We want to thank you for choosing Everview as your vacation rental.  We like to treat our guests like friends of our family, and hope that you’ll treat our home as if you were staying at a friend’s weekend place.  You’ll find that the items below are common sense rules that most everyone would abide by anyway, and because of this, it is very rare that we would have to charge for damages.  Outlining these rules helps define expectations for our guests, it protects our home from intentional damage, and protects the neighbors.  Everview is located in a beautiful and peaceful residential setting, but we do have neighbors nearby.  Please review this Rental Agreement that is used to protect our interests as well as yours.

 

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 GUESTS.  YOUR PAYMENT OF MONEY OR TAKING POSSESSION OF THE PROPERTY AFTER REVIEWING AND AGREEING TO THE TERMS OF THE RENTAL CONTRACT IS EVIDENCE OF YOUR ACCEPTANCE OF THE AGREEMENT AND YOUR INTENT TO USE THIS PROPERTY AS A VACATION RENTAL.

 

Angus and Marilyn Butler as Authorized Members (Managers) of Everview LLC (Owner), rent to (Guest) the vacation property described as a single-family dwelling in Waynesville, North Carolina (Premises) on the terms contained in this Agreement and at the rate as listed on the MountainGetaways.net website.  The terms “Guest” refers to the specific cardholder whose credit card was utilized to secure a reservation at Everview.  As such, the Guest is individually and severally liable and otherwise directly responsible for the actions of all members of his or her party including, but not limited to, family members, associates, and invitees.  All costs of accommodation including, but not limited to, loss, damage, and/or fines are the full and complete responsibility of the Guest, regardless of whether or not the Guest was present at such time as the loss, damage, and/or fine actually occurred.   Managers reserve the right to request that a copy of this agreement and any included addendums be reviewed, signed by Guest and returned to Manager and to request proof of identification and age prior to accepting the reservation.

 

The Good Care Deposit provided may be applied to actual damages or losses caused by Guest as permitted under the Guest Security Deposit Act.  We do not expect you to clean the house before your leave, but there are steps that greatly reduce the time our housekeeper spends and helps us keep the cleaning fee as low as possible.  The deposit, less any damage or loss, will be refunded after inspection of dwelling at the end of the tenancy. 

 

  1. IN CONSIDERATION of value paid and received and the mutual promises herein, the Managers of the subject property hereby lease and rent to Guest that certain property described above and under the following terms and conditions. 

 

  1. CANCELLATION - All cancellations must be made in writing.  In the event of a cancellation by Guest, Guest shall receive a 50% refund of all payments made by Guest if cancellation is made at least eight weeks before check-in, 25% if at least four weeks before check-in.  No refund is available if cancelled less than four weeks before check-in unless Managers can re-rent the Premises for one or all of Guest’s reservation dates and then only on a pro-rated basis.  Please consider purchasing travel insurance in case an unforeseen circumstance causes you to have to cancel your trip.  You can compare dozens of policies at Insure My Trip and Square Mouth.

 

  1. PAYMENT OF CHARGES – Guest must secure by providing with the acceptance of this Agreement an advance rent payment equal to one-half of the total rent including all applicable taxes and refundable deposit shown above.  The balance is due 30 days prior to check-in date or Guest’s reservation will be cancelled and subject to the cancellation provisions described in Paragraph 2.  If reservation is made with less than 30 days to check-in, then the entire balance is required to secure the dates. 

 

  1. DISPOSITION OF FUNDS – All advance payments are deposited in a separate non-interest-bearing account in a Florida branch of Wells Fargo, an FDIC insured institution. Guest authorizes Managers to disburse up to fifty percent (50%) of the rent to the Managers prior to Guest's occupancy of the Premises, and the balance of the rent upon the commencement of the tenancy, a material breach of this Agreement by Guest, or as otherwise permitted under the Vacation Rental Act. 

 

  1. GUEST’S DUTIES - Guest agrees to comply with all obligations imposed by the Vacation Rental Act on Guest 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 Guest uses; and notifying Managers in writing of the need of replacement of or repairs to a smoke detector, and replacing the batteries as needed during the tenancy.  Guest agrees not to use the Premises for any activity or purpose that violates any criminal law or governmental regulation, including internet usage.  Guest's breach of any duty contained in this paragraph shall be considered material, and shall result in the termination of Guest's tenancy.  No events are allowed on the Premises.  Should we receive complaints from our neighbors that are not immediately resolved, or if police are dispatched to the Premises, all rental fees and damage deposit will be forfeited, and Guest may be required to vacate the Premises.

 

  1. FALSIFIED RESERVATIONS – Any reservation obtained under false pretense will be subject to forfeiture of advance payment and the party will not be permitted to check in.

 

  1. MANAGERS’ DUTIES - Managers agree to provide the Premises in a fit and habitable condition.  If at the time Guest is to begin occupancy of the Premises, the Managers cannot provide the Premises in a fit and habitable condition or substitute a reasonably comparable property in such condition, the Managers shall refund to Guest all payments made by Guest.  Managers shall conduct all activities with regards to this Agreement without respect to the race, color, religion, sex, national origin, handicap or familial status of any Guest.

 

 

 

 

  1. HOUSE RULES:

 

  1. Lease Not Assignable.  The Guest shall not assign this Agreement or sublet the property in whole or in part.

 

  1. Check-In.  Guest will be given the access code for keyless entry to the property after all payments have been processed.  Check-in time is 4:00 p.m. 

 

  1. Check-Out.  Check-out must be complete and the premises vacated by 10:00 a.m. on check-out day to allow time to prepare for the next scheduled Guests.  Guest is responsible for removing all trash, securing all doors and windows, and leaving the unit in a reasonable state of cleanliness.  Failure to comply will result in a deduction from your security deposit.  Please ensure you’ve packed all your belongings before checking out, as we cannot be responsible for items left on the premises.  There is no trash pickup in this area of Waynesville.  Directions and information for the trash stations will be sent to you before your reservation date.  There will be a $25.00 service charge for removing any trash left on the premises.

 

  1. Guest’s Age.  Guest represents him/herself to be an adult 25 years or older.  Violation of the above is grounds for immediate eviction without refund of any payments made. 

 

  1. Smoking.  Smoking is not permitted inside the home at any time and is grounds for immediate eviction.  Please exercise great care if smoking outdoors. 

 

  1. Accommodations.  The home is equipped for normal housekeeping and includes dishes, flatware, pots and pans, utensils, coffee pot, toaster, blender, gas stove and oven, dishwasher, and microwave oven as basic kitchen equipment.  It also has a washer, dryer, four television sets, two DVD players, three alarm clocks, five rocking chairs, and outdoor furniture.  Towels and linens are also furnished.  An initial supply of paper goods is available at check-in, but Guest will need to provide his or her own paper products and food.  No guarantees are given for electronic equipment and no refunds will be given for malfunctions of equipment.  Guest must notify the Managers immediately of any break down in equipment or appliances.  Guests are not permitted to move furniture or burn candles.  Guest is responsible for keeping the unit clean and safe during the entire tenancy. 

 

  1. Maintenance.  Every effort is made to keep the home and its equipment in good working order.  Please notify the Managers of any difficulty you incur during your stay so that repairs can be made.  There will be no refunds given for inoperable appliances or faulty equipment, unfavorable weather, early departure, interruption of utilities, construction in the area, or maintenance problems.  Managers or Managers’ agent have the right to enter premises during tenancy to inspect and make repairs, with reasonable notice to Guest.

 

  1. Damages.  Guest is requested to report any breakage noticed upon arrival or occurring during Guest’s stay to Managers upon occurrence.  Guest agrees to be responsible for any damage done by him(her)self, his(her) family and/or guests.  Guest authorizes Managers to charge the security deposit for such damages.  Guest agrees to pay for damages over and above the damage deposit, if necessary.  Owner and Managers shall not be held liable or otherwise responsible in any way for the Guest’s personal property that is damaged, or lost or stolen.  Upon endorsing this Agreement, Guests and/or invitees agree to forever hold harmless and indemnify Owner and Managers from any such liability or responsibility. 

 

  1. Personal Property after Checkout.  If any item left behind is found, upon Guest’s request, Managers will return personal property and Guest agrees to pay shipping costs.  Manager can, at its option, hold property on behalf of the Guest for 30 days, after which time all such property will be discarded.

 

  1. PERMITTED OCCUPANTS.  Guest must take possession and maintain possession of subject property for the full leased period.  The Guest shall not permit the property to be occupied or used as a residence by more than eight (8) persons, including children.  This includes Guest, his or her family (including all children) and guests.  Overcrowding of property or misrepresenting number in party is grounds for immediate eviction without refund.  Absolutely no house parties, beer kegs, ATVS or RVs, trailers, tent camping, or illegal activities are allowed on the premises.  Violation of this will result in the termination of the lease and immediate eviction without refund.  Misrepresentation, failure to pay in full, obtaining subject property under false pretenses, fraud or material breach of this Agreement shall result in an expedited eviction in accordance with the North Carolina Vacation Rental Act.

 

  1. 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.  Guest may be evicted under such procedures if Guest:  (i) holds over in possession after Guest'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 Guest's tenancy; (iii) fails to pay rent as required by this Agreement, or (iv) has obtained possession of the Premises by fraud or misrepresentation.

 

  1. INDEMNIFICATION AND HOLD HARMLESS; RIGHT OF ENTRY; ASSIGNMENT.  Guest agrees to indemnify and hold harmless Owner and Managers from and against any liability for personal injury or property damage sustained by any person (including Guest's guests) as a result of any cause, unless caused by the negligent or willful act of Managers, or the failure of Managers to comply with the Vacation Rental Act.  Guest agrees that Managers or their respective representatives may enter the Premises during reasonable hours to inspect the Premises, to make such repairs, alterations or improvements thereto as Managers deem appropriate, or to show the Premises to prospective purchasers or Guests.  Guest shall not assign this Agreement or sublet the Premises in whole or part without written permission of Managers.  Guest also agrees that in the case of a double booking or occupancy, Guest will be entitled only to a full refund of all consideration previously tendered by Guest.  Guest shall be responsible for all costs of litigation and collection including, but not limited to, reasonable attorney’s fees if Owner/Agent prevails in said legal action.

 

  1. EMERGENCY EVACUATION.  Guest(s) must vacate if a mandatory evacuation is declared by the state of North Carolina.  Managers will reimburse Guest’s rental payment for days covered by the evacuation order.

 

  1. INVOLUNTARY TRANSFER.  If the Owner's interest in the Premises is involuntarily transferred prior to Guest's occupancy of the Premises, the Managers are required to refund to Guest all advance rent paid by Guest within 60 days after the transfer.

 

  1. TRANSFER OF PREMISES:  If Owner voluntarily transfers the Premises, Guest has the right to enforce this Agreement against the grantee of the Premises if Guest's occupancy under this Agreement is to end 180 days or less after the grantee's interest in the Premises is recorded.  If Guest's occupancy is to end more than 180 days after such recording, Guest 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, Guest is entitled to a refund of all advance rent paid by Guest.  Within 20 days after transfer of the Premises, the grantee or the grantee's agent is required to (i) notify Guest 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 Guest whether Guest has the right to occupy the Premises subject to the terms of this Agreement or receive a refund of any payments made by Guest.  However, if the grantee engages Owner 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.

 

Upon termination of the Owner's interest in the Premises, whether by sale, assignment, death, appointment of a receiver or otherwise, the Owner, or Owner's agent, or real estate agent is required to transfer all advance rent paid by Guest to the Owner's successor-in-interest within 30 days, and notify Guest by mail of such transfer and of the transferee's name and address.  However, if Guest's occupancy under this Agreement is to end more than 180 days after recording 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 Guest must be transferred to Guest within 30 days.  If the Owner's interest in the Premises is involuntarily transferred prior to Guest's occupancy of the Premises, the Owner is required to refund to Guest all advance rent paid by Guest within 60 days after the transfer.

 

  1. PETS: Pets are permitted only after securing permission from the Managers and by agreeing to terms in the Pet Agreement listed below and payment of the Pet Fee.  Evidence of pet(s) on the property without consent will result in loss of security deposit.

 

  1. HOT TUB:  Use of the hot tub during your stay is optional.  If Guest would like access during his stay, then a request for payment of a $50 fee will be sent via email to Guest after confirmation of the rental.  This fee goes directly to a professional service company that will drain, sanitize, and prepare the spa for your arrival.  Evidence of unauthorized use of the hot tub will result in loss of the security deposit.

 

  1. FIREPLACES – Our fireplaces are direct-vent high efficiency gas fireplaces.  Please do not try to open them to place wood, paper, or other combustible materials and do not allow them to run for more than two hours at a time or while the Premises are not occupied or without supervision. 

 

  1. WATER & SEPTIC – Everview is on a septic system.  It is effective, however, it will clog if improper material is flushed or if more than the approved eight persons are occupying the Premises.  DO NOT FLUSH anything other than toilet paper.

 

  1. EXCEPTIONS – Any exceptions to the above-mentioned policies must be approved by email in advance.

 

  1. This Agreement shall be treated as though it were executed in Haywood County, North Carolina, and were to have been performed in Haywood County, North Carolina.  Any action relating to this Agreement shall only be instituted and prosecuted in courts in North Carolina.  Guest specifically consents to such jurisdiction and to extraterritorial service of process.

 

  1. This Agreement shall be governed by and interpreted in accordance with the laws of the state of North Carolina.

 

REMINDER – SMOKING IS NOT PERMITTED INSIDE OR WITHIN VERY CLOSE PROXIMITY TO THE PREMISES.  YOU WILL FORFEIT THE ENTIRE RENTAL DEPOSIT AND INCUR ADDITIONAL CLEANING FEES IF THERE IS EVIDENCE OF SMOKING.

 

Pet Agreement

 

Because we are dog lovers ourselves, we have decided to consider people who would like to bring their pets on vacation.  You may bring your pet to Everview by agreeing to the following terms:

 

  • Only well mannered, completely housetrained, non-marking pets are considered.
  • Must be non-aggressive and have no history of biting people. Any dog with a history of biting is strictly prohibited.
  • Must be spayed or neutered.
  • Must be clean and have no fleas.
  • If your dog is accustomed to being on furniture, you must bring covers to protect our belongings. All our comforters and blankets must be removed from the beds. This is necessary to keep animal hair and dander off the furniture and bedding as we have guests coming in after you who may allergic. Evidence of dogs on furniture will incur extra cleaning fees.
  • It is recommended that you bring your dog's bed as well as some of his toys to make him feel at home.
  • If your dog might claw at doors, chew things or tear things up while you are gone, you must crate him. New places may be upsetting to your dog.
  • Your dog may not be left unattended for an undue length of time.
  • You must clean up after your dog's potty breaks. You are responsible for cleaning up any/all dog waste.  There is a supply of cleanup bags in the table near the front door.
  • Your dog must not cause damage to premises or furnishings. You agree to pay Owner promptly for any damage, loss or expense caused by your dog.
  • I understand that failure to comply with these guidelines will result in forfeiting my entire damage deposit and/or paying any additional expenses incurred as a result of bringing my pet onto the Premises.
  • I understand that this agreement/waiver is incorporated into, and is a part of, the original lease agreement between the parties.
  • I release Managers and Owner from any liability associated with my pet.
  • I understand that it is my responsibility to inform every person in my party of these rules, and to ensure every person in my party abides by them.
  • I understand that this agreement/waiver is incorporated into, and is a part of, the original lease agreement between the parties.
  • I have read the above stated conditions and agree to abide by them.

 

 

Hot Tub Agreement

 

The hot tub was recently installed as a highly requested amenity to our vacation home.  A professional spa maintenance company serviceman will drain, sanitize, refill and replenish chemicals prior to your arrival.  You will be allowed to use the spa at your own risk during your stay by agreeing to the following terms:

 

The emergency shut off switch is located in the lower panel box.

 

  • The hot tub cover is for insulation purposes and is not designed to support a person. No one will be allowed to sit or stand on the tub cover.   If it breaks, you will be charged to replace it. 
  • Gently remove the cover and place over the side of the tub so that it is out of the way only when the hot tub is in use. 
  • Check the temperature of the water in the hot tub before entering to make sure that it is at a comfortable level.
  • Do not use or allow the hot tub to be used alone.
  • Unsupervised use by children is strictly prohibited. Never leave children unattended near the hot tub. 
  • Do not add anything to the water including foaming bubbles, chemicals, soaps, bath oils, etc. If these items are used in the hot tubs, an additional cleaning fee will be assessed.
  • Use only non-breakable glassware/dinnerware near the tub.
  • No pets are allowed in hot tub.
  • Absolutely no electrical appliances should be used in or near the hot tub.
  • Persons who have high blood pressure, skin sensitivities, or women who might be pregnant are strongly urged not to use a hot tub. If in doubt, please consult with a physician.
  • People with cuts or external infections should not use the spa.
  • Observe reasonable time limits to avoid nausea, dizziness and fainting. Should you experience any of these symptoms, carefully exit the hot tub immediately and seek medical attention.
  • It is recommended that no jewelry be worn in the hot tub due to the chemicals used. The chemicals in hot tubs can also affect color-treated hair and damage swimsuits.
  • Do not turn off or unplug the hot tub.
  • Cover and lock the spa when not in use, especially if there are any children in the vicinity.
  • I understand that it is my responsibility to inform every person using the hot tub of these rules, and to ensure every person in my party abides by them.
  • I further understand that failure to comply with these guidelines will result in forfeiting my entire damage deposit and/or paying any additional expenses to restore the hot tub to its prior condition.
  • I understand that this agreement/waiver is incorporated into, and is a part of, the original lease agreement between the parties.
  • I release the Managers and Owner from any liability associated with use of the hot tub.
  • I have read the above stated conditions and agree to abide by them.

 

 

After receipt all payments, Managers will provide the address and entry code along with additional information on the house and the area to help with your travel plans.  However, if you have any questions at all in the meantime, please feel free to contact me us by phone (786-412-0912) or email (marilyn@mountaingetaways.net).

 

 

Rev. 02/12/2018