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VACATION RENTAL AGREEMENT
"Sugar Shack" Silverbell Heights Lane - Gatlinburg
NON SMOKING CABIN – NO PETS OR ANIMALS OF ANY KIND ARE ALLOWED
CHECK IN TIME: 4:00 PM EST CHECK OUT TIME: 11:00 AM EST
This agreement constitutes a short term Vacation rental contract, for exclusive use of the rental unit, between the renter(s) and Preskitt Properties, LLP and is not a lease or other long term residential tenancy agreement. This agreement is only for the use of the property for the stated rental period on the renter(s) lease. Please read this Vacation Rental Lease Agreement thoroughly. Any payment received by Preskitt Properties, LLP from renter(s) for occupancy of vacation property indicates the acceptance of the terms and conditions of this Rental Agreement. It is the responsibility of the renter(s) to be familiar with all policies within this agreement and the instructions for use of Cabin amenities. This rental agreement is entered into by and between the renter(s), Hereinafter referred to as "Guest(s)", and Preskitt Properties, LLP. Hereinafter referred to as "Lessor." * Guest agrees to bring a copy of their lease to the Cabin.
1. NO Pets or Animals of Any Kind, NO Smoking & NO Illegal Drug Use - By electronically signing this rental agreement, Renter(s) acknowledge that NO PETS OR ANIMALS OF ANY KIND are allowed in or on the premises under any circumstances. Guest(s) also acknowledges that NO SMOKING AND NO ILLEGAL DRUG USE is permitted in the Cabin or in or near the Hot Tubs. Smoking is ONLY permitted Outside. Guest(s) agree that if they smoke on the outside deck or porches, they agree NOT to throw or flick butts on the ground or off the Cabin decks and all Windows and Doors WILL BE closed while smoking. Guest(s) will be responsible for making sure butts are fully extinguished and placed in outside garbage can before departure. No Cigars are allowed. IMPORTANT: If evidence of a pet or animal of any kind, smoking, illegal drug use or smells from smoking are found inside the cabin or in or around the Hot Tub area during your stay or following your check out, it will result in immediate eviction, loss of all payment with no refund, and a $500.00, NO pet or animal of any kind/NO smoking/NO illegal drug use "fee" charged to the credit card on file, plus the expense of any necessary additional cleaning. The Guest(s) will also be responsible for any damages and extra cleaning caused by the unauthorized pet or animal of any kind. NO EXCEPTIONS!
2. Minimum Night Stay – This Cabin has a minimum stay of 2 nights, 3 or 4 night minimum for Holiday’s. Certain Seasons and Holiday’s having 3 or 4 Night minimum stay restrictions which may not be applied by the on-line reservations system. In these cases, we reserve the right NOT to accept these reservations. If reservation is NOT accepted, NO payment will be applied to your credit card.
3. Maximum Occupancy - At all times, the maximum occupancy is the number the Cabin is able to accommodate Comfortably. Occupancy limits are in accordance with rules of the State of Tennessee Fire Marshall’s Office, Insurance restrictions and the Owner. These levels of occupancy should never be exceeded. If you bring in extra guests you and your visitors will be asked to vacate the property. This Cabin is to be occupied by NO more than (4) persons. We reserve the right to refuse rental to any group who DOES NOT fit within our occupancy guidelines of suitability. This Cabin is best suited for one (1) couple or a family with up to 2 children. Children are counted in the total occupancy including infants. We do have a “pack n Play” at the Cabin for infants. No air mattresses or portable beds are allowed! No additional sleeping space is available! Over occupancy is considered a serious violation of your rental agreement. Misrepresentation of the number of people in your group is considered fraud under the “defrauding an innkeeper’’ law of the State of Tennessee. Only the Guest(s) that are registered are allowed on the premises. Any advanced payments and all rent will be subject to forfeiture if the maximum occupancy is exceeded.
Small Children & Infants – We welcome Small Children & Infants at our cabins. Our cabins are NOT Child Proof and may contain soaps or cleansers that may be toxic, breakable items (i.e. lamps, bowls etc.) and normal dangers for Children. We also supply games, books and activities for our Guests; however some games have small pieces or parts and are not suitable for your Children. All Children must be supervised by a Parent/Legal Guardian at all times and never left alone in the Cabin or on its decks or on the premises. Lessor is NOT responsible for injury of Children due to games, parts of games, or something they may get into while at the Cabin. Primary Rental Guest is responsible for the safety of each person staying in the Cabin. The Cabin is built on a hill with Decks. Primary Guest will notify each person in the party including the Children, NOT to play on or near the railings.
4. Minimum Age Requirements/Persons Permitted At The Property - Guest (Primary renter/Responsible Party) under the age of 25 unaccompanied by a Parent or Legal Guardian WILL NOT be permitted to check-in and will lose all funds paid to Lessor. The Primary renter, (Guest) must be on site and occupy the Cabin as one of the Guest(s) during the entire rental period. We DO NOT accept reservations made by parents on behalf of their Children who are under the age of 25 and will not be staying at the property. Any reservation made under false pretenses will result in loss of all advance payments and the party will NOT be permitted to check-in or will be evicted if already at the property. ONLY the persons listed in the reservation may reside at the Premises. This agreement CAN NOT be transferred, assigned or sublet to another party and is for the Guest(s) listed in this reservations USE ONLY. No House Parties of any kind are allowed! You will be evicted immediately.
5. Reservation Requirements - Reservations are NOT considered "Guaranteed" until an electronically signed rental agreement is Confirmed by the Lessor via email, and payment of Booking Down payment of 30% (Visa, Master Card, or Discover) for reservations made more than 45 days prior to stay, or payment in full for reservations which are made less than 45 days prior to arrival date. For reservations made more than 45 days prior to arrival, the balance is due 45 days prior to your arrival by personal Check. Please mail your personal Check t Preskitt Properties LLP. Guest (s) will be sent, via email, a payment reminder with adress to mail their check. We no longer accept credit/debit cards for the final payment. Guest(s) reservation will NOT be held (Cancelled) if your final payment is not received 45 days prior to arrival date and NO monies will be refunded. Guest is responsible for all rental rates, taxes and fees. *Last Minute specials or discounts DO NOT apply to existing reservations.
6. Confirmation of Reservation(s) - Confirmation of the reservation and a copy of these Terms and Conditions will be emailed to Guest(s), upon receipt of the booking deposit or entire payment if reservation is less than 45 days away. Please read the confirmation for accuracy of dates, mailing address, number of adults and/or children and accommodations. Guest(s) must notify us immediately of any discrepancies in the reservation. Guest(s) agree to email or text the names and ages of all Guest(s) who will be staying at the Cabin along with a copy of a Government issue Phone ID or Valid Driver's License. Upon receipt of entire payment, photo ID and names and ages of all Guest(s) is received, Guest(s) will be provided via email, the address, access information for entry and directions to the Cabin 10 days prior to your arrial date. We are unable to release the address of the cabin any time prior to receiving Guest(s) confirmed reservation. This information will ONLY be released to the registered Guest. *Please be sure to provide us with a working cell phone number so that, if needed, we may reach you during or prior to your stay.
7. Damage Deposit - Please remember that we are NOT A HOTEL. This is our home and you are an INVITED GUEST. We expect Guest(s) to treat our Cabin as if it were you own home. Reservations which have been confirmed via credit card DO NOT require a Separate Damage Deposit to be put down as ANY damages, violations of this agreement or misuse of the property will be charged to the credit card on file. No charges will be assessed to the credit card provided, as long as ALL the provisions of this contract are adhered to, All check-out procedures (listed below #15) are followed, No excessive cleaning of the cabin is needed ($100 or more depending on the nature of the mess), No exceeding the maximum capacity, No evidence of Pets or animals of any kind, Illegal Drugs, or Smoking has been found ($500 charge), all guidelines for use of amenities are followed and there is NO missing property or damage to any of the property or furnishings beyond normal wear and tear. All accidents or damages to personal property while at the Cabin must be reported to us via email @ cpreskitt7@aol.com or 423-506-6882 within 12 hours of occurrence. Primary Guest understands that they are solely responsible for, and assumes all liability for any damage to the premises or furnishings. If damages are found after departure, the amount will be applied to the credit card on file and written documentation will be sent to the Primary Rental Guest(s) of record.
8. Reservation Changes - A Guest may add a night to their reservation at any time, even after check in, provided that the night added is available with No “Reservation change fee” charged. All requests for adding a night must be made in writing via email and if the additional night(s) are approved, you will receive an updated reservation confirmation reflection the change and the additional nights Rent & Tax will be charged to the credit card on file. All scheduling changes are NOT complete until Guest(s) receive confirmation of the change via email. You may shift your dates a maximum of 2 days later than the original arrival date. NO EXCEPTIONS! You may change your dates of arrival and departure to earlier dates provided that they are available. Any changes resulting in a shortened stay, change of location, or moving to a cheaper Cabin DOES NOT warrant any refund or credit of rent. All changes must be made 14 days prior to your arrival date and are subject to approval based upon whether or not the requested change interferes with another Guest’s confirmed reservation. *You must have a copy of the updated lease showing the changes with you during your stay. NO EXCEPTIONS! If the Guest(s) are unable to depart the Cabin on the lease departure date due to inclement weather conditions in the area, the Guest(s) agrees that their credit card will be charged for the additional night(s) stayed at the prevailing rental rate plus tax. No refunds for early departure (fewer days than reserved), or delayed arrival. No refund for reducing the number of nights reserved. If our Housekeeper/Caretaker is able to make it to the Cabin to clean, you can make it out to depart and you will be held to your original departure date and time!!
9. Cancellations - Cancellations after a reservation has been confirmed, are subject to our “No Refund – No Option of Rescheduling – No Rebate or Credit of any kind Policy.” Only the Primary rental Guest named on this rental agreement may cancel, make changes to the reservation, including but not limited to any communication about the reservation, deposit monies, credit cards or damage disputes and this will remain in effect after the Guest departs. Cancellations must be made in writing Cancellations are NOT complete until Guest(s) receives confirmation of the cancellation via email from Lessor. Two types of Travel Insurance Cancelation Protection are offered by a third party for our rentals, on our reservation page. It is the Guest(s) responsibility to read and understand the terms and conditions of each policy. These policies will cover monies lost based upon the coverage provided. *All lodging payments, deposits and fees are NON-REFUNDABLE for any reason if you DO NOT purchase the Insurance. Guests(s) are obligated to the dates booked. Lessor strongly recommends Guest(s) review both Travel Insurance Policies listed on our reservation page, and purchase one of them. Guests may also choose to purchase travel insurance "on their own" through various on-line companies.
10. Travel Insurance -
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Travel Insurance provided by TRAVEL GUARD: Every year, snowstorms, hurricanes and other unexpected weather events cause travelers to delay, interrupt or even cancel their trips completely. A travel insurance plan can help cover your vacation investment. Specific coverage questions should be directed to Travel Guard (1.877.249.5376 or www.travelguard.com/astp). Please refer to product number 008573/008574 P1 & account # 97908. Coverage is offered by Travel Guard Group, Inc., and limitations will apply. Please visit www.travelguard.com/disclaimer for full disclaimer.
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11. Check-In/Check - Out Times - CHECK-IN TIME is after 4:00 PM Eastern Standard Time. CHECK-OUT TIME is before 11:00 AM Eastern Standard Time. No early check-in's or extended check-out's are permitted. For check-in, Key Codes are NOT available until the property is ready for occupancy. No exceptions to this policy will be made. DO NOT attempt to check in early. *Bring a flashlight to see the keyless entry system after dark. Lessor will use reasonable efforts to have the rental property ready for Guest(s) occupancy at check-in time, but Lessor cannot guarantee the exact time of occupancy. Our Cleaning staff reserves the right to occupy the unit until it is clean and ready for your check-in. NO compensation of any type will be given to the Guest(s), including but not limited to: Cleaning delays for any reason including inclement weather conditions, excessive cleaning as a result of a previous Guest(s) rental, rare or unforeseen circumstances, errors of dates given to the Housekeeper/Caretaker or during Peak and Holiday Seasons. Guest(s) agree NOT to tamper with, change the keyless code, or lock on the Keyless entry System.
What to do when you check in: We know that the first thing you want to do is get everything unpacked and head out to town, but before you do, please take a moment to look through the Cabin to ensure that there is NO Housekeeping or Maintenance issues. If you encounter an issue, please report them within 4 hours of your arrival so that our Housekeepers can address them as soon as possible. Lessor DOES NOT offer any refunds, discounts, or credits for cleaning issues. An inventory is done prior to every guest arrival and after each departure. Any damages noticed upon arrival should be reported. If damage IS NOT reported, your credit card will be charged for the cost of the repair or replacement. If any items are found missing from the Cabin after your departure, your credit card will be charged. We DO NOT offer any discounts, refunds, or credits for issues with cleaning. We will return to the Cabin and take care of the problem. *No Refunds or compensation of any kind will be given for any reason after check-in. NO EXCEPTIONS!
CHECK-OUT TIME IS before 11:00 AM (Eastern Standard Time) – No Exceptions! Check-out time is strictly enforced so that our Housekeepers/Caretakers have adequate time to prepare the property for the next Guest(s). Guest(s) may NOT re-enter the cabin after 11:00 AM. Please lock the unit upon departure. If keys are used, all keys must be returned to the Lock Box. A $75 fee will be charged to the Credit Card on File if key is lost and a Lock Smith has to be called to Re-Key the door lock. Guest(s) that do not vacate the rental property by 11:00 AM are subject to a fee of $100.00. Guest(s) are subject to a fee of $100.00 plus (+) the cost of one(1) rental night + Tax if not vacated by (NOON) 12:00 PM. You are responsible for the condition of the Cabin when our Housekeepers/Caretakers arrive after your check-out.
What to do when you check-out - CHECK-OUT RESPONSIBILITIES include the following: We hate to see you go, but when you do, please be sure to plan enough time to return the Cabin to its condition you found it upon your arrival by 11:00 AM to avoid additional charges to your credit card. You must depart prior to 11 AM and you may not re-enter the cabin after 11:00 AM as having it and our other properties turned over by 4:00 PM requires ample time to be cleaned properly.
A. Ensure that all soiled dishes have been washed, rinsed, dried and re-shelved in their proper location. Do not re-shelve dirty dishes!
B. Bundle all used towels, hand towels, wash clothes & kitchen towels and leave in the Bath Tub so that our Housekeeper/Caretaker knows what has been used. Leave the beds unmade with sheets, mattress pads, comforters/quilts, shams and pillowcases on the beds *DO NOT place any bed linens with wet towels in the bathroom.
C. Bag all garbage and debris from the bathroom, bedrooms, kitchen, & Hot tub area. Dispose of all food and drinks from Cabinets, the Refrigerator & Freezer. Tie the bags and place in the outside Bear Proof Garbage receptacle next to the Cabin. DO NOT carry the garbage up to the road. These bins are owned by the owner across the street. Secure lid and make sure the container is latched properly to prevent animals from access. DO NOT place “loose” Garbage in the cans. Guest is responsible for garbage strewn about by animals.
D. Ensure all indoor & outdoor furniture is in its original position.
E. Ensure all ceiling fans, lights (except where indicated on the switches) and all small appliances (coffee maker, toaster, TV’s, game systems etc.) are turned off. DO NOT UNPLUG. Close all mini blinds.
F. It is mandatory that you secure the Cabin by locking all windows and doors upon departure. Return all Keys to lock box if used. (If cabin is left unsecure by the Guest(s) there is a $100 charge. If the unsecure Cabin results in items being damaged or stolen, Guest(s) will incur the cost of replacement of items in addition to the $100 charge.)
G. Ensure the Hot Tub cover is on the tub.
H. Put all games, game controllers, DVD’s and remotes are back in their proper locations.
I. Ensure that the grounds around the Cabin, porches & decks are clean and free from any Garbage.
J. Ensure the grill racks have been cleaned, & the propane tank has been turned off.
K. Reset the thermostat to 62 degrees in the winter months and 78 degrees in the summer months.
L. Ensure that the Fireplace has been turned off. (Winter Months)
M. Flush the toilet & Ensure the Cabin is left in the same neat, orderly and respectful condition as upon arrival.
N. Walk through the cabin one last time to make sure that you have all your belongings before you check out.
12. Refund Policy/Maintenance - Although we perform regular maintenance and inspections, Lessor CANNOT guarantee against mechanical failure of heating, air conditioning, water, Hot Tubs, TVs, cable modems or outages, WIFI, any public utility, electronics, fireplaces, DVD players, gaming systems or other small and large appliances. Please report any inoperative equipment to us promptly. We will make every reasonable effort to have repairs done quickly and efficiently during normal business hours (8AM - 5PM EST). Please limit these calls to normal business hours unless it is an Emergency. (Emergency issues include: Severe Plumbing leaks, Heat & Air, Electrical problems other than complete power outage, Guest(s) is locked out, fire and security issues) All other issues would be considered NON-Emergencies and addressed during normal business hours or Guest(s) may be charged additional fees. ****No refunds, rent reductions, relocations, credits, rebates or any sort of compensation will be made due to failure of appliances, amenities or equipment. *We reserve the right to perform exterior and /or interior maintenance during your stay. If a service call is necessary, we will attempt to contact you to schedule the visit and will do our best to avoid any inconvenience to you. In an Emergency, or for inspection purposes, Lessor or his agent may enter the premises at any time without securing prior permission from the Guest(s). EMERGENCIES TAKE PRECEDENCE OVER NON-EMERGENCIES. IF REPAIR IS NEEDED, WE ARE AT THE MERCY OF THE SCHEDULE OF THE SERVICE TECHNICIAN AND IF PARTS ARE NEEDED AND HAVE TO BE ORDERED, WE HAVE NO CONTROL OVER DELIVERY SCHEDULES OR PARTS STORE HOURS. Do to the fact that a good number of our reservations are for 2 or 3 night stays over weekends, and we are NOT a Hotel and DO NOT have around the clock maintenance people, we CAN NOT Guarantee that non-emergencies will be able to be scheduled or repaired during your stay. Guest(s) agree that should a repair technician make a service call to the cabin and find that the equipment IS in working order and the problem was due to the Guest(s) oversight or neglect, the charge for the service call WILL BE at the Guest(s) expense and charged to the credit card number on file. (Area minimum service call fee’s START at $89.00) *Guest(s) agree to promptly notify Lessor of all General Maintenance or if something is not operating correctly during normal business hours or via email, so the Cabin can be kept in good repair. If Guest(s) find small items that need attention, please just leave a note for the Housekeeper/Caretaker so that these items can be replaced or repaired prior to the next Guest(s) arrival. (Light bulbs, Batteries, Door Knobs, etc.)
Acts of God - Neither Owner nor Lessor shall be liable for events beyond their control which may interfere with Guest(s) occupancy, including but not limited to Acts of God, acts of Governmental Agencies, fire, strikes, war, loss of electrical power or water, Heating & Air Conditioning, public utilities including cable Television & WIFI service, presence of insects/bugs, Bear Sightings, closing of the National Park, location of the Cabin, inclement weather, or construction noise from nearby sites. NO REFUND, RENT REDUCTION, RELOCATIONS, CREDITS, REBATE OR ANY SORT OF COMPENSATION will be offered for any reason after check in. No Exceptions! We highly recommend that you purchase Travel Insurance to properly plan for these types of scenarios. *Please see instructions below if you experience a Power outage during your stay.
13. Accommodations – This Cabin is best suited for (1) one Couple or a Family with up to 2 Children. The Cabin includes One (1) Full Size Bed in Main Floor Bedroom, One (1) Queen Size Bed in the Loft, and one (1) Pack N Play. There is one (1) Bathroom with Bath Tub/Shower Combination & toilet, Out Door Hot Tub tucked under the Cabin on a Patio, PS2 & Electric Fireplace.
14. Linens - A supply of Linen and Towels are provided in each property to meet the maximum capacity except for the Pack N Play. If you plan on using the Pack N Play, Please bring sheets and blankets for the Baby. We provide Bath Towels, Hand Towels, Wash Clothes, & Kitchen Towels. Guest(s) agree to be careful and NOT soil the Comforters/Quilt sets and Pillow shams. Pillow shams are not pillow cases and Guest(s) agree to remove the shams if they plan on using the Pillows. Guest(s) agree NOT to place their suitcases on the bed and to use the suitcase stand provided. Bed linens and bath towels are NOT changed during your stay, they are changed only after Check-out. Guest(s) are expected to launder towels, & Linens as needed during their stay. This is a Budget Cabin and DOES NOT have a washer/dryer. (There are several Laundry Mats conveniently located around town. See the Cabin notebook for addresses.) Please plan accordingly for longer stays. Guest(s) should bring Beach Towels for the Hot Tub area. Cabin towels and Linens are not allowed to be taken out of the Cabin except to launder. Guest(s) agree for their credit card to be charged for any missing or damaged Bed Linens, Mattress Pads or towels. All Linens must be accounted for after your stay!
15. Items Lessor Provides - Your rental Includes initial one-time linen setup, cleaning and Cabin inspection at the time of departure. Daily Maid Service and Daily Trash Removal are NOT Provided. Hot Tubs are cleaned, sanitized, and replenished with chemicals prior to each Guest(s) arrival. Along with Basic Kitchen Ware and Utensils, A Complimentary starter supply only of: Soap, 1 Roll of Toilet Paper, 1 Roll of Paper Towels, Liquid Dish Soap, and Trash Can Liners (including outside) are provided. In an attempt to keep our rental rates low, please leave any supplied items that are not used in the Cabin upon departure. Once you have depleted the provided items, you are responsible for purchasing or bring with you, any additional items needed. Do not call our Housekeeper/Caretaker requesting additional supplies. These items CAN NOT be replenished during your stay!
16. Items Guest(s) Must Provide - A Flashlight to see Keyless entry System after Dark, Bathroom supplies (toothpaste, shampoo, conditioner, hair dryer), food and drink items, coffee & coffee filters, condiments, spices, extra paper towels, toilet paper, napkins, extra garbage bags, aluminum foil, plastic wrap, baggies, to go containers, favorite pillow, Beach Towels for Hot Tub use, cleaning supplies and a good book. Sheets and Blanket are NOT provided for the Pack N Play. If Guest(s) require special appliances or equipment, please bring it with you. * Guest(s) agree that they will NOT bring any of the following items, which are NOT allowed in our Cabins, to the property: No Kegs, Candles, Incense, Electric, Kerosene or Propane Heaters, Fireworks, Fire Arms, Air Soft or Propellant Gun/toy, Paint Ball Guns, Pesticides, Bleach Based Cleaning Products, Aerosol Sanitizers, and Air Fragrances..
17. Furnishings and Amenities - Furnishings and amenities are subject to change without notice at the Owner’s discretion. Any difference in amenities or furnishings DOES NOT entitle Guest(s) to any refund or credit of monies paid. Furniture, bedding, towels & Linens, mattress pads, utensils, decor or any other property/items supplied within the rental property must not be taken out of or transferred from one property to another. Loss of these items, as well as damage to the property or furnishings in excess of normal wear, will be charged to the Guest(s) credit card on file. DO NOT move furniture in this rental residence. You will incur an additional charge for Housekeeper/Caretaker to reposition furnishings and décor. All kitchens are fully equipped. *This Cabin is Privately Owned and decorated to the Owner’s personal taste. Please remember that this is someone’s Personal Cabin. The Owner's care about their property, as well as the enjoyment of your stay. Please take care of the property during your stay.
A. Hot Tubs – If there is any problem with the Hot Tub, Contact us! DO NOT enter the Hot Tub if there are mechanical or electrical problems. Bromine is used to maintain water quality. The Floater (Chemical dispenser) must remain in the Hot Tub at all times. DO NOT turn the Hot Tub OFF! No Children under the age of 12 are permitted in the Hot Tub at anytime. Do not leave Minors Unattended in the Hot Tub area. Remember when using the Hot Tub, there are certain Health risks associated with this amenity. Use of the Hot Tub is at Guest(s) own risk. Prior to use, consult a Physician if you have any questions or concerns regarding use of a Hot Tub. Pregnant Women and Women who may possibly be pregnant, and Guest(s) with pre-existing health conditions, Sensitive or allergies or susceptibilities to Chemicals, High or Low Blood Pressure, Circulatory System Problems, Diabetes, Obesity, Heart Disease, Thyroid Disease, Multiple Sclerosis, etc. or Guest(s) consuming Alcohol or taking Medications which induce drowsiness, such as tranquilizers, anti-histamines or anti-coagulants should NOT use the Hot Tub. Individuals who have or may have suppressed or weak immune systems should NOT use the Hot Tub. Infections spread rapidly in Hot Tubs. DO NOT use if you have an open wound or infection of any kind. Hot Tubs are cleaned, sanitized, and replenished with chemicals prior to each Guest(s) arrival. When you arrive, the water may NOT be warm yet if the Hot Tub was cleaned the afternoon of your arrival. Have patience and give it a few hours to warm up. (5 to 6 hours from the time it was refilled) Some make-up, lotions, soaps etc. can cause a skin rash when mixed with Hot Tub Chemicals; therefore Guest(s) should shower before and after Hot Tub use. If residue from such items as Soaps, Bath products, Bubble Bath, Bath Oils, Lotions, Food, Drinks, Glass, Alcohol, Etc. is Found in the Hot Tub, the Guest(s) will be charged $200. Foreign materials can cause damage to the mechanical equipment and affect the chemical balance of the Hot Tub. Jewelry should not be worn in the Hot Tub. We ARE,NOT responsible for any jewelry or clothing damage if worn in the Hot Tub. Discoloration or certain fabrics and permanent damage to jewelry can occur. Contact lenses should be removed prior to entering the Hot Tub. DO NOT have Sharp Objects or Electrical appliances, such as a light, telephone, radio or television within 15 feet of the Hot Tub or Hot Tub cover. Hot Tub covers are for insulation purposes only and are not designed to support the weight of a person(Adult or Child). Never stand, lean, walk lie or sit on the Hot Tub cover. They will break! Any damage to the cover will result in a $500 Charge. Hot Tub covers are inspected after each rental. Please use care when removing and replacing the cover to prevent damage. Hot Tub covers are to be kept on the Hot Tub at all times unless the Hot Tub is being used. Hot Tubs will continually circulate; DO NOT TURN IT OFF! *A Hot Tub is not a swimming pool. Submersion in a Hot Tub by any person can result in serious eye, ear and respiratory problems, and Long hair can become tangled in the intake. Guest(s) should not have to add water to the Hot Tub during your stay. If water is added, Guest(s) agree NOT to leave the water hose attached to the spigot due to danger of freezing in the winter.
B. Hot Tub Safety – Enter and Exit the Hot Tub slowly and carefully. The steps may become slippery when wet! Never use the Hot Tub during a Thunderstorm! For your health, we follow the guidelines set by the US Consumer Products Safety Commission and the National Spa and Pool Institute for maintaining proper water temperature in our Hot Tubs. The water temperature should NOT exceed 104 degrees F (40 degrees Celsius) at any point in time. They site that high water temperatures can cause drowsiness to occur that may lead to unconsciousness and drowning. The Hot Tub water will also raise your body temperature, and thus your blood pressure that may lead to heat stroke and death. A safe soaking time should NOT exceed 15 – 20 minutes. Prolonged usage, can lead to rashes, a variety of Heart related illnesses such as Stroke, Heart Attack, Nausea, Heat Stroke, Brain damage and Death. Some medical authorities have recommended a lower temperature of 100 – 102 degrees F maximum. Generally, 100 – 102 degrees seems to be accommodating to all bathers and is NOT considered a health risk for a Healthy Adult. If Guest(s) call our Housekeeper/Caretaker or the Owner stating “The Hot Tub is Not Hot Enough” and it is tested and reads more than 100 degrees, you will be charged $89.00 for a service call. There is a $35 charge if Guest(s) request an additional cleaning of the Hot Tub during guests stay. Lessor and or Owner, assumes NO responsibility for any occurrence associated with use of the Hot Tub. *Caution - When entering areas that are near water or moisture sources, the flooring in the region of the water may become slippery when wet or damp. This includes but is not limited to: Bathtubs, Showers, Sinks, & Outdoor Hot Tubs. All Guest(s) assume the risk of injury when entering these areas that contain a water or moisture source and will hold Preskitt Properties LLP and Cabin owner harmless with respect thereto.
C. Fireplaces - Fireplaces are ONLY open from October 15th – March 15th. DO NOT use the fireplace unless outside temperatures permit a fire. DO NOT turn on the Air Conditioner or open the Exterior Doors or windows while the Fireplace is in use. The Unit will continue to run and cause the Heating and Air Conditioning unit to “Freeze up.” The Thermostat will not be able to adequately read the temperature inside the Cabin. DO NOT attempt to alter the Fireplace in any manner or use During the OFF Season. A $100 charge will be charged to the Credit Card on file if the fireplace is used during the Off Season. This Cabin has an Electric Fireplace. Once you have turned the Fireplace timer on, Do NOT Force it off. Logs are not to be rearranged for any reason. DO NOT throw or place any foreign items especially non-combustible or dangerous materials in the Fireplace. DO NOT attempt to cook food or Burn real Wood!! DO NOT leave the Fireplace turned on while unattended or if you leave the Cabin. Lessor and/or Owner assume NO Responsibility for any potential liability or damages that are the result of your failure to abide by these policies. Guest(s) are responsible for any damages caused by use of the Fireplace.
D. Gas Grill - This Cabin has a Propane Gas Grill. Guest(s) agree to clean off the Grill Racks and be sure that the propane tank is turned off after each use and prior to vacating the property. If propane is left on and the tank is drained, a $50 charge will be charged to the Credit card on file to replace the tank. Grill racks must be cleaned off after each use to prevent the attraction of Bears and Raccoons. DO NOT remove the lava bricks/rocks. DO NOT put charcoal in the Gas Grill. This is extremely dangerous. NO Baking Pans or Dishes from the Kitchen are allowed to be used on the Grill! Please watch the Grill Carefully! *No Outdoor Fires are allowed on the Premises!
E. Refrigerator & Refrigerator Controls - When you enter the Vacation Cabin, the Refrigerator will be clean and empty. Placing your personal food that may have warmed since the time you purchased it will cause the refrigerator to work very hard. It may take a while for the Refrigerator to catch up. This process may take up to 12 hours. To help your items cool faster, minimize opening the refrigerator during the first few hours. Be patient. If the ice is frozen in the freezer, the unit is more than likely working fine. DO NOT Adjust the cooling setting on the Refrigerator or Freezer any cooler than the Medium setting! Turning the settings cooler than Medium can cause the Refrigerator or Freezer to overload, stop working or cause a defrost cycle to occur. It can take up to 24 hours for the refrigerator to recover once the defrost cycle has started.
F. Thermostat – This Cabin Thermostat contains the “LOCK OUT” feature. This feature is used to prevent the Heat & Air unit’s compressor from “Freezing up” the coils in the Summer due to Turning the Cooling Setting Below 68 Degrees or use of the Fireplace in warmer weather and then turning the Air Conditioning on. If the coils freeze up, this will leave the system unable to cool for up to 12 hours or more. DO NOT attempt to force the Thermostat above 75 degrees in the Winter or Below 68 Degrees in the Summer. It is “LOCKED OUT” at these temperatures and you will break the Thermostat. IF you break the Thermostat, a $250 charge will be charged to the credit card on file for it to be replaced. The Thermostat must NOT be changed to the “ON” setting. It must remain on the “AUTO” setting at all times. *DO NOT run the Air conditioner with exterior doors or windows open, the coils will “freeze up”!
G. Water, Sewer & Drains - This Cabin has City water & City Sewer. DO NOT flush anything other than toilet paper. No Feminine products should be flushed at any time. If there is blockage after Guest(s) departure and a plumber determines that foreign materials or feminine products were put into the toilet or drain, the Guest(s) agree to a minimum of $200 charge to be charged to the credit card on file. Guest(s) agree to leave all drains “free running” as they were upon arrival. Guest(s) agree that they will place all cooking grease, bagged, and in the Outside Garbage cans and will NOT pour any cooking grease down the Kitchen sink, any other drain, or in the toilet.
H. Cable Television – This Cabin is equipped with Basic Charter Programming and may be subject to change without notice. WE DO NOT offer Pay Per View or Premium Channels. DO NOT attempt to use the Pay Per view service. We CANNOT guarantee any programs, events or subscription levels. DO NOT Remove/add any locked Channels, change any of the existing set ups or remove or reattach any existing audio/visual cables including but not limited to TV’s, DVD Players, Gaming Units etc. Guest(s) agrees NOT to change or modify any of the wiring set up of the cable Television systems. Some of our electronic equipment is equipped with theft control devices both overt and covert. Tampering with wires can set off a continuous alarm on equipment that can only be turned off by us. Normal movement of the Equipment will not set off these alarms, but disconnecting wires will and the Guest(s) will be responsible for all fees incurred by us to have the alarm reset by maintenance personnel. If any of the above said items are found disconnected or tampered with, the Guest(s) agree to be responsible for all service call charges relating to these issues and a charge of $75 per occurrence will be charged to the Credit Card on file.
I. Telephone – This rental Cabin is equipped with a telephone for your convenience and safety. This service includes free Local Calling ONLY. DO NOT use the call back feature, Directory assistance calls such as 411 or 611 or make Long Distance phone calls. They are NOT allowed on the Land line. If Charges are found on our phone bill when received by the Lessor, you agree for Lessor to charge the Credit Card on file for the charges incurred during your stay. Bring a calling card, credit card or cell phone if you plan on making Long Distance calls during your stay. Most Cell phones will get reception at this Cabin depending on the carrier. When traveling in certain areas of the mountains, you may not be able to obtain cell phone service. The phone number to the Cabin will be typed at the bottom of your Directions and Access information email.
J. Free Wireless Internet Service – This cabin is equipped with FREE CHARTER High Speed Wireless Internet. Access is for Legal use only. DO NOT attempt to change the WIFI Password. Guest(s) agree that If Password is changed, a $200 fee will be charged to the Credit Card on file. DO NOT remove or reattach any of the cables relating to the Wireless Router. The code to access the Internet Service will be typed at the bottom of your Directions and Access information email in Bold Print and also posted on the Refrigerator. Guest will accept full and sole responsibility for using the Internet for legal internet activities only for the duration of Guest(s) stay. Using Internet Service to engage in any form of Copyright Infringement is expressly prohibited by our Internet Carriers “ACCEPTABLE USE” Policy and we can be fined for Illegal Downloads. If there are Illegal Downloads or Copyright Infringements during Guest(s) stay, Our Internet Carrier will Notify us with the exact dates and times of the Illegal activity. Copyright Infringements or Violations of any of the Internet Carriers Policies may result in Charges per Violation when reported by our Service Provider. We reserve the right to seek Additional Damages in case of a Law Suit or any other financial Penalty against the Owner or Lessor caused by these violations. Guest(s) accepts all responsibilities for use of the Internet through our Wireless Connection! ****Cable TV and Wireless Internet Service are provided as a convenience only and are not integral to the lease. No Refund of rents shall be given for outages, content, lack of content, speed, access problems, lack of knowledge of use, or personal preferences with regard to service.
K. PS2 Gaming System – Guest(s) agree NOT toDisconnect or move the PS2 Gaming System to another TV. This may cause an overloaded outlet and breakers to trip.
18. Community Rules & Guest Behavior - In an effort to maintain the proper appearance of our Cabin, we ask that nothing (i.e. towels, swim suits, etc.) be hung from the rails of balconies or decks and they be left free of clutter. Most Cabins are located in residential neighborhoods and/or Resorts that are controlled by a Home Owners Association. The Associations have very strict rules that must be respected. Guest(s) agree to abide by the rules and regulations of the Community and the City of Gatlinburg. These may be posted in the unit. These rules may change without notice. This Cabin is designed for the quiet enjoyment of our Guest(s). Guest(s) will conduct themselves in a manner Non-Offensive and respectful to neighbors. Guest(s) shall NOT disturb, annoy, endanger, or inconvenience neighbors, use the premises for any immoral or unlawful purposes, violate any law or ordinance, commit waste or nuisance on or about the premises and abide by our “NO HOUSE PARTY POLICY”. Our Housekeeper/Caretaker do drive by periodically to inspect our properties. If she sees anything unusual, Lessor will be notified immediately and appropriate action will be taken. Should a Guest(s) be arrested for underage drinking or use of any illegal substances while at the rental property, or should Housekeeper/Caretaker, maintenance staff or Agent of ours observe a Guest(s) under the age of 21 consuming alcoholic beverages or performing illegal activity, this renal Agreement will be terminated and the Guest(s) evicted at our discretion. By electronically signing the rental contract, you understand that Guest(s) are using Community Amenities at your own risk and Lessor assumes NO responsibility or liability for any occurrence associated within the Community.
19. Rental Assignment Change - Lessor reserves the right to change Rental Assignment (move to another Cabin) without prior notice or liability in the event of the sale of the rental property, or if the Cabin becomes unavailable due to errors, repair or damage due to other Guest(s), weather related, or other unforeseen issues. When comparable accommodations are not available, Guest(s) will have the option of selecting from available properties or receiving a refund for the length of time forfeited due to unavailability. (This includes errors given to Housekeepers/Caretakers and guest unable to depart the Cabin due to inclement weather conditions or Housekeepers not being able to get the Cabin to clean due to weather conditions.) *This shall be Guest(s) sole remedy for any and all liability or inconvenience arising out of Cabin unavailability.
20. Weather & Winter Driving Conditions - Mountain roads can be tough at any time of year. We DO NOT guarantee any road surface conditions. Most roads in the area are well maintained, but some can be curvy and steep. This cabin is located on a Paved road. In the late fall, winter, and early spring it is not uncommon to occasionally have snow accumulations and hazardous road conditions. Winter road conditions and Mountain road maintenance are NOT guaranteed. Please anticipate this in you plans if scheduling in the winter months. We DO NOT refund due to road conditions. You are responsible for your transportation. We cannot provide any transportation for Guest(s) nor are we responsible for any towing charges you may incur during your stay. It is the Guest(s) responsibility to check the weather forecasts and road conditions prior to departing for Guest(s) stay. For current weather and road conditions, call 1-800-342-3258 or the Tennessee State Highway Department at 1-877-404-3028 or Local: 1-865-436-5181. Guest(s) assume all responsibility and risk associated with accidents or injury on ice or snow when at the Cabin or on the premises.
21. Power Outages - Sometimes in the Mountains we experience power outages. This Cabin is NOT on a well. It has city water. If the power goes out, you WILL still have water. If you do experience a complete power outage during your stay, contact the Sevier County Electric System at: 865-774-6300 to report the problem and obtain more information. (If you call from the cabin phone, they can identify the physical location of the outage problem.) You can view a current outage map at: www.sces.net:88 If you leave the Cabin during a power outage, you must lock the door! The keyless entry system WILL work. It operates on Batteries. *There is an Emergency Power Outage Kit under the kitchen sink. Guest(s) agree to return all items after use.
22. Pests & The Smoky Mountain Environment - Pest control is completed on an every other month basis by a licensed Pest Control company. Guest(s) may occasionally find and “uninvited Guest” in the form of one of Mother Nature’s small Creatures. Guest(s) are staying in the heart of A National Forest/Wooded Mountain area. This does create certain challenges. We do appreciate our Guest(s) understanding and hope you will enjoy the Beauty of the Great Smoky Mountains and all of “God’s Creatures Big and Small!!!” Should you experience a MAJOR pest control issue, please contact us so we may attempt to eradicate the problem. We DO NOT guarantee that your cabin will be Pest or creature Free in the Smoky Mountains and we DO NOT offer refunds or discounts for these types of occurrences.
23. Critters & Wildlife - There are a number of different animals and wildlife species you may encounter during your stay. It is imperative that you DO NOT feed any animals you come in contact with. Feeding the animals directly or by not securing your garbage cans can be very dangerous. No refunds will be given for Raccoon or Bear sightings. This is the mountains and the bears do live here. DO NOT leave garbage bags or food in containers or coolers on the decks or the exterior of the cabin as Raccoons and Bears, and other wildlife will snack on anything left outside! Please do your part by keeping windows and doors closed, all food inside, and garbage in the appropriate outside latched receptacles.
24. Garbage - We have installed a Green Iron/Metal Bear Proof Garbage container next to our Cabin. DO NOT carry the Garbage up to the road. These containers are owned by the owner across the street. Please DO NOT leave any garbage outside the Cabin unless it is placed securely in the Green Container and latched. You are responsible for clean up if a Bear or other Critter gets into the Garbage. All Garbage must be placed in plastic garbage bags. It is required that all garbage is bagged while in the Cabin to prevent from attracting pests. Please DO NOT throw garbage off the decks. All Garbage is removed after Guest(s) departure. Please DO NOT let outside Containers overflow due to Bear and Animal problems.
25. Parking – Parking is limited to (1) Standard Automobile. Vehicles are to be parked on the Driveway parking area in front of the Cabin. Parking on the road is not permitted. Any illegally parked cars are subject to towing. Applicable fines/towing fees are the sole responsibility of the vehicle owner. No Motor Homes, Campers or Camping on the grounds of the Cabin or Community will be allowed. No Trailers, Boats or jet Skis without written permission of the owner prior to arrival. Lessor is NOT responsible for any vehicles or personal property in Guest(s) vehicles.
26. Locked Areas – Guest(s) agree NOT to tamper with or enter any locked area containing the Owner’s personal effects. These areas are NOT included in the rental. If locked areas are found to be tampered with, Guest(s) agree to pay for any damages, loss (missing items) and/or repair resulting from their entry of the locked area.
27. Fire Arms, Fireworks, Air Soft & Paintball Guns – No Fire Arms, Fireworks, Air soft Guns, Propellant Gun/Toy and/or Paintball Guns are allowed at any of our Properties. Any evidence of their use will result in a $300 charge to the credit card on file. No Exceptions!
28. Listings, Photos and Pricing - Information regarding this rental Cabin is believed to be accurate but cannot be Guaranteed. Lessor has made every effort to ensure that all the information on our Website(s) is current & accurate. The possibility of errors and omissions exists. We will be happy to confirm all data and information contained herein or will be glad to answer any questions you may have prior to booking your reservation. Rental Rates and fees are subject to change without notice if a reservation has not yet been confirmed. Cabin furnishings are subject to change at any time. You may view photos of our Cabin on our web site or Advertising listings. Photographs are meant ONLY to give a general feel for the Cabin; specific furnishings and décor items in the Cabin change from time to time and may vary from the Photographs.
29. Security of Guest(s) Personal Property - You are solely responsible for all personal items brought to the Cabin. Lessor is NOT responsible for any theft or vandalism, or any other damages to any personal property or for any personal belongings left by Guest(s) after departure, in the Cabin, or on the Lessor’s Property. Our Property Homeowners Insurance DOES NOT cover items brought to the Cabin by outside Parties.
30. Indemnification and Hold Harmless - Guest(s) agree to indemnify and hold harmless the Cabin Owner, Trustees, Sugar Shack & Preskitt Properties LLP (Lessor), from any liabilities, theft, damage, cost or expense whatsoever arising from or related to any claim or litigation which may arise out of or in connection with Guest(s), (individually or collectively), use and occupancy of the rental property, including but NOT limited to any claim or liability for personal injury, sickness, accidents, damage, theft of property or items left behind, which is made, incurred or sustained by Guest(s). Primary Rental Guest agrees to be solely responsible for the safety of each person staying in the Cabin. Guest(s) shall follow safe practices and be familiar with the proper use and applications when using ALL Amenities at the Cabin, prior to using them, which include but are NOT limited to: Hot Tubs, Grills, & Fireplaces. The Terms "Sugar Shack", "We", "Preskitt Properties LLP", & "Owner as used in this Agreement shall include their heirs, successors in interest, assigns, Employees, Agents, Managers, Board Members, Officers, and Representatives where the context requires or permits.
Denying Payment, Additional Fees, or fines - If Lessor (Preskitt Properties LLP) must obtain legal advice or counsel for matters arising from payment discrepancy involving a Guest(s) or Payment vendor such as a credit card Company, our legal counsel will seek rightful payment or collection for Preskitt Properties LLP on behalf of the Owner. If disputes are transferred from our Management to a collection team, Primary Rental Guest(s) of record will become responsible for all charges proved to be their responsibility in a court of law.
Disputes - Both the Lessor and Guest(s) agree that "time is of the essence" when it comes to comments and Guest(s) disputed charges. It is in the best interest of both parties to have all correspondence in writing. Guest(s) agree to notify Lessor in writing. Issues of this nature will NOT be handled over the phone.All decisions made concerning Guest(s) comments and disputed charges by Lessor or Management are considered final.
This agreement shall be governed by the interpreted in accordance with the laws of the State of Tennessee, and shall be treated as though it were executed in the County of Sevier, State of Tennessee where the Vacation rental is located. Any actions related to this Agreement shall be instituted and prosecuted only in the Sevier County Circuit Court, Tennessee. Guest(s) specifically consents to such venue and jurisdiction and to extraterritorial service of process. In the event that any action shall be commenced by either party arising out of, or concerning this lease or any right or obligation derived there from, the prevailing party shall be entitled to receive Attorney’s fees as fixed by the court and court costs in addition to all relief at law or equity.
31. Violation of Agreement & Expedited Eviction - If Guest(s) violates (Breaches) any of the conditions of this Agreement, which, in the sole determination of the Lessor, results in: damage to the Premises, personal injury to Guest(s), a breach of the peace, a nuisance to others, or a violation of riminal law or local code, shall be grounds for termination of Guest(s) tenancy and this agreement. Upon notice of termination of this Agreement, Guest(s) shall vacate the premises immediately and forfeit all rents.
32. Credit Card Agreement - In consideration for the use of this rental unit, I am providing my credit card number as a guarantee of payment to Lessor. I agree to pay all rent and all charges related to this property rental for myself and all other Guest(s) in my group. I have read and I accept all terms of the rental agreement and accept all liability for rent and charges incurred by me or any other member of my group, related to this property rental, as well as excess cleaning charges and cost for repair or replacement of any damage or missing items that occurs to the property or its contents beyond normal wear and tear during or found after my departure for the term of my rental with Lessor. This also includes any theft or vandalism of any property at the Cabin. I understand that these costs will be charged to my credit card, in the absence of a damage deposit. I authorize Lessor to charge my credit card for payment of these items. I have signed this agreement “electronically” (without original signature on a charge slip), and I understand that this credit card authorization cannot be revoked and will not terminate until ninety (90) days after leased premises are vacated.
By submitting my reservation, payment of monies, and signing via electronic signature, I have read, fully understand, agree, and I am bound to all of the above policies listed in this agreement.
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