This Agreement (the “Agreement”), governed by the laws of the State of Georgia, is entered into between the Rental Property Manager (referred to herein as “We,” “Us,” or “Our”) and the Property Guest Tenant (referred to herein as “You” or “Your”). We and You are collectively referred to as the “Parties” and individually as a “Party.” The dwelling being rented is referred to herein individually as a “Property” and collectively as the “Properties.”
We may modify the terms and conditions of this Agreement (the “Terms & Conditions”) from time to time, and any such modifications shall be effective as of the date they are posted.
Now, therefore, in consideration of the mutual promises and agreements contained herein, the Parties agree as follows:
1. Reservations & Payment.
(a) At booking, You are required to pay an initial deposit of thirty-five percent (35%) of the total reservation price. This advance deposit payment securely holds Your reservation and is applied toward the total rental balance.
(b) Payment must be charged to a valid credit or debit card to secure the reservation.
(c) The remaining balance is due fourteen (14) days prior to Your arrival date. You authorize Us to automatically charge the balance to the card on file unless You contact Our office prior to that date to provide alternate payment.
(d) If Your reservation is booked within fourteen (14) days of arrival, the total reservation amount is due in full at the time of booking.
(e) “Additional Property Use” means any cleaning, repair, maintenance, administrative, or operational services beyond standard turnover that are required as a result of Guest actions, omissions, or violations of this Agreement.
2. Ages of Guest(s) / False Pretenses.
(a) You must be at least twenty-five (25) years of age to book a reservation and must be the principal occupant of the Property.
(b) You are required to provide a valid Driver’s License without blackout redactions through an encryption-secured portal.
(c) Violation of this provision constitutes booking under false pretenses and a material breach of this Agreement, and You may be denied occupancy and/or required to vacate the Property without refund.
3. Date Changes to Reservations.
(a) Changes to reservation dates may result in different pricing due to seasonality and day-of-week variations.
(b) Any approved date changes shall be subject to the rates in effect for the revised dates.
4. Check-In Time.
(a) Check-in is permitted no earlier than 3:00 PM on the scheduled arrival date.
(b) Property smart locks record arrival times.
5. Check-Out Time.
(a) You must vacate the Property no later than 10:00 AM on the scheduled departure date.
(b) You are required to respond to Our checkout text message and provide the requested confirmation information.
6. Notice.
(a) We may provide notices by email, text, phone call, app message, or other reasonable electronic means.
(b) You consent to receive communications through any such method.
7. Cancellations.
(a) Method of Cancellation.
(i) You must cancel by speaking with Our live reservationist or by written email to resinfo@abovetherestcabins.com.
(ii) Cancellation is not effective unless confirmed in writing by Us.
(b) Cancellation Processing Fee.
All cancellations incur a non-refundable $50 fee deducted from any refund.
(c) More Than 14 Days Before Arrival (Non-Holiday).
Full refund less processing fee.
(d) 7–14 Days Before Arrival.
50% refund less processing fee.
(e) 6 Days or Fewer.
No refund.
(f) Holiday Cancellation Windows.
(i) More than 60 days: full refund less fee.
(ii) 30–60 days: 50% refund less fee.
(iii) 30 days or fewer: no refund.
(g) Definition of Holiday Periods.
Holiday rules apply if stay overlaps or occurs within 5 days before or after Thanksgiving or Christmas.
(h) Discretionary Credit in Lieu of Refund.
(i) Credit may be granted at Our sole discretion.
(ii) Credit applies only to same Property.
(iii) Must be used within 6 months.
(iv) Expires automatically if unused.
(m) Travel or Weather Disruptions.
Refund rules apply regardless of transportation or weather events.
(j) Illness or Emergencies.
Personal circumstances do not alter refund eligibility.
(k) Travel Insurance Recommended.
(l) No Partial Refunds for Early Departure or Non-Arrival.
8. Non-Binding Statements.
(a) Only written confirmations issued by Us may modify this Agreement.
(b) You agree not to rely on verbal statements or informal communications.
9. Rental Rates.
(a) Rates are based on seasonal pricing and Property characteristics.
(b) Rates include up to four (4) adult occupants.
(c) Each adult in excess of four (4) is subject to an additional per-night, per-adult fee, as disclosed on the Property listing and on the checkout page at the time of booking.
(d) Children under 13 are free.
(e) Rates in effect at booking are honored.
10. Property Security Cameras.
(a) Exterior cameras may monitor driveways and entrances for security.
(b) Cameras are visible and disclosed in listings and/or signage.
(c) Tampering with cameras constitutes vandalism.
(d) Violations may result in a $500 security violation fee, eviction, and forfeiture of rent.
11. Roads.
(a) Mountain roads may be steep, narrow, gravel, or uneven.
(b) Certain Properties may require suitable vehicles.
(c) You are responsible for reviewing access notes and vehicle suitability.
(d) We are not liable for access difficulties or towing costs.
12. Advising Against Trailers.
(a) Most Properties cannot accommodate trailers.
(b) Guests are responsible for alternative parking arrangements.
13. Occupancy.
(a) Reservation pricing is based on declared occupancy.
(b) Day guests must leave by 11:00 PM.
(c) Additional overnight guests must be reported.
(d) Failure to report results in a $150 occupancy violation fee plus applicable nightly guest fees.
14. Damage Protection.
(a) Accidental damage is covered if reported before departure.
(b) Insurance does not cover intentional or negligent damage.
(c) Excess or uncovered damage may be charged to the card on file.
15. 7th Night Free Discount.
(a) Discount may not be split across more than one Property in one continuous 7-night sequence.
16. Linens, Towels, Robes.
(a) Linens are inventoried and tracked.
(b) Towels may not be used for outdoor or cleaning purposes.
(c) Robes are Property-only items.
(d) Missing or damaged items may be charged up to $400 each.
17. Household Supplies & Starter Amenities.
(a) Starter supplies are not replenished.
(b) Cleaning supplies may not be removed.
(c) Charges may apply for missing items.
18. Departure Guidelines.
(a) Property must be left tidy and undamaged.
(b) Conditions requiring Additional Property Use, including excessive cleaning or repairs, may incur additional fees.
19. Trash Disposal.
(a) Trash must be bagged and placed in outdoor bins.
(b) Locking bins must be secured.
(c) Failure to comply constitutes Additional Property Use and may result in a $50 fee.
20. Pets.
(a) Pet-friendly Properties allow up to two pets with an added fee.
(b) Additional pets may incur additional fees of up to $300.
(c) Pets in non-pet Properties may incur additional fees of up to $500 plus remediation costs.
21. Controlling Pets.
(a) Pets must be housebroken and pest-free.
(b) Pet hot tub access is prohibited.
(c) Damage or infestation will incur fees.
22. Leashing Pets Outdoors.
(a) Pets must be leashed outside.
(b) Waste must be cleaned promptly or fees apply.
23. Owner’s Closet.
(a) Locked closets are off-limits.
(b) Entry may incur fees of up to $500 plus damages.
24. Interferences.
(a) Service access may be required.
(b) No refunds for uncontrollable events.
(c) No discounts or concessions apply.
25. Right to Substitute Property.
(a) Relocation may occur due to unsafe conditions.
(b) The substitute Property may, if available, be an upgraded Property at no additional cost.
(c) The provisions of Section 24 (Interferences) shall apply to any such relocation.
26. Repairs & Service Calls.
(a) Mechanical failures may occur.
(b) You must notify Us promptly.
(c) You may not call service providers.
(d) Unnecessary service calls constitute Additional Property Use and will be billed at the service cost plus fifteen percent (15%).
27. Internet.
(a) Speeds vary and are disclosed in listings.
(b) You are responsible for reviewing before booking.
28. Power Outages.
(a) No refunds apply.
(b) Power company is notified automatically.
(c) Emergency line available if needed.
29. Right of Entry.
(a) Entry may occur for inspections or repairs.
(b) Notice will be provided when reasonable.
30. Gas Log Fireplaces.
(a) No foreign objects allowed.
(b) Seasonal operation only.
(c) Violations may incur up to $2,500 or replacement cost.
31. Wood-Burning Fireplaces.
(a) Firewood not provided unless purchased.
(b) No summer indoor fires.
(c) Violations may incur up to $500 plus damages.
32. Fire Pits.
(a) Only designated pits may be used.
(b) Burn bans must be observed.
(c) Violations may result in eviction and additional fees.
33. Hot Tubs.
(a) Rules must be followed.
(b) No objects or products allowed.
(c) Violations may incur up to $300 plus repairs.
34. Furnishings.
(a) Furniture must not be moved.
(b) Rearranging furnishings constitutes Additional Property Use and may incur a fee of up to $150.
35. Non-Smoking.
(a) Smoking only allowed outdoors where permitted.
(b) Indoor smoking may incur a fee of up to $350.
36. Indemnification and Hold Harmless. You acknowledge and agree that You are solely responsible for any injury, death, loss, or damage to persons or property arising out of or relating to Your occupancy of, presence at, or use of the Property and surrounding premises, including but not limited to members of Your party, invitees, and guests. To the fullest extent permitted by law, You agree to defend, indemnify, and hold harmless Us, the Property Owner, and Our respective members, managers, officers, employees, contractors, agents, affiliates, and representatives from and against any and all claims, demands, causes of action, damages, losses, liabilities, judgments, penalties, fines, and expenses (including reasonable attorneys’ fees and court costs) arising out of or related to:
(a) Your stay at or use of the Property or surrounding areas;
(b) Any act or omission by You or any member of Your party or invitees;
(c) Any breach of this Agreement by You or Your party; or
(d) Any injury, death, or property damage occurring during Your reservation period, except to the extent caused by Our gross negligence or willful misconduct.
This indemnification obligation shall survive the termination or expiration of this Agreement and Your departure from the Property.
37. Disruptive Behavior, Firearms, Fireworks.
(a) No parties, excessive noise, or speeding.
(b) Firearms discharge prohibited.
(c) Explosive fireworks strictly prohibited.
(d) Violations result in immediate eviction without refund.
38. Alcohol & Illegal Drugs.
(a) Alcohol limited to legal-age persons.
(b) Illegal drugs result in termination without refund.
39. Smart TVs.
(a) You must log out of personal accounts.
(b) We are not responsible for unauthorized purchases.
40. Wildlife & Insects.
(a) Mountain wildlife is expected.
(b) No refunds or discounts apply.
41. Inclement Weather.
(a) Arrival or departure may be delayed.
(b) Extra nights may incur additional charges.
(c) You are responsible for monitoring weather forecasts.
42. Early Departures.
(a) No refunds apply.
(b) We may attempt relocation if needed.
43. Glitter or Play Substances.
(a) Glitter and similar substances are prohibited.
(b) Violations constitute Additional Property Use and may incur cleaning fees of up to $200.
44. Violation of Agreement Terms.
(a) Serious violations may result in eviction without refund.
45. Acceptance.
(a) Checkbox acknowledgment constitutes acceptance of all terms.
46. Governing Law & Venue.
(a) Governed by Georgia law.
(b) Exclusive venue in Fannin County, Georgia.
47. Credit Card Authorization.
(a) Card on file may be charged for all fees, charges, remediation costs, and damages resulting from violations of this Agreement.
(b) Acceptance of this Agreement constitutes authorization to charge the credit card(s) on file as permitted under these Terms & Conditions.
48. Severability.
(a) Invalid provisions do not affect remainder.
49. Authority to Execute Agreement.
(a) You warrant authority to bind all Your Property occupants.