurs after booking and before departing must be assessed to comply with state and local laws. Rates are revealed by selecting YOUR dates and generating an Instant Quote on OUR website. Rates vary based on PROPERTIES size, views, amenities, and the permitted number of arriving guests.
10. PROPERTY SECURITY CAMERAS. YOU are renting the PROPERTY from a private owner. Many PROPERTIES WE rent have legally placed security camera(s) trained only on common exterior areas like driveways, entryways, or backyards. These cameras are installed for PROPERTY security purposes and are visible in plain line of sight at their installed location; they ARE NOT HIDDEN. YOU are responsible for knowing if the PROPERTY YOU rent has an exterior camera by carefully reading the emails WE send YOU, the PROPERTY landing website page, and/or signage on the PROPERTY. If YOU dismantle or disconnect the PROPERTY camera, the law considers this an act of vandalism and deliberate obstruction to PROPERTY security measures. YOU will be asked to vacate the PROPERTY and forfeit YOUR scheduled night stays plus the total amount YOU paid to rent the PROPERTY.
11. ROADS. Mountain roads are curvy, narrow, vary in altitude from one mile to the next, are often gravel and sometimes rocky and/or choppy. If driving under these conditions makes YOU uncomfortable, a mountain vacation may not be YOUR best choice. A Sports Utility Vehicle, Cross-Over, or four-wheel drive is advised when traveling to the mountains, especially for those chasing waterfalls or exploring remote areas.
12. ADVISING AGAINST TRAILERS. WE strongly advise against towing trailers or any other platform behind vehicles YOU bring to the mountains (see #11 above). Most of OUR PROPERTIES do not provide enough driveway turning radius to accommodate sizable towing platforms. If YOU insist on towing a trailer or other platforms, WE recommend YOU seek a secure, specialty lot that accommodates towing platforms where YOU can safely park them.
13. OCCUPANCY. OUR quote is tied to the number of people YOU claim will stay at the PROPERTY. YOU must notify US of any Day Guests or extra Guests staying overnight. Day Guests must leave by 10:00 p.m. YOU must voluntarily report additional overnight guests. Failure to notify US of any additional Guests will result in a $50 fee per person/per night. Remember, OUR PROPERTY owners are opening their personal home for YOUR use. Many of OUR PROPERTY owners have cameras trained on the driveway (see #10). Honesty always costs less.
14. DAMAGE PROTECTION. WE apply Damage Protection Insurance to YOUR total night stays. This insurance protects YOU and the PROPERTY owner from charges due to accidental damage only. The insurance covers accidental damages (beyond normal wear and tear). If damages surpass insurance, additional charges to satisfy any balance due may be applied to YOUR credit card on file and written documentation will be sent to YOU, the guest of record. If damages are determined to be caused by willful misconduct, misuse, or pets; the Damage Protection Insurance shall be voided on the grounds of the intentional act(s), gross negligence, willful and wanton conduct by YOU or YOUR invited party. These occurrences may result in YOUR credit card on file being charged in full for applicable damages, fines, and/or management fees the insurance does not cover. ANY ACCIDENTAL DAMAGE MUST BE REPORTED TO US BEFORE DEPARTURE TO QUALIFY FOR ANY ELIGIBLE PROTECTION.
15. 7TH NIGHT FREE DISCOUNT. YOU cannot apply, split, or assign the 7th NIGHT FREE discount to more than one PROPERTY in one continuous 7-night sequence.
16. LINENS, TOWELS, ROBES. YOU will be provided a Towel Bundle for each occupant (Adult and Children) that YOU claimed on YOUR reservation at time of booking. A full supply of linens and towels is provided in each PROPERTIES, and WE count and track all items before YOUR arrival. WE also photographically track the condition of all household goods to protect the PROPERTY owner. Bath towels should not be removed from the PROPERTY or used for lake, river, or cleaning purposes. YOU consent to pay for any stained, misused, or missing linens and towels assigned to the PROPERTY during YOUR stay. Two Robes in each bedroom are for PROPERTY use only. Do not remove these aforementioned items from the PROPERTY or charges will be incurred in the amount of $100 each.
17. HOUSEHOLD SUPPLIES & AMENITIES STARTER SET. PROPERTY Slippers are supplied for each Adult along with a starter set of household supplies and amenities. Each bathroom is supplied with a starter set of travel size bath soap, toilet tissue (1 per bathroom), makeup remover pads, travel size shampoo, conditioner, body lotion and bath loofah. WE provide basic cleaning supplies for PROPERTY use only. Supplies are not to be taken when YOU leave. Kitchen is supplied with a large roll of paper towels, 5 laundry pods, 5 dishwashing pods, 5 kitchen trash bags, outdoor trash can liners, hot tub shock, but these items are not replenished. Each PROPERTY has a vacuum cleaner, broom, dustpan, and mop for YOUR use. WE may charge YOU appropriately if YOU removed these items from the PROPERTY.
18. DEPARTURE GUIDELINES. Departure Guidelines are in the PROPERTY guidebook, posted on the refrigerator, and mentioned in the new Digital Guide. Not leaving the PROPERTY and surrounding premises in a tidy, undamaged condition constitutes increased use of the PROPERTY and extra fees may apply.
19. TRASH DISPOSAL. WE provide YOU trash bags located under the kitchen sink. YOU are responsible for acquiring more bags if needed. All trash must be bagged in provided bags and placed in the designated outdoor bins prior to departure. Failure to properly bag and/or remove garbage from the premises constitutes additional PROPERTIES use and a $50.00 fee may apply. Grocery bags are not acceptable disposal containers unless they are inserted into larger kitchen trash bags.
20. PET(S). For pet friendly PROPERTIES, Pet Fees are tied to the number of pets you claimed at time of booking. If YOU bring more pets than you claimed at time of booking, YOU agree to pay up to $295.00 dollars in fines. Moreover, stiff fines apply if you bring a pet to a PROPERTY that does not allow pets.
21. CONTROLLING PETS. Pets in the hot tub are strictly prohibited. Pets must be completely housebroken, well behaved, and pest free. Contamination of a home by fleas or other pet associated pests will incur extra charges. YOU agree to bring the pet’s crate if the animal is uneasy, stressed by a new environment or being left alone. Pets must not in any way mar or alter the condition of the home. Such alterations will incur additional fees. Violating any of these provisional terms constitutes additional PROPERTIES use and YOU can be charged up to $350 for restoring the home to pre-altered conditions.
22. LEASHING PETS OUTDOORS. YOU agree to be in full control of YOUR pet(s) and take full responsibility for their safety while in the mountain environment. To ensure their safety, always tether them to a leash when outdoors. There are flying and land-dwelling predators that will target pets. Even speeding cars have been known to hit unleashed pets. YOU will incur additional cleaning fees for failing to remove YOUR pet’s feces from external property premises or pet hair/fleas/dirt/feces from inside the PROPERTY.
23. OWNER'S CLOSET. OUR PROPERTIES have one or more locked private Owner's Closet that is not part of YOUR right to access, and YOU are not to enter or disturb this Closet. Doing so constitutes additional PROPERTIES use and extra fees up to $500 can be charged to repair locks, plus the cost to replace missing items.
24. INTERFERENCES. YOU consent to allow service technicians on and into the PROPERTY to repair or replace appliances or any other such mechanical apparatus or necessary and immediate improvements. WE will make every reasonable effort to provide advance notice of such events to set proper expectations. Neither the PROPERTY Owner nor WE shall be liable for events beyond OUR or PROPERTY Owner’s control, which may interfere with YOUR occupancy, including but not limited to, acts of nature, governmental agencies, fire, strikes, war, road maintenance, power outages, water outages, or cloudy water, inclement weather, construction and/or nearby noises. Therefore, YOU acknowledge and agree not to solicit, nor will WE apply, any DISCOUNTS, CONCESSIONS OR REFUNDS for these interferences.
25. RIGHT TO SUBSTITUTE PROPERTY. YOU acknowledge, agree, and accept that WE reserve the right to assign YOU to another PROPERTY, subject to availability, if WE determine it is necessary to do so. Therefore, YOU acknowledge and agree not to solicit, nor will we apply, any DISCOUNTS, CONCESSIONS OR REFUNDS for PROPERTY substitutions.
26. REPAIRS & SERVICE CALLS. YOU acknowledge and agree that WE cannot guarantee against spontaneous or otherwise mechanical failures. No refunds or discounts will be given for any failure of mechanical items or units on the PROPERTY. If failures occur, YOU agree to immediately notify US of defective or non-working items. YOU are prohibited from calling service companies. If YOU call a service company to come out to the PROPERTIES, YOU are responsible for payment of services rendered. Every effort by US to repair or replace defective items, efficiently and in a reasonable time, shall be made. Non-Emergency maintenance requests will be addressed during normal business hours. Service calls resulting from neglect or misuse by YOU, or service calls found unnecessary, resulting in no repairs, constitutes additional PROPERTY use and extra rental fees can be charged in the amount of the service call plus 10%.
27. INTERNET. Internet WiFi download speeds vary depending on the PROPERTY YOU rent. Upload speeds can be much slower, which is typical in mountainous areas. If YOU are concerned about wireless internet speeds, it is YOUR responsibility to read the PROPERT’S webpage for more or contact us so proper expectations are established before YOUR arrival.
28. POWER OUTAGES. YOU are renting a private residence in the mountains. Sometimes power failures occur and rarely last more than two hours unless more severe conditions prevail. WE have no control over, nor are WE responsible for, these occurrences. Moreover, YOU acknowledge and agree that YOU are not entitled to any discount nor refund if outages occur. If an outage occurs, the power company is already aware of your PROPERTY outage and there is no need to contact US. However, you can call or text us if you feel uneasy. If after hours, you can contact US on OUR Emergency Hotline number. WE may provide YOU with incremental updates IF the outage is prolonged and WE have reasonable means to contact YOU. YOUR PROPERT’S lock is battery powered and will always work without PROPERTY electricity. Do not contact us when power is restored. WE will already know YOUR status through the technology we apply.
29. RIGHT OF ENTRY. YOU agree that WE reserve the right to enter the rental PROPERTY to conduct an inspection, investigate disturbances, check occupancy, check damages, or make repairs as WE deem necessary at any time, for any reason. WE may also enter premises to show the PROPERTY to qualified prospective purchasers, but WE shall not show the PROPERTY without first notifying YOU. Moreover, WE shall make reasonable attempts to notify YOU when service and/or repair entry is to take place.
30. GAS LOG FIREPLACES. GAS LOG FIREPLACES HAVE NO CHIMNEY TO EXPEL SMOKE. No foreign items shall be burned in gas log fireplaces. Burning any foreign matter is DEADLY. Doing so constitutes additional PROPERTY use and extra rental fees up to $500 will be charged, plus replacement cost of the unit should it be irreparably damaged. Gas log fireplace use is seasonal and gas supply to these fireplaces is turned off between June 1 through September 1.
31. WOOD BURNING FIREPLACES. Outdoor wood burning fireplaces may be used year around. However, we do not provide firewood. Firewood may be purchased at time of booking or by calling or texting US. No indoor fires are permitted during the summer months between June 1 and September 1. No fire will be left unattended, and no other items (charcoal, accelerants, etc.) shall be burned in wood burning fireplaces. Roast marshmallows in wood burning fireplaces is prohibited. Violating any of these terms constitutes additional PROPERTY use and extra fees up to $300 shall be charged to YOUR credit card on file.
32. FIRE PITS. Outdoor fire pits offered at many PROPERTIES are for YOUR enjoyment. Firewood may be purchased at time of booking or you can call/text US to order more. No firepits shall be constructed on PROPERTIES that do not have them. No outdoor fires of any kind shall be permitted outside of existing fire pits. YOU are accountable for extinguishing fire pit fires before retiring for the evening. YOU are prohibited from using the fire pit when a drought-induced burn ban is in effect. YOU are responsible for contacting US for any burn ban advisories. WE or any authorized municipal authorities have the right to dismiss YOU from the PROPERTY without any refund if YOU use fire pits during an active burn ban advisory. Violating these provisional terms can cost YOU up to $350.
33. HOT TUBS. YOU are required to comply with the12 Hot Tub Rules placed in the PROPERTIES guidebook and/or other designated and obvious places. These Rules help maintain water quality to prevent cloudy tubs. YOU and YOUR party must shower before entering the hot tub. Lotion, perfume, hair product, and make up harm tub internal functions, also disturbing water clarity and chemical balance. YOU cannot bring any objects into the tub including, but not limited to glass, beer cans, wine bottles, suntan or moisturizing lotion, exotic creams, soap, etc. Lids MUST be kept on the tub when not in use to maintain warm temperatures. YOU shall be charged up to $100 dollars for requesting a special service to clean the hot tub if it is cloudy after a few days due from not showing before use. YOU can be charged up to $300 plus repair costs by violating any part of this provision.
34. FURNISHING/FURNITURE. All PROPERTIES furnishings or furniture are arranged by the PROPERTY owner in particular places. Moving furniture could damage floors and the furniture. Rearranging furnishings constitutes additional PROPERTY use, and WE may charge YOU up to $150 in extra fees to restore furnishings to their original arrangement.
35. NON-SMOKING. Smoking is only permitted on decks WITH ALL HOUSE DOORS/WINDOWS CLOSED. Be aware some PROPERTIESs do not permit smoking on the premises. Cigarette and cigar butts must be properly and safely disposed. Smoking inside the PROPERTY and/or tossing cigarette butts on the PROPERTY premise constitutes additional PROPERTY use, and WE can charge YOU up to $350.00 in extra fees.
36. INDEMNIFICATION AND HOLD HARMLESS. YOU acknowledge and agree to be solely responsible for any PROPERTY damage, accident or injury to YOU or any person in YOUR party or loss sustained by any person arising out of or in any way related to YOUR entire visit to the surrounding geographic region and use of the PROPERTY. Therefore, YOU shall indemnify and hold US harmless, OUR employees, affiliates, contractors, agents, members, and OUR principals in their entirety from all losses, claims, demands, rights of action, judgments, expenses (including attorney fees and court costs) and other liability arising from OUR performance under this Agreement.
37. ENTERTAINING, EXCESSIVE SPEEDING, DISRUPTIVE BEHAVIOR, FIREARMS, FIREWORKS. Occupancy and use of premises shall not disturb or offend neighbors or residents. House parties, keg parties, excessive speeding, excessive noise and/or disruptive behavior, discharging of a Firearms or Fireworks will result in YOU immediately vacating the PROPERTY without refund. EXPLOSIVE FIREWORKS ARE 100% PROHIBITED, 100% OF THE TIME.
38. ALCOHOLIC BEVERAGES/ILLEGAL DRUGS. Consuming alcoholic beverages in rental units is limited to persons of legal age. Illegal drug use is strictly prohibited and will result in termination of this Agreement, and dismissal of YOU and YOUR associated party without any refund.
39. SMART TVs. If YOU log into YOUR own Netflix, Amazon Prime, or other subscription-based channels, YOU are required to log out of these personal accounts on or before YOUR departure. YOU are solely accountable for YOUR own subscription-based TV accounts and any purchases made against them. WE are not liable for anyone who makes purchases against YOUR TV subscriptions resulting from YOUR neglect.
40. BEARS, DEER, CRITTERS, INSECTS. YOU are renting a mountain PROPERTY. Bear, Deer, Turkey, Ladybugs, Carpenter Bees, Wasps, Scorpions, Spiders, Spider Webs, Ticks, Ants, Chiggers, Flying Squirrels, Raccoons, Birds, Bats, Snakes, and other Critters may be encountered. Also, cobwebs can form within hours after removing them from porches, stairs, and decks. WE do not offer discounts or refunds for the presence of mountain critters that can sometimes enter attics and PROPERTY crevices.
41. INCLEMENT WEATHER. Should a snowstorm or other extreme weather conditions assessed by US or national weather experts advising against travel, prevent YOU from reaching or accessing the PROPERTY, WE have the right to delay YOUR arrival while WE attempt to assess and/or mitigate circumstances. Or YOU may reschedule YOUR stay and apply any monies paid to booking a future stay at any of OUR PROPERTIESs. Likewise, if a snowstorm or other extreme weather conditions assessed by US or national weather experts advising against travel, prevents YOU from leaving the PROPERTY, WE can authorize delaying YOUR departure for several hours at no cost. If extreme conditions are prolonged, YOU may be responsible for purchasing extra night stays that may be assessed at a reduced nightly rate. WE shall make reasonable efforts to accommodate YOUR arrival or departure when conditions turn favorable to do so. It is YOUR responsibility to track and be weather aware of forecasts that surround YOUR travel dates and be prepared/equipped for extreme mountain weather during any given season.
42. EARLY DEPARTURES. There are no refunds for early departures in advance of the scheduled check out date. YOU agree that should a mechanical failure, or other issues make remaining in the PROPERTY impossible, WE shall be given the opportunity to resolve matters and/or relocate YOU to another PROPERTY that may or may not be comparable to or like the original YOU reserved.
43. GLITTER OR PLAY SUBSTANCES. Glitter, silly string, rose petals, and other hard to remove substances are STRICTLY PROHIBITED. Candles may only be burned when in a glass container to prevent wax buildup on furniture and other surfaces. YOUR violation of the terms of this provision can cost YOU up to $200 in additional cleaning fees.
44. VIOLATION OF AGREEMENT TERMS. WE reserve the right to remove YOU from the PROPERTY without refund if YOU violate what WE deem to be serious offenses against OUR Agreement Terms & Conditions.
45. ACCEPTANCE. PARTIES acknowledge that by signing this Agreement, PARTIES accept all terms and conditions set forth in this Agreement.
46. GOVERNING LAW & VENUE. This Agreement is governed by, and shall be interpreted in accordance with, the laws of the State of Georgia, without regard to conflicts of laws and principles. This Agreement shall be enforceable in Fannin County, Georgia, and if legal action is necessary by either PARTY with respect to this Agreement, exclusive venue for the same shall lie in Fannin County, Georgia.
47. CREDIT CARD AUTHORIZATION. YOU agree that the credit card(s) on file may be used to cover additional fees resulting from violations in this Agreement, and that YOUR signature on this Agreement constitutes authorization of these additional charges.
48. SEVERABILITY. In the event any of the provisions of this Agreement are held to be invalid or unenforceable in whole or in part, all other provisions will nevertheless continue to be valid and enforceable with the invalid or unenforceable parts severed from the remainder of this Agreement.
49. AUTHORITY TO EXECUTE AGREEMENT. Each PARTY whose signature appears below represents and warrants that he or she has full authority to execute this Agreement.