Great Mountain Cabin Rentals
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.
Real Estate Agency: Great Mountain Properties, Inc Timothy R. Noland (“Agent”)
Address: 10886 Old Hwy 64 Brasstown, NC 28902
Unit property address:
Agent, as agent of the owner, hereby rents to Tenant, and Tenant hereby rents from Agent, the vacation property described below (referred to hereafter as the “Premises”) on the terms contained in this Agreement.
1. Premises. Unit:
2. Rent. Tenant agrees to pay for the Premises financial terms below in accordance with paragraph 3 below.
3. Financial terms. Total payment plus tax:
NOTE: Tax rates are calculated as of the time of this Agreement. Tenant shall be responsible for payment of all applicable taxes according to rates in effect at the time of occupancy.
4. Disbursement of Rent and Third-Party Fees. Tenant authorizes Agent to disburse up to fifty percent (50%) of the rent set forth in paragraph 3 above to the owner (or as the owner directs) prior to Tenant’s occupancy of the Premises, and the balance of the rent upon the commencement of the tenancy, a material breach of this Agreement by Tenant, or as otherwise permitted under the Vacation Rental Act. Tenant agrees to pay a $35.00 processing fee for any check of Tenant that may be returned by the financial institution due to insufficient funds or because Tenant did not have an account at the financial institution. Tenant also authorizes Agent to disburse prior to Tenant’s occupancy of the Premises any fees owed to third parties to pay for any goods, services, or benefits procured by Agent for the benefit of Tenant, including but not limited to any fees set forth herein payable to Agent for reservation, transfer or cancellation of Tenant’s tenancy.
5. Security Deposit. Any security deposit provided for in paragraph 4 above may be applied to actual damages caused by Tenant as permitted under the Tenant Security Deposit Act. In addition, Agent may deduct from the security deposit the amount of any unpaid long distance or per call telephone charges and cable television charges that are not specifically described in this Agreement (including any addendum hereto) as being included with the Premises. Agent shall apply, account for, or refund Tenant’s security deposit within 45 days following the end of the tenancy. As a part of your stay, you may purchase a Vacation Rental Damage Protection plan designed to cover unintentional damages to the rental unit interior that occur during your stay provided they are disclosed to management prior to check-out. If purchased, the policy will pay a maximum benefit of $1500.00. Any damages that exceed $1500.00 or are not covered under the plan will be charged to the credit card on file. If, during your stay at one of our rental properties, an insured person causes any damage to real or personal property of the unit as a result of inadvertent acts or omissions, the Insurer will reimburse the Insured for the cost of repair or replacement of such property up to a maximum benefit of $1500.00 Certain terms and conditions apply. The Vacation Rental Damage plan can be purchased up to, and including at, check-in. By submitting payment for this plan, you authorize Great Mountain Properties, Inc. any amount payable under the terms and conditions of the Vacation Rental Damage. Please contact Great Mountain Properties, Inc. directly if you do not wish to participate in this assignment. In the event you do not wish to purchase this plan, a $250-$500.00 security deposit is required.
6. Trust Account. Any advance payment made by Tenant shall be deposited in a trust account with Nantahala Bank located at 86 Hiwassee St, Murphy, NC 28906. Tenant agrees that any advance payment may be deposited in an interest-bearing trust account and that any interest thereon shall accrue for the benefit of, and shall be paid to, the owner (or as the owner directs) as it accrues and as often as is permitted by the terms of the account.
7. Tenant Duties. Tenant agrees to comply with all obligations imposed by the Vacation Rental Act on Tenant 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; and notifying Agent in writing of the need of replacement of or repairs to a smoke detector, and replacing the batteries as needed during the tenancy. Tenant agrees not to use the Premises for any activity or purpose that violates any criminal law or governmental regulation and may use the Premises for residential purposes only. Tenant’s breach of any duty contained in this paragraph shall be considered material and shall result in the termination of Tenant’s tenancy.
8. Occupancy Limits. Unless otherwise stated, occupancy of the Premises shall be limited to two persons per bedroom, including family, children and Tenant guests. Bedding arrangements in the Premises are portrayed only to illustrate possible sleeping arrangements and may not be taken as a representation of permitted occupancy. Tenant agrees to be responsible for ensuring that maximum permitted occupancy of the Premises is not exceeded during the term of this Agreement and should contact Agent with any questions regarding permitted occupancy of the Premises.
9. Agent Duties. Agent agrees to provide the Premises in a fit and habitable condition. If at the time Tenant is to begin occupancy of the Premises, Agent cannot provide the Premises in a fit and habitable condition or substitute a reasonably comparable property in such condition, Agent shall refund to Tenant all payments made by Tenant. Agent shall conduct all brokerage activities regarding this Agreement without respect to the race, color, religion, sex, national origin, handicap, familial status, sexual orientation or gender identity of any tenant.
10. Cancellation. In the event of a cancellation by Tenant, Tenant shall receive a refund of all payments made by Tenant, less an administrative fee of $50.00 if the Premises are re-rented on the terms set forth herein. If the Premises are not re-rented on the terms set forth herein, Tenant will not be entitled to a refund of any rent payment made hereunder. If you cancel more than 30 days before the beginning date blocked for your arrival the penalty is $50. Whether or not the Premises are re-rented, Tenant, rather than Agent, shall be responsible for seeking reimbursement of any fees paid by Tenant to Agent for goods, services, or benefits procured by Agent from third parties for the benefit of Tenant that may have been paid out prior to Tenant’s cancellation. If you booked through VRBO, or Airbnb the VRBO or Airbnb cancellation policy will go into effect. Written documentation is required to cancel any reservation. Documentation must be submitted by the person who reserved the cabin and contain the reservation #. This should be done via an email to email@example.com. REFUNDS: There will be no refunds or compensation for: acts of God, Mother Nature (i.e. ice, snow), acts of war or government agencies, road maintenance or repair, gas shortages, power outages, television or phone outages, internet outages or water interruption/outage.
11. Transfer of Premises. (a) If the owner voluntarily transfers the Premises, Tenant has the right to enforce this Agreement against the grantee of the Premises if Tenant’s occupancy under this Agreement is to end 180 days or less after the grantee’s interest in the Premises is recorded. If Tenant’s occupancy is to end more than 180 days after such recordation, Tenant has no right to enforce the terms of this Agreement unless the grantee agrees in writing to honor this Agreement. If the grantee does not honor this Agreement, Tenant is entitled to a refund of all advance rent paid by Tenant (and other fees owed to third parties not already lawfully disbursed). Within 20 days after transfer of the Premises, the grantee or the grantee’s agent is required to: (i) notify Tenant in writing of the transfer of the Premises, the grantee’s name and address, and the date the grantee’s interest was recorded; and (ii) advise Tenant whether Tenant has the right to occupy the Premises subject to the terms of this Agreement or receive a refund of any payments made by Tenant. However, if the grantee engages Agent to continue managing the Premises after the transfer, the grantee shall have no obligation under (i) or (ii) above if this Agreement must be honored under the Vacation Rental Act or if the grantee agrees in writing to honor this Agreement. (b) Upon termination of the owner’s interest in the Premises, whether by sale, assignment, death, appointment of a receiver or otherwise, the owner, owner’s agent, or real estate agent is required to transfer all advance rent paid by Tenant (and other fees owed to third parties not already lawfully disbursed) to the owner’s successor-in-interest within 30 days, and notify Tenant by mail of such transfer and of the transferee’s name and address. However, if Tenant’s occupancy under this Agreement is to end more than 180 days after recordation of the interest of the owner’s successor-in-interest in the Premises, and the successor-in-interest has not agreed to honor this Agreement, all advance rent paid by Tenant (and other fees owed to third parties not already lawfully disbursed) must be transferred to Tenant within 30 days.
12. 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. However, Tenant will not be entitled to a refund if, prior to taking possession of the Premises: (i) Tenant refused insurance offered by Agent that would have compensated Tenant for losses or damages resulting from loss of use of the Premises due to a mandatory evacuation order, or (ii) Tenant purchased such insurance from Agent.
13. Expedited Eviction. If the tenancy created hereunder is for 30 days or less, the expedited eviction procedures set forth in the Vacation Rental Act will apply. Tenant may be evicted under such procedures if Tenant: (i) holds over in possession after Tenant’s tenancy has expired; (ii) commits a material breach of any provision of this Agreement (including any addendum hereto) that according to its terms would result in the termination of Tenant’s tenancy; (iii) fails to pay rent as required by this Agreement; or (iv) has obtained possession of the Premises by fraud or misrepresentation.
14. Indemnification and Hold Harmless; Right of Entry; Assignment. Tenant agrees to indemnify 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, or the failure of Agent or the owner to comply with the Vacation Rental Act. Tenant agrees that Agent, the owner or their respective representatives may enter the Premises during reasonable hours to inspect the Premises, to make such repairs, alterations 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.
15. Pets. Unless otherwise specifically permitted in this Agreement (including any addendum hereto), no pets shall be allowed on the Premises. Tenant’s breach of this provision shall be considered material and shall result in the termination of Tenant’s tenancy. If you choose to bring your pet, there will be a fee noted in section 3 as a “pet fee”. All pet friendly homes will only accept dogs. No cats allowed. If pets are brought to a non-pet friendly property a fee of no less than $300 will be charged to card on file, as well as the standard pet fee and additional cleaning charges. Dogs must weigh less than 40 lbs each. Only dogs 2 years and older are permitted in pet friendly cabins. Individual owners determine whether they want to welcome pets into their cabins, and we cannot permit pet’s access to cabins that are not deemed pet friendly. Pets are NOT permitted in the hot tub. Guests agree to pay no less than $100.00 cleaning fee if pet gets into the hot tub plus the cost of a new hot tub filter. Pets MUST BE COMPLETELY HOUSE BROKEN! WELL BEHAVED AND PEST FREE! Pets are NOT allowed on any of the beds or furniture. Guests will be charged an additional cleaning fee of no less than $50.00 if pet hair causes a delay in cleaning service. Guests agree they will NOT use any linens or towels on pets. Guests agree to bring pets crate and bedding for their pets. While Guests are away from the cabin, guests will be sure that pet is secured in a pet carrier and NOT left to wander inside the cabin, screened porch or outside. If pets have an accident in cabin, clean-up will be performed by the Guests. Guests further agree to police waste from the grounds and deposit in a plastic bag and placed in outside garbage cans. Guests agree that failure to comply with clean-ups of either inside cabin or outside cabin will result in an additional cleaning charge of not less than $50.00. Should damage to the cabin, grounds or furnishings (including linens) or flea infestation occur, the guest is responsible for said charges up to and beyond the pet security deposit and will be charged to the credit card placed for pet deposit. If the credit card does not cover these charges guests will make arrangements with Great Mountain Properties for replacing and/or repairing the damages. These charges include the time involved by Great Mountain Properties in correcting, clean up, fumigation, replacement, repair of said damages. Guests agree to be always in full control of their pets and take full responsibility for their pet’swell-being. If any of these Pet Policy items are not met, guests are in violation of the Agreement/Contract. Guests agree that by signing this Agreement/Contract, they are authorizing Agents to charge guests credit card on file for any damages sustained. All dogs must be crated when they are unattended. Please place a blanket under the crate to be sure that the dog does not scratch while you are away. All waste from the dog must be cleaned up and disposed of this includes on the decks and ground that surround the property. Ineligible breeds include but are not limited to Akita, American Staffordshire, Chow, Doberman Pinscher, Pit Bull, Presa Canario, Rottweiler, Wolf hybrid or any dog that is a mix that includes one or more of the breeds listed above. I understand I will be in a generally forested area and may encounter wildlife, I should not approach wildlife. Also, I am aware there are no leash laws in the area and as a result I may see pets and strays, I should not approach pets or strays or feed them. Great Mountain Properties, Inc. has no control over presence of wildlife or pets & strays and assumes no liability.
16. Other Terms and Conditions. CLEANING FEE: All reservations include a cleaning fee; however, the charge of this fee DOES NOT entitle Guest to leave the cabin or hot tub in an unsanitary condition. Guest must follow all check out policies, failure to do so will result in additional cleaning charges billed to Guest credit card on file with the office. All cabins are NON-SMOKING. Smoking or VAPING is NOT permitted inside the cabin. All cigarette butts must be picked up from cabin grounds, fully extinguished, bagged, and placed in the outside trash can. Evidence of smoking inside a cabin will result in a $300 fee to cover a thorough cleaning of upholstery, bedding, carpets and any other areas of smoke smell or discoloration. Pets are allowed in cabin that are designated as Pet Friendly cabins and will have a pet fee in paragraph 3. No children shall be left unattended at any time. Guest understands the cabin is not child proof and extreme caution must be used, including but not limited to the parent or legal guardian monitoring the child(ren) when children are occupying the premises, playing outside, or in or around the hot tub. Use of river, creeks, ponds, lakes, tire swings or any other outdoor activity is at the guests own risk. If the cabin and/or hot tub is found in highly unsanitary condition and deep clean charge of $250 will be charged to your card on file. Upon check out guests are required leave the home in the same condition as when they arrived. Guests must pull the comforters of the beds used, gather up all the dirty towels, place both the linens and towels in front of the washer and dryer and start the first load of laundry. Clean the grill if used. Load all the dirty dishes into the dishwasher and start the dishwasher or hand wash. Gather up all the trash and place in the outside trash cans. If these things are not complete a fee of $50 will be charged.
CHECK-IN TIME: Check in time is 4:00pm EST. Agent will use every resource available to have the property ready for Guest occupancy at noted check-in time, however; Agent cannot guarantee the exact time of occupancy due to possible previous rentals resulting in possible cleaning conflicts out of Agents control. Guests who utilize onsite check in cannot arrive at property before 4:00pm check in time. Failure to wait until established check in time to access property without prior written consent from Agent will result in additional charges in the amount of an additional night’s stay and taxes to the Guest credit card.
LOST GUESTS: Great Mountain Properties, Inc. cannot be held responsible for Guests being unable to find their rental unit or rental office. No refunds or rebates will be offered.
PAPER PRODUCTS: Great Mountain Properties, Inc. provides an initial supply of paper products, soaps, detergents, and trash bags for Guests convenience. Guest should bring additional paper products, dishwasher detergent, bath soap, trash bags, and laundry detergent.
CHECK-OUT TIME: Check out is at 10:00am. Guest agrees that an unapproved late checkout will be assessed in an amount equal to one-half the nightly rental fee for each 20-minute period past 10:00AM. Check-out is strictly enforced so that the Agent has adequate time to prepare the rental property for the next scheduled Guest. Failure to vacate the property by check out time without prior written consent from Agent, or the return of any member of the Guest party to the property after checking out will result in additional charges in the amount of an additional night’s stay and taxes to the Guest credit card.
CHECK OUT INSTRUCTIONS: Please follow all check-out instructions provided to you at check in and posted inside the property. Property should be left neat and in proper order upon check out. All trash should be BAGGED and left inside the exterior trash bin, DO NOT leave trash scattered throughout cabin or put un-bagged trash into trash bin. If Guest departs early, shorten rental term without the required notice, arrive late, or reschedule due to inclement weather no refund will be given.
17. Governing Law; Venue. The parties agree that this Agreement shall be governed by and construed in accordance with the laws of the State of North Carolina, and that in the event of a dispute, any legal action may only be instituted in the county where the Property is located.
18. Addenda. Any addenda to this Agreement are described in the following space and attached hereto: Tenant agrees that Tenant has received and read any such addenda, and that they shall constitute an integral part of this Agreement.
Addenda A: Great Mountain Properties, Inc. reserves the right to refuse rental to any individual or group. Additional Security Hold required based on size of group at each property used for group rental. Agent requires a group leader and/or chaperone is always present with group while at a cabin. Noise is to be kept at a reasonable level. At Great Mountain Properties discretion, a security service may be required to patrol property neighborhood during rental term. Agent will attempt to notify Guest if this becomes necessary and group will be charged for this service at $150 per night per cabin. In the event any complaints are received about the group as a whole or about any individual within the group Guest will receive a warning from the Agent or could face possible eviction from the cabin depending on the offense. Continued complains will result in eviction without refund. The group is responsible for any damage to the cabin incurred by any member or guest. If damage occurs Guest will be charged not only for the repairs/replacements but also for any refunds or adjustments that Agent is forced to make to other guests due to the behavior or negligence of the group. The amount involved is totally separate from the rental fee and Guest gives full authorization to charge credit card on file or agree to provide Agent with payment via other means if card declines.
THE NORTH CAROLINA ASSOCIATION OF REALTORS, INC. MAKES NO REPRESENTATION AS TO THE LEGAL VALIDITY OR ADEQUACY OF ANY PROVISION OF THIS FORM IN ANY SPECIFIC TRANSACTION. USE OF THIS FORM IS NOT INTENDED TO IDENTIFY THE USER AS A REALTOR.