Terms and ConditionsTHIS AGREEMENT (the "Agreement”), governed by the laws of the State of Georgia, is hereby effective on the date of its digital publication on the Above The Rest Cabin website (referred as “EFFECTIVE DATE”) by and 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.” 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 digitally posted on OUR website page under the top main option labeled ‘CABINS,’ or any successor page. It shall be YOUR responsibility to read OUR posted Terms & Conditions prior to YOUR arrival even after receiving and eSigning this Agreement, which is often sent much earlier depending on YOUR initial payment. WE shall provide YOU notice (in accordance with Section 3 below) of material modifications.
NOW THEREFORE, in consideration of the following terms, covenants, conditions, limitations and mutual promises expressed in this Agreement, PARTIES agree as follows:
1. BOOKING RESERVATIONS. YOU must be twenty-five (25) years of age or older to book a property from US. Other age conditions may apply (see #2 for details). At time of booking, YOU are required to pay an initial deposit in the amount of thirty-five percent (35%) of the total night stays price. This advance deposit payment is applied against the total rental balance. Payment must be charged on a valid credit or debit card to hold the reservation as security. The balance is due 14 days prior to YOUR reserved arrival date. If a last-minute booking is available, the total amount is due at booking.
2. AGES OF GUEST(S) / FALSE PRETENSES. YOU must be twenty-five (25) years of age or older to book a reservation and be the principal occupant of the cabin. Some cabins require a minimal age of twenty-eight (28) years. YOU are responsible for reading specific details on the cabin’s landing website page addressing age. Violation of this provision constitutes a rental under False Pretenses and therefore terminates this Agreement. YOU will be asked to vacate the property without refund.
3. 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 forementioned means.
4. NON-BINDING STATEMENTS. Unless memorized in digital or paper correspondence 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 source of statement.
5. RENTAL RATES. OUR cabin rentals 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 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 cabin size, views, amenities, and permitted number of arriving guests.
6. CHECK-IN TIME. YOU are permitted to check into the property no earlier than 3:00 P.M. or any time thereafter on the Arriving date.
7. CHECK-OUT TIME. YOU must vacate the property no later than 10:00 A.M. on the Departing date.
8. INITIAL DEPOSITS/PREPAYMENTS. YOUR initial RESERVATION DEPOSIT/PREPAYMENT IS NON-REFUNDABLE. Reservations made within 14 days of arrival must be paid in full and IS NON-REFUNDABLE.
9. PROPERTY SECURITY CAMERAS. YOU are renting the property from a private owner. Many of the properties WE rent have legally placed security camera(s) trained only on common areas like walkways, 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.
10. ROADS. Mountain roads are curvy, vary greatly 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 seeking to chase waterfalls, explore off the beaten path or remote areas.
11. ADVISING AGAINST TRAILERS. WE strongly advise against towing trailers or any other platform behind vehicles YOU bring to the mountains. Mountain roads are narrow, curvy, vary greatly in altitude from one mile to the next, are often gravel and even sometimes rocky and/or choppy. Moreover, most if not all OUR cabin properties do not provide enough driveway turning radius to accommodate towing sizable platforms behind YOUR vehicle. 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.
12. OCCUPANCY. OUR quote is tied to the number of people YOU claim will stay at the cabin. YOU must notify US of any additional Day Guests or Guests staying overnight. Day Guests are required to leave by 7:00 p.m. Voluntarily reporting additional overnight guests will only cost an extra $10 to $20 dollars per person/per night depending on cabin size. The additional fee will be charged to the credit card WE have on file. Failure to notify US of any additional Guests will result in a $50 fee person/per night. Understand, OUR cabin owners are opening their personal residence for YOUR use. Many of OUR cabin owners have cameras trained on the driveway (see Section 9). Honesty will cost YOU less.
13. ESSENTIAL SERVICES FEE. An Essential Services Fee of $30 is added to each visit for Card Processing, After-Visit Trash Pickup/Removal, 24/7 Hotline, and one (1) Lock-Out Rescue Dispatch. Extended stays of fourteen (14) days or more shall be charged an additional $30 and every 7 days thereafter.
14. CANCELLATIONS. To cancel a reservation, YOU must notify US by speaking to OUR live reservationist or sending an email to US at [email protected] Cancellations are not considered complete until YOU receive a cancellation confirmation email from US. Cancellation of an existing reservation within fourteen (14) days of the arrival date is non-refundable. If YOU cancel a reservation outside fourteen (14) days of the arrival date, YOUR initial deposit is retained by US. YOU can apply YOUR initial deposit towards any future stay at any of OUR cabin properties for up to nine (9) months. YOU have up to two (2) additional cancellation episodes within YOUR initial nine-month window before forfeiting YOUR entire deposit.
15. 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 up to $3,000 to repair accidental damages (beyond normal wear and tear). If damages surpass $3,00.00, additional charges to satisfy any balance due shall 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 may be voided on the grounds of 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 any 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 PROTECTION.
16. PROPERTY OCCUPANCY. The property and premises shall be left in tidy, undamaged condition. Failure to do so constitutes increased use of cabin and additional fees may apply.
17. TRASH DISPOSAL. WE provide YOU ten (10) 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 cabin use and a $50.00 fee can be charged. Grocery bags are not acceptable disposal containers unless they are inserted into the larger kitchen trash bags.
18. PET(S). For pet friendly cabins, Pet Fees are tied to the stated number of pet(s) YOU bring. Additional pets found on the property will cost YOU $25/per day/per pet. If YOU bring unreported pets to non-pet friendly cabins, YOU agree to pay up to $295.00 dollars in fines. Pets are not permitted in the hot tub, on furniture or on beds unless furniture/top of bed is FULLY protected from pet hair using sheets/blankets YOU bring. YOU will incur additional cleaning fees for the remediation of pet hair/fleas/dirt if these terms are violated.
19. CONTROLING PETS. Pets in the hot tub is 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 cabin use and YOU can be charged up to $350 for restoring the home to pre-altered conditions.
20. 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 and kill unleashed pets.
21. OWNER'S CLOSET. Rental units have a 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 cabin use and extra fees up to $250 can be charged to repair locks, plus the cost to replace missing items.
22. INTERFERENCES. Neither the Cabin Owner nor WE shall be liable for events beyond OUR or Cabin 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, inclement weather, or construction and/or nearby noises. Therefore, NO DISCOUNTS, REBATES, CONCESSIONS OR REFUNDS will be offered.
23. REPAIRS & SERVICE CALLS. WE cannot guarantee against spontaneous or otherwise mechanical failures, and 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 cabin, YOU are responsible for payment of services rendered. Every effort to repair or replace defective items, efficiently and in a reasonable time, shall be made. No refunds will be given for any failure of mechanical items or units on the property. Service calls resulting from neglect or misuse by YOU, or service calls found unnecessary, resulting in no repairs, constitutes additional cabin use and extra rental fees can be charged in the amount of the service call plus 10%.
24. POWER OUTAGES. YOU are renting a private residence in the mountains. Sometimes power failures occur and rarely last more than an hour or two unless more sever conditions prevail. WE have no control over, nor are WE responsible for, these infrequent occurrences. Moreover, YOU acknowledge and agree that YOU are not entitled to any discount nor refund if outages occur. If an outage occurs in YOUR rental, report it to US on OUR Emergency Hotline number. WE will then report the outage to the affiliated Power Company and provide YOU with incremental updates IF the outage is prolonged and WE have reasonable means to contact YOU. YOUR cabin lock is battery powered and will always work without cabin electricity. Do not contact us when power is restored. WE will already know YOUR status when the cabin smart lock connects back online.
25. 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 do so without YOUR permission. WE shall make reasonable attempts to notify YOU when service and/or repair entry is to take place.
26. GAS LOG FIREPLACES. No other item besides gas logs shall be burned in gas log fireplaces. It is unacceptable to use gas log fireplaces for the purpose of roasting marshmallows or preparing any food item. Doing so constitutes additional cabin use and extra rental fees up to $295 will be charged, plus replacement cost of the unit should it be irreparably damaged. Gas log fireplace use is seasonal and gas supply may be turned off by US during the off-season.
27. WOOD BURNING FIREPLACES. Wood burning fireplaces are seasonal (Oct 1-May 30) and WE provide firewood during this time. No indoor fires are permitted in summer (extra cleaning fees will apply). No fire will be left unattended, and no other items (charcoal, accelerants, etc.) will be burned in wood log fireplaces. Do not roast marshmallows in fireplaces. Violating any of these provisional terms constitutes additional cabin use and extra fees up to $295 will be charged to YOUR credit card on file.
28. FIREWOOD. Wood is provided for YOUR use with the understanding that normal wood consumption is 8-12 pieces per day. If YOU exceed normal wood consumption, YOU will be billed at $120.
29. FIREPITS. WE shall provide YOU firepit-type firewood for all properties with outdoor firepits. No firepits shall be constructed on properties that do not have them. No outdoor fires of any kind shall be permitted outside of existing firepits. YOU are prohibited from using an outdoor firepit 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 authority shall have the right to immediately dismiss YOU from the property without any refund if YOU use firepits during an active burn ban advisory. Violating these provisional terms can cost YOU up to $350.
30. HOT TUBS. YOU are required to comply with the12 Hot Tub Rules placed in the cabin guidebook and/or other designated and obvious places. Following these12 Rules helps maintain water quality and prevent a cloudy hot tub. YOU and YOUR party must shower before entering the hot tub. Lotion, perfume, hair product, and make up can harm tub internal functions, also disturbing water clarity and chemical balance. YOU are prohibited from bringing or adding any objects to the hot tub including but not limited to glass items, beer cans, wine bottles, suntan or moisturizing lotion, exotic creams, toys, soap, bubble bath, etc. Lids MUST be always kept on the hot 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 just a few days due to not showing before use. YOU can be charged up to $350 plus all repair costs by violating any portion of this provision and/or the 12 Hot Tub Rules.
31. FURNISHING/FURNITURE. All cabin furnishings or furniture are arranged by the property owner in particular places. Moving furniture could damage floors and the furniture. Rearranging furnishings constitutes additional cabin use, and WE have can charge YOU up to $150 in extra fees to restore furnishings to their original arrangement.
32. NON-SMOKING. Smoking is only permitted on decks WITH ALL HOUSE DOORS/WINDOWS CLOSED. Be aware some cabins do not even permit smoking on the premises. Cigarette and cigar butts must be properly and safely disposed. Smoking in the cabin and/or tossing cigarette butts on the property constitutes additional cabin use, and therefore WE can charge YOU up to $350.00 in extra fees.
33. INDEMNIFICATION AND HOLD HARMLESS. YOU shall 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.
34. 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 vacating the property immediately without refund. EXPLOSIVE FIREWORKS ARE 100% PROHIBITED, 100% OF THE TIME.
35. 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.
36. 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.
37. BEARS, DEER, CRITTERS, INSECTS. 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. WE do not provide refunds for the presence of mountain creatures.
38. INCLEMENT WEATHER. Should a snowstorm or other extreme weather conditions assessed by national weather experts advising against travel, prevent YOU from reaching or accessing the cabin, WE have a right to delay YOUR arrival for several hours while WE attempt to assess and/or remedy circumstances. Or YOU may reschedule YOUR stay and apply any monies paid to booking a future stay at any of OUR cabins. Likewise, if a snowstorm or other extreme weather conditions assessed by national weather experts advising against travel, prevents YOU from leaving the cabin, WE can authorize delaying YOUR departure for a few 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 aware of forecasts that surround YOUR travel dates and be prepared/equipped for extreme mountain weather during any given season.
39. 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 situation makes remaining in the cabin impossible, WE shall be given the opportunity to resolve the issue and/or relocate YOU to another available cabin that may or may not be comparable to or like the original cabin YOU reserved.
40. 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 build up on furniture and other surfaces. YOUR violation of the terms of this provision can cost YOU up to $200 in additional cleaning fees.
41. CLEANING SUPPLIES. WE provide basic cleaning supplies for cabin use only. Supplies are not to be taken when YOU leave. WE may charge YOU up to $75 if YOU removed these items from the cabin.
42. CHANGES TO RESERVATION DATES. YOU may incur a $50 surcharge if YOU make changes to a reservation within 2 weeks of YOUR arrival date.
43. 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 the Terms & Conditions of this Agreement.
44. ACCEPTANCE. PARTIES acknowledge and understand that by making any initial deposit payments for booking a property WE provide, PARTIES accept the terms and conditions set forth in this Agreement.
45. 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 same shall lie in Fannin County, Georgia.
46. 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.
47. 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.
48. AUTHORITY TO EXECUTE AGREEMENT. YOU represents and warrants that by booking a reservation and making an initial payment, YOU are full authority to consent to and execute this Agreement.