View Favorites (Guest Confirmation Agreement
(Terms and Conditions)
In consideration of the monies received and the mutual promises contained herein, the owner (Owner) [Mountain Escapes] hereby agrees to give a license to use the Property to the undersigned, (herein referred to as Licensee), on the property and dates described in the confirmation letter and under the conditions stated herein.
Check-in: Check-in is no earlier than 3:00 PM EST on the arrival date.
No early arrivals allowed unless authorized by Management.
Checkout: Checkout is NO LATER than 11:00 AM EST on the departure date.
Reservation Deposit:
A Reservation Deposit equal to the first night’s rental rate is required to hold an advance reservation if the reservation is made 72 hrs or more prior to date of arrival. The Reservation Deposit is payable upon making a reservation. If payment is not received immediately, the booking can be canceled without notice.
Security Deposit:
In lieu of a cash deposit, Mountain Escapes uses a Damage Waiver Protection Policy. In addition, You hereby grant consent for Mountain Escapes to charge your credit card in any amount of actual damages to the Property arising from your use of the Property, as well as for missing items, excessive clean-up, and, if necessary, the cost incurred in removing you from the Property above the amount covered by Damage Protection Policy. The must be left in the exact condition that it was in when the Licensee arrived.
Smoke Detectors:
Licensees are required to reset all smoke detectors upon check-in and promptly report inoperative smoke detector(s) to Mountain Escapes
Property Inspections:
All problems, including inadequate cleaning and damage, must be reported in writing or by phone to Mountain Escapes within 24 hours of check-in for prior guest to be held responsible. Mountain Escapes reserves the right to enter premises at any time for the purpose of effecting necessary inspections, repairs or maintenance.
Notification:
It is Licensee’s sole responsibility to inspect the Property upon arrival. In addition to inspecting the smoke detectors, Licensee agrees to inspect the entire Property to ensure that it is free of hazards, and properly equipped. Licensee assumes the entire risk of injuries arising from use of the Property. Licensee will ensure that the Property has a secure shower grab bar or bathtub mat, and that the Licensee takes reasonable measures to prevent slips in the bathroom, on staircases, steps, on balconies, and throughout the Property. Licensee agrees to take a higher degree of care in the use of the Property because of the nature of the construction the Property.
Occupancy:
The maximum number of occupants allowed in the Property is shown on your confirmation letter. Children over the age of 3 are counted, however only guests 12 and over are charged for as guests. Overcrowding or misrepresentation is grounds for immediate revocation of the license to the Property, and removal of Licensee without refund. The Licensee is the person who will occupy the Property. Parents may not book Properties for their children. The Licensee must be present at the Property for the time of the reservation, and take full responsibility for the Property and his or her guests. Small children are the responsibility of the Licensee. The Properties may be older, and not necessarily ‘child safe.’ Children should not roam free on balconies; climb on furniture; hang out of windows; or engage in other unsupervised activities. Some units are not fit for children under certain ages due to expensive and/or delicate furnishings, and balconies with wide openings on the guard rail. Use is at your own risk. Licensee takes full responsibility for all lost or broken items, and any damages to the Property of any kind.
Restrictions on Property Use:
Licensees are prohibited from engaging in any unlawful activity or any other activity that constitutes a nuisance. Violation of this provision will result in immediate eviction without refund, and licensee will be held liable for any damages to the Property, contents and grounds. Contractual Agreement with Owner requires Mountain Escapes to only rent to legally and financially responsible persons over the age of 25. No parties are permitted in any property managed by Mountain Escapes. Violators will be removed from the Property immediately, and prosecuted and/or charged for damages and losses.
Pets:
Pets are ONLY allowed on a property that is specified as "Pet Friendly". Violation of the ‘no pets’ stipulation is grounds for immediate removal without refund.
Smoking Prohibited:
All properties are nonsmoking properties and any form of smoking is prohibited inside the properties. Smoking inside any of Mountain Escapes’ properties will result in considerable cleaning fees.
Personal Property Loss:
It is Licensee’s sole responsibility to secure and protect personal property. Mountain Escapes assumes no responsibility for Licensee’s personal property.
Returned Checks:
Licensee will pay a $50.00 returned check fee on each check returned to Mountain Escapes by Licensee's bank.
Cancellations and Changes in Reservations:
Cancellations must be made 15 or more days prior to scheduled arrival in writing to receive refund of your deposit, less a $30.00 charge, and forfeit the reservation fee. If a reservation is cancelled 14 days or less from your date of arrival, you forfeit your deposit. If you are a ‘no-show,’ you will forfeit the full amount of the reservation. We do not give credit for early departures or for inclement weather. If a change in reservation is requested, Mountain Escapes will make reasonable effort to accommodate the change, and assessed the appropriate fee as stated above.
Subletting and Assignment:
Licensee may not sublet, sublicense or otherwise grant any rights to the Property. Licensee may not assign the agreement without Mountain Escapes prior written consent.
Property Use:
The Property may not be used for any activity in violation of local, state or federal laws..
Attorney's Fees:
If Mountain Escapes and/ or Owner consults legal counsel or a professional collection service, for collecting any amounts due to Mountain Escapes and/or Owner under this Agreement. Licensee shall be responsible for all costs of litigation and/or collection in case of such, including actual attorney’s fees.
Limitations on Rental:
Mountain Escapes and or Owner will not be liable for circumstances beyond their control, including but not limited to appliances or air-conditioning/heating failure, other mechanical failure, unfavorable weather, disruption of utility services including cable television, etc. There will be no relocation, rental pro-ration or refund in the event of such circumstances. In the event Mountain Escapes is unable to deliver the Property to Licensee because of property sale, property owner decision, fire, mandatory evacuation, eminent domain or Acts of Nature, or if the property is unavailable because of construction delays or lack of utilities, Licensee agrees that Mountain Escapes’ sole liability, as a result of any of these conditions, will be a full refund of all payments tendered by Licensee. Licensee and Mountain Escapes agree that in case of double booking or occupancy by Owner, Licensee will be ONLY entitled to a full refund of all monies previously tendered by Licensee. If Mountain Escapes is able to relocate Licensee, Licensee agrees to pay the difference in rental amount, should Licensee accept alternate accommodations. Licensee expressly acknowledges that in no event will Mountain Escapes be held liable for any other condition out of the control of Mountain Escapes or the Owner, or for any incidental or consequential damages, including but not limited to, expenses that result from moving or for any other losses.
Tenancy:
The Licensee acknowledges that this is NOT a tenancy for the Property. The Property is not rented for more than 30 days, and is taxed and treated as a transient occupancy, akin to hotel accommodations. Property laws do not apply to the license granted herein, and the Licensee may be removed as a trespasser immediately upon termination of this license. The Property is rented on regular short-term periods, and for a significantly higher rate than a non-vacation rental. Often a licensee is scheduled to begin a vacation in the Property on the same day as the check-out day of another prior licensee. If Licensee stays even one additional day, Mountain Escapes would face significant logistical problems with the next licensee, including possible liability. As such, Licensee agrees to vacate immediately on the check-out day, at designated time. Failure to do so will entitle Mountain Escapes, in addition to all other remedies available to it, to: have Licensee ejected by law enforcement as trespasser; and to physically remove Licensee and all of Licensee’s possessions from the Property, for which Licensee hereby grants permission and consent; and obtain damages and injunctive relief against Licensee.
Indemnification:
Licensee agrees to release and indemnify Mountain Escapes and Owner from and against all liability should anyone be injured upon the premises during the term of occupancy, resulting from any cause whatsoever, except in the case of personal injury caused by willful gross negligence on the part of the Owner or Mountain Escapes.
Owner Changes:
Every effort is made to ensure all information on the web site and other documentation is accurate and complete. However, Mountain Escapes is not liable for errors, omissions, mistakes, price changes and any changes by the Owner in furnishings, equipment, bed arrangements and other accommodations.
Effective Date:
Not withstanding any thing to the contrary, this Occupancy Agreement is binding and effective when no signature is required, and Licensee's affirmative assent to the terms is expressed by Licensee's reservation of the unit. If Licensee desires to terminate this agreement due to lack of assent, he/she must do so with in three days of the date the reservation was made. Mountain Escapes receives a Reservation Deposit.
Governing Law:
The terms and conditions stated herein will be interpreted by and governed under the laws of the State of California and any action arising out of this agreement shall be litigated in the city of Ducktown, Tennessee Or Blue Ridge, Georgia.
Attorney’s Fees:
In the event of any action or proceeding commenced by any party, the prevailing party in such action or proceeding shall be entitled to recover from the other party all cost and expenses thereof, including actual attorney’s fees and cost.
Invalid Provisions:
If any provision of this Agreement is held to be illegal, invalid or unenforceable under present or future laws effective during the term hereof, such provision shall be fully severable and this Agreement shall be construed and enforced as if such illegal, invalid, or unenforceable provision had never comprised a part hereof; and the remaining provisions hereof shall remain in full force and effect and shall not be affected by the illegal, invalid, or unenforceable provision or by it’s severance hereof. Furthermore, in lieu of such illegal, invalid, or unenforceable provision there shall be added automatically as a part of the Agreement a provision as similar in terms to such illegal, invalid, or unenforceable provision as may be possible and still be legal, valid, or enforceable.
Entire Agreement:
This Agreement sets forth the entire understanding of the parties and supersedes all prior agreements or understandings, whether written or oral, with respect to the subject matter hereof. No amendment or modification hereto shall be binding unless made in writing and signed by the parties hereto.
Waiver:
The waiver by either party hereto of a breach of any term or provision of this Agreement shall not operate or be construed as a waiver of a subsequent breach of same provision by any party or of the breach of any other term or provisions of this Agreement.
