This Short Term Rental Agreement (the “Agreement”) is made by and between Elk Springs Resort Cabin Rentals LLC “Rental Agent” and (_______________) (“Guest”) for the short term rental of (_____________) by Rental Agent to Guest. For good and valuable consideration, the sufficiency of which is acknowledged, the parties hereby agree to the following terms and conditions:
1. RESERVATION POLICY: The first night rental amount plus a non-refundable reservation fee is required to secure a reservation. The remaining balance of the reservation (i.e. the remaining rent amount and all other charges) will be charged to the credit card provided 14 days prior to arrival, unless earlier approval is authorized by Guest. Reservations made 14 days or less prior to arrival must be paid in full at the time of booking. You must be at least 21 years old to rent a rental property. A photo ID is required to be presented to Rental Agent upon arrival. Rental Agent reserves the right, in its discretion, to refuse rental to any individual or group. It is a crime to obtain this rental property under false pretenses. Guest hereby agrees that during your stay in the rental property, you and your guests shall not disturb or offend neighbors. Rental Agent reserves the right to terminate this Agreement and remove disruptive guests from the rental property with no refund. Rental Agent must receive a signed copy of the Rental Agreement prior to check-in. Rental Agent reserves the right, in its discretion, to move your reservation to a comparable rental property if necessary due to a problem with the original rental property. Rental rates and specials may change, but you agree to be bound by the rates in effect at the time of reserving the rental property. The Guest named on the reservation shall be the point of contact concerning the reservation and all communications concerning the reservation (even after departure), shall only be with such Guest.
2. PROPERTY DESCRIPTION: Every rental property is privately owned and reflects that individual owner’s tastes. It is the responsibility of the Guest to ensure that this property meets their requirements for space, accommodations, physical condition and amenities.
Rental Agent makes every effort to assure that all descriptions and representations from our staff, in our brochure, and our internet site are accurate. However, we are not responsible for printing errors, computer errors, or changes made by the owners in furnishings or amenities. Prices, amenities, specials, and / or minimums are subject to change with or without notice.
3. OCCUPANCY: Guest agrees that the maximum occupancy of (_____) shall not be exceeded at any time. Occupancy count includes children of all ages and guests of Guest. Groups, including but not limited to, high school and college aged people, house parties organized to celebrate graduation, proms, youth groups, fraternity, sorority, or other school functions are specifically not allowed. House parties will be evicted immediately. Any group renting this property under false pretenses shall be immediately evicted with no refund. Identification shall be presented if requested. Guest signing this Agreement shall be 21 or more years old and actually take possession of the property. Guest is subject to expedited eviction and may be evicted under such procedures if guest: (I) holds over in possession after guests’ tenancy expired; (II) commits a material breach of any provision of this agreement, including any addendum hereto that according to its term would result in the termination of Guests’ tenancy; (III) fails to pay rent as required by this agreement; (IV) fails to sign the agreement prior to occupancy; or (V) has obtained possession of the Premises by fraud or misrepresentation.
4. CANCELLATIONS & REFUNDS: If you cancel your reservation 15 or more days prior to your arrival date a voucher for a future stay will be issued in the amount of the deposit less the reservation fee for use for a future stay within 365 days of the date of cancellation. If you cancel your reservation 14 days or less prior to arrival you will be responsible for the full reservation amount (you will forfeit the full deposit amount and the non-refundable reservation fee, and shall be responsible for the remaining rent amount and all other applicable charges associated with the reservation). Only the Guest named on the Agreement may cancel a reservation and cancellations must be made by phone call to Rental Agents Office.
Guests who have purchased Travel Insurance must contact Rental Agent up to 24 hours prior to check in to cancel or reschedule the reservation. Upon cancellation the full mount received less the travel insurance, non-refundable reservation fee and applicable taxes will be refunded. Reservations with travel insurance are non-refundable 24 hours prior to check in or thereafter. Travel insurance may not be added to a reservation after 48 hours of booking the reservation or if the check in date is within 14 days of check in.
5. CHANGE OF PLANS OR RESCHEDULING: Plans can be changed before 14 days prior to the scheduled check in with no penalty. No changes are permitted within 14 days of check in.
6. CHECK IN: The Target Check-in time is at 3 pm, early check ins may be available but are not guaranteed and are unlikely unless the unit is available and ready. Rental Agents office will contact Guest if ready early. The Property may not be ready until later in the evening given maintenance and/or housekeeping issues or maintenance and housekeeping inspections.
7. CHECK-OUT: All properties must be vacated by 10:00 AM on the day of departure. Failure to do so may result in a late checkout fee of $75 per hour, $150 per hour for units 4 bedroom and larger charged to the Guest card on file. Please lock all doors and call 866-550-1795 x3 when checking out.
8. PETS: Some of Rental Agent’s rental properties allow dogs over one year of age, but only in specifically noted units. All units are designated as NOT allowing pets unless otherwise noted on Rental Agents Website. If allowed, guest must pre-arrange and pre-approve the pet with Rental Agent and pay the pet fee per animal. No more than two dogs may be brought and each must be under 50 pounds. The following breeds are not permitted in units or anywhere on the property at any time: Pit Bulls & Staffordshire Terriers, Doberman Pinschers, Rottweilers, German Shepherds, Chows, Great Danes, Presa Canarios, Akitas, Alaskan Malamutes, Siberian Huskies, Wolf-hybrids. There is a $50 pet fee per animal staying in the rental unit. Authorized pets must be on a leash when outdoors. Any unauthorized pets in or near a rental property are subject to a $150.00 fee per pet charged to Guest card on file and you may be asked to leave the rental property immediately with no refund. Note: The aforementioned pet policy does not apply to service animals, which will be permitted in the rental property at no additional charge. Some guests have pet allergies and as such most units are not authorized for pets. Please be respectful of this policy.
9. SMOKING: Smoking is not permitted in any of our rental properties. Smoking is permitted outside only and smoking materials must be properly extinguished and then disposed of in trash containers, not thrown off decks or disposed outdoors. Failure to observe this prohibition shall result in immediate eviction and/or a charge of $150 to the Guest card on file.
10. HOT TUBS: If your rental property contains a hot tub, you are responsible for operating the hot tub in a careful and safe manner. Please leave the bromine floater in the hot tub at all times. Because the hot tubs are completely drained and refilled prior to each rental guest stay, the water may not be warm upon your arrival and may take additional time to reach your desired temperature. When the hot tub is not in use, please keep it covered with the hot tub cover and secured with the security cable so that the hot tub will stay warm, debris will stay out and the cover will not blow away. There are health risks associated with the use of hot tubs; use with discretion and at your sole risk. Please shower with soap and water before and after using the hot tub as some lotions, soaps, etc. mixed with the hot tub chemicals can cause a rash on your skin. Rental Agent assumes no responsibility for any injury, loss, property damage or other occurrence associated with or resulting from the use of the hot tub. Guests with heart disease, diabetes, high or low blood pressure, or any serious illness, and pregnant women should not enter the hot tub without consulting a physician. Children under the age of 12 are prohibited from using the tub unless accompanied and supervised by their legal guardian. If any residue from items such as bath products, food, alcohol, etc. is found in the tub, rental guest will be charged a cleaning fee up to $100.00. DO NOT SIT OR STAND ON THE HOT TUB COVER. If the cover breaks or is damaged, Guest will be charged up to $500.00 to replace it.
11. FIREPLACES: Fireplaces that are electric are usable year-round, but should not be used at any time when air conditioning is on in the rental property. Gas fireplaces are seasonal and are not in operation from April through September. Rental guest agrees that any fireplace shall be used at rental guest’s own risk and the Rental Agent shall not be responsible for any injury, loss, property damage or other occurrence associated with or resulting from the use of the fireplace. Guest agrees that they will not re-arrange or move artificial logs, will not put any paper, debris, wood or any other material in the gas fireplaces. Doing so can cause dangerous fumes, carbon monoxide and heavy black soot resulting in injury or death and may damage the fireplace and/or cause smoke and smoke damage. Gas fireplaces are expensive units to install and maintain. Guest will be fined up to $2,000 for any such damage and should consult Rental Agent if experiencing problems with the use and/or operation of the Fireplace.
12. REFUND POLICY: While Rental Agent will work hard to make sure your rental property is ready upon your arrival, as in any home, malfunctions occasionally happen. No refunds will be issued for non-working amenities, malfunctions in equipment (i.e. hot tubs, saunas, whirlpool tubs, televisions, internet, stereos, VCRs, DVD players, etc.), early departures, disturbances created by other rental guests, weather conditions or any other event outside of Rental Agent’s reasonable control.
13. NON-REFUNDABLE DAMAGE WAIVER: In lieu of a normal security deposit there will be a damage waiver fee applied to each reservation of $45. The damage waiver covers up to $1,500 in ACCIDENTAL damages, such as broken kitchenware, coffee pot, etc. This does not cover non-accidental damage to furniture and electronics (i.e. damaged television, broken DVD, broken bed frame, broken sleeper sofa, etc.) Guest will be responsible for all intentional or reckless damages. Guest also authorizes agent to charge any expenses relating to intentional or reckless damage, cleaning of the unit beyond a normal cabin clean (EX: heavy partying, trash, etc.), or theft of any property from the unit, to the credit card on file.
The guest who uses their credit card for the deposit is considered the responsible party, and all necessary charges concerning said cabin will be charged to the credit card on file, no matter who in the group, or guest of a guest caused the damage or violated the policy.
14. DAMAGES TO THE RENTAL UNIT: Guest understands that the cabin must be left in proper condition upon departure (dirty dishes in dishwasher; garbage bagged; etc ) and that Guest will be billed for any additional housekeeping required for both inside the cabin and on the grounds surrounding and below the unit (please follow the garbage pick-up schedule provided on the Guest Information Guide provided in the cabin at check-in).
15. LOST OR STOLEN ITEMS: Rental Agent is not responsible for lost, stolen or damaged items. Guest items which are found will be returned to the maintenance office. If an item is left behind or lost by rental guest, Rental Agent can return such item to the rental guest at the rental guest’s expense.
16. WEATHER: Roads in the Sevier County area may be located in mountainous areas. During winter months, four-wheel drive or chain-equipped vehicles should be considered. While we will assist you in any way we can, we do not offer discounts or refunds if you are unable to arrive to your rental property because of weather conditions, including snow, storms, high winds, etc.
17. INDEMNIFICATION: You hereby agree to indemnify and hold harmless Rental Agent and its related entities and their agents, employees, officers, directors, managers and servants, and the owner of the rental property, free from any claim or liability related to or in connection with the rental of the rental property, including, but not limited to, injuries, loss of property or damage to property, accidental or otherwise, incurred or suffered at or around the rental property from any causes whatsoever during your stay. You further understand and agree that neither Rental Agent nor the owner of the rental property shall be liable for any missing or stolen personal property or property left in the rental property by you or any of your guests, even in the event the property left in the rental property is picked up and returned by mail.
18. MISCELLANEOUS: Fireworks and firearms are not permitted on, in or around any rental property. Rental Agent reserves the right to enter and inspect any rental property without notice or the rental guest being present. Rental guest assumes the risk of injury or other losses relating to any recreational activities that rental guest and rental guest’s guests engage in and will hold Rental Agent, its related entities and the rental property owner harmless with respect thereto. Facsimile and other electronic copies of this manually executed Agreement shall be fully binding and effective for all purposes and shall be given the same effect as original signatures.