TERMS & CONDITIONS FOR

SACRED MOUNTAIN CABIN, 316 BROWN WREN WAY, GATLINBURG, TN 37738

PLEASE REVIEW THE FOLLOWING INFORMATION AND PRINT A COPY FOR YOUR RECORDS.

Owners: Charlie and Cheryl Neglia

(615) 818-6222

Website: cabinviews.com

Upon booking, there will be two payments, 50% at the time of reservation and the balance 30 days prior to check in. If payment is not received within 7 days of invoice, we may treat the failure to pay as a cancellation by you of your reservation, may rent the cabin to another person, and may apply the advance rental payment as provided below under Cancellations. Reservations made less than 30 days prior to actual check-in require payment-in-full by credit card.

NO CHECK-INS OR CHECK-OUTS ON CHRISTMAS DAY OR THANKSGIVING DAY.

To reserve, you must be married or 25 years of age unless accompanied by an adult or parent. We do not rent to un-chaperoned groups. We do not refund for "No Shows." Reservations made under false pretenses are subject to termination and forfeiture of all monies paid. Guests are responsible for any damages that occur during occupancy.

TO COMPLETE THE RESERVATION PROCESS, WE WILL NEED A COPY OF YOUR DRIVER'S LICENSE. I'VE FOUND THAT THE EASIEST WAY TO SEND A COPY OF YOUR DRIVER'S LICENSE IS TO TAKE A PICTURE OF IT WITH YOUR CELL PHONE AND TEXT IT TO US AT 615-260-2424.

Check in is 4PM local time (EST) and checkout is 10AM (EST)

Our cabin has Keyless Entry; keys are not needed to access the cabin. Once your reservation is paid in full, we will send via email important information, directions to our cabin, and your keyless code. Repeatedly entering the wrong code or tampering with the touch screen could lock you out. Please explain to small children that the keyless entry is not a toy. A $375.00 fee will be charged for a locksmith to reset the keypad.

Internet, tvs, utilities, all appliances, AC, Heat, City Water/Sewer, Pool & Hot Tub are provided but not 100% guaranteed. We will do our best to immediately address any issue and resolve it in a timely manner.

* ** * * * * * * * * * * * * * * * * * * *

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 (1.877.246.5376 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.

ACCIDENTAL DAMAGE INSURANCE: Accidental damage protection is included for any damages or accidents, subject to exclusions and limitations that occur to the premises during your rental period up to $3,000. Any damage or accident that is not covered under the policy will be the responsibility of the leaseholder.

1. No Fireworks allowed on premises.
2. No outdoor fires allowed on premises.
3. No candles allowed inside or outside the cabin.
4. No Smoking allowed inside the cabin. Do not throw your cigarette butts in the woods as this can cause a fire, etc. Cigarette Butts outside must be properly disposed of and we would appreciate you not leaving them in or around the cabin as this is not a welcome sight for the next guests. We thank you for your cooperation.

ACCIDENTAL DAMAGE POLICY: In lieu of a security deposit, a $69 Accidental Damage Insurance policy is applied to each lease.

The property owners do not hold a security deposit, “BUT” you agree to pay for any damages that are reported by housekeeping. The property owners reserve the right to charge your credit card for the damages and will report to you immediately when this occurs. If there are no damages or extra cleaning fees, there will be no additional charges applied to your credit card. A detailed report of all extra charges will be sent to the guest in writing.

ivacationonline.com Warranty Protection (IWP)

ivacationonline.com Warranty Protection (IWP) is included for all damages or accidents, subject to exclusions and limitations that occur to the premises during your rental period up to $3,000. Any damage or accident that is not covered under the policy will be the responsibility of the leaseholder.

CANCELLATIONS: All cancellations made 61 days or longer before your arrival are subject to a $100 fee. No refunds will be given and reservations cannot be changed or cancelled within the 60 days prior to your arrival. The guest named on the rental agreement is the only person who may cancel the reservation.

If you must cancel your reservation within 60 days of your arrival and have not purchased the Trip insurance, we will do our best to re-rent your period. If the cabin is re-rented for the entire period and prepayment has cleared, we will issue you a refund at 50% of the re-rented amount. If a pet fee was paid, the Non-Refundable Pet Fee will not be refunded.

In the late fall-winter-early spring, it is common to have hazardous road conditions. Although our resort does a very good job maintaining the roads, winter road conditions and maintenance are not guaranteed. We do not refund due to road conditions or inclement weather. We Highly Recommend TRAVEL INSURANCE. This home is located in the mountains where weather can be unpredictable in the winter months.

Only the registered guest named on the rental agreement may notify us either in written or verbal form of the requested change for a reservation transfer. A new rental agreement will be issued that must be signed and returned. No reservations may be shortened or changed 60 days or less prior to the original arrival date.

We will hold the leaseholder responsible for payment and other facets of the leaseholder responsibilities spelled out in the lease. If the leaseholder is not the credit card holder, documents from the card holder must also be completed before check-in is allowed.

ACCOMMODATIONS: Our cabin is very well-maintained and cleaned. However, like any home it may experience unexpected breakdowns. Issues may happen with utilities (electric, water, cable, etc.) that are beyond our control. Every effort will be made to remedy 'unpleasing' situations and to correct problems in a timely manner. You can expect a courteous and professional attitude to problem solving; however, recompense will not be issued due to malfunctioning equipment or utility problems. Your silence indicates full acceptance of the unit and its condition.

ACCESS: Guest shall allow Homeowner access to the property for purposes of repair and inspection. Homeowner shall exercise this right of access in a reasonable manner.

CABIN CARE: Please note locations of fire extinguishers and exits upon arrival. HEAT - Do not turn off heat during cold weather, and AIRCONDITIONING – do not turn the AC thermostat below 70°, as it will cause the system to freeze up. REFRIGERATORS – DO NOT adjust temperature colder than the middle setting, it will cause the unit to shut down.

1. All of the cabins in the resort are individually owned and separately operated. Please do not remove or exchange furniture or other items that are in our cabin as you may be charged to return to original position.
2. Guest understands and agrees that it is the sole responsibility of the adults to safeguard children. For safety reasons, adults should supervise minors at all times.
3. No darts or dartboards of any kind are allowed on the property. If violated, the guest is subject to a $1,500 violation and up to $4,500 for damages, repairs and cleanup.
4. BEAR PROOF TRASHCAN– Our cabin is equipped with a Bear Proof Trashcan outside in the enclosed area under the stairs. All trash must be in trash bags (liners) which are initially provided upon arrival. No loose trash is permitted, i.e. diapers, cans of any kind, bottles, pizza boxes, or trash of any kind, etc. as this attracts bears and other wildlife that live in the Smoky Mountains. It is the sole responsibility of the Guest to ensure that this does not occur. Upon departure, if any trash is not in a trash can liner, you will be charged a $100.00 cleaning fee. If the Bear Proof Trashcan is at capacity, please contact the Property Owner (Charlie) at 615-818-6222.
5. FIREPLACES(SEASONAL) - Our cabin is equipped with 1 gas fireplace. The Fireplaces may not be operational from April 15th through October 31. No foreign materials are to be burned in the gas fireplace, including foods (marshmallows). Do not remove protective screen/glass. For your safety, never move the logs in the gas fireplace. Doing so can cause carbon monoxide and heavy black soot. "SHOULD THIS OCCUR, GUESTS WILL BE RESPONSIBLE FOR ALL EXTRA CLEANING and OUTSIDE MAINTENANCE COMPANIES FOR REPAIR.
6. APPLIANCES- Should you have any trouble with any of the appliances, please do not attempt to repair yourself. Please contact owner immediately if this occurs!

CAPACITY CONSIDERATIONS & NOISE: The maximum occupancy applies to sleeping capacity. Our cabin is to be used for the QUIET enjoyment of our guests and NOT to be used for parties, large gatherings or receptions beyond the sleeping capacity of 11 persons. “Disturbing the Peace” may result in eviction. If you have need of a group facility or large gathering place, we have recommendations. Quiet Times are from 11 PM until 8AM. No Campers or camping on the grounds will be allowed.

CHOICE OF LAW: This Agreement shall be governed by the laws of the State of Tennessee. Each of the parties irrevocably consents to the exclusive personal jurisdiction of the federal and state courts located in Tennessee, as applicable, for any matter arising out of or relating to this Agreement.

CREDIT CARD AUTHORIZATION: I understand and consent to the use of the credit card provided without original signature on the charge slip, that a photocopy or fax of this agreement will serve as an original, and that this Credit Card Authorization cannot be revoked and will not terminate until 14 days after leased premises are vacated. Charges may include: TV charges; damages beyond normal wear and tear, excessive cleaning required after your departure, damages to towels and/or linens, damages of any kind to owners’ personal property, furniture, appliances, locked areas, etc.

DEPARTURES: Before you leave, please read and follow the check-out procedures, if these procedures are not followed, you will be charged $175.00. It is very important to ensure all doors and windows to the home are locked. No refunds will be given for early departures. Renter agrees to leave home in a respectful state. Please load the dishwasher and start it prior to departure. Leave the sheets on the beds and place used towels in the shower. If sofa beds were used, leave bed(s) open. Please place all trash in trash receptacles.

HOUSEKEEPING: The goal of our housekeeper is to provide clean accommodations. Our Housekeepers and Inspectors need every minute after check-out to ensure the cleanliness of our vacation rental. We will do everything possible to make sure your rental is ready for your stay by 4 PM. Upon check-in, please call us immediately if it is not cleaned to your satisfaction. We will then notify the Housekeeping Company and will have the problem in a timely and professional manner. We cannot be held accountable for problems we are not aware of, informed of at check-out or after you arrive back home.

The Property Owner will provide water, heat, electric and trash removal. Refer to Trash Policy.

LOCKED AREAS: Guest agrees not to tamper with or enter any locked areas containing owners’ personal effect. If locked areas are found to be tampered with, guest agrees to pay for all damages, loss or repairs, items stolen, etc. resulting from their entry of locked area.

INDEMNIFICATION AND HOLD HARMLESS: The owners of the property do not assume liability for the loss, theft, damage or injury (or death) to persons or their personal property. Guests agree to indemnify and hold the owners harmless for 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 Guests’ use and occupancy of the rental property, including but not limited to claims for personal injury or property damage/loss.

LESSEE assures the LESSOR that the tenants and/or their guests will observe all conditions and terms of this lease as to maintaining the premises in good order and appearance and will conduct themselves in a manner in offensive to neighbors.

LESSEE assures the LESSOR that any tenant who violates any of the terms of this Lease shall be immediately denied occupancy and shall remedy any damages or other expenses, which are caused by the tenant and/or the tenant’s guest(s).

LESSEE agrees that any tenant and/or guest who is found using drugs or allows others to use drugs on the premises will be immediately denied continued occupancy at these premises.

LESSEE and/or their guests shall not disturb, annoy, endanger, or inconvenience neighbors, nor use the premises for any unlawful purposes, nor violate any law or ordnance, nor commit waste or nuisance on or about the premises.

LESSEE agrees that during the term of this lease and such further time as he/she occupies the premises, he/she will keep the leased premises clean and free of trash, garbage, and other waste.

LESSEE agrees to indemnify and save LESSOR harmless from all liability, loss or damage arising from any nuisance or harm made or suffered on the leased premises by the LESSEE, tenants, or guests or from any carelessness, neglect, or improper conduct of any persons entering, occupying or visiting the leased premises.

In an emergency, LESSOR or his agent may enter the premises at any time without securing prior permission from LESSEE.

LESSEE may not let, sublet or assign this lease for all or any part of the premises without prior consent of the LESSOR.

If LESSEE abandons or vacates the premises, LESSOR may at his option terminate this lease, enter the premises, and remove all property.

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 in addition to all relief at law or equity.

INSECTS & WILDLIFE: Our cabin is professionally treated by a licensed pest control company. Please understand that you are in the Great Smoky Mountains and you may occasionally have uninvited guests. Ladybugs may swarm and cobwebs can appear overnight. Refunds will not be given for visits from these natural and uninvited guests.

LINENS/TOWELS/SUPPLIES/EQUIPMENT: Linens and towels are provided and are the property of the homeowner. Please do not remove linens from the property. We also provide a starter pack for our guests - Kitchen pantry Items which include soups, breakfast items, lunch and dinner accompaniments, Keurig pods, laundry detergent and/or fabric softener, 2 dishwashing finish tabs, dishwashing liquid, 2 rolls of paper towels, 2 roll of toilet paper per bath, 1 organic body soap per bath, Shampoo & Conditioner per bath and 2 trash bags per trash can. You may need to purchase additional supplies during your stay. We do provide umbrellas and flashlights and ask that you please leave them in the cabin upon your departure. YOU WILL ALSO NEED TO PROVIDE YOUR OWN PERSONAL ITEMS AND GROCERIES. There is a Food City Grocery Store about 1-1/2 miles from the cabin.

LOST AND FOUND: We make every effort to locate and return lost items, but will not be responsible for things you lost that we do not find! When you leave something behind, please call us. Guests are responsible for the shipping charges. Lost and found items unclaimed after thirty days are turned over to local charities.

MAINTENANCE: Regular maintenance is performed on our property and every effort is made to keep all equipment in working order. However, as with any home, malfunctions may occur. If something is not working, please notify us immediately at 615-818-6222 (Charlie) (Cheryl).

GUEST agrees to not make any repairs or attempts to repair any items in the cabin. Should the need arise, I will contact owners.

SYSTEM FAILURE: In case of failure of a system or amenity during your stay, including but not limited to, water, sewer, heating, air-conditioning, electrical, mechanical, ventilating structural systems, major appliances, hot tub or entertainment equipment. We shall promptly repair them. You agree to permit access to the house to make repairs. We shall not be liable to you in damages and NO REFUND will be given for such temporary failure, provided we are repairing the system or amenity in a reasonable manner after having received notice from you that repairs are needed.

NO SMOKING POLICY: Our cabin has a strict no smoking policy. Smoking inside will incur a cleaning charge of $500 plus damages, including but not limited to the loss of rental income from future guests. Smokers should plan to smoke outside and are expected to clean and dispose of all smoking waste. Failure to clean up the area before departing will result in additional cleaning fees.

No Smoking allowed inside the cabin. Do not throw your cigarette butts in the woods as this can cause a fire, etc. Cigarette Butts outside must be properly disposed of and we would appreciate you not leaving them in or around the cabin as this is not a welcome sight for the next guests. We thank you for your cooperation.

OCCUPANCY: The maximum occupancy for Sacred Mountain is 11 persons. Children are counted in total occupancy unless they are under the age of two. If there are more than 11 persons occupying the cabin (which would include children under the age of two), we would appreciate the exact of occupants for our records. Over-occupancy is considered a violation of your lease and you will be asked to leave. No refunds will be given. Our cabin is to be used for the QUIET enjoyment of our guests and any guest having house parties, disturbing neighbors with loud unnecessary behavior or foul language or found with an unauthorized pet may result in immediate eviction with no refund and may be subject to prosecution. We DO NOT rent to vacationing students or singles under 25 years of age unless accompanied by an adult guardian or parent. No unchaperoned groups.

VIOLATION OF THIS PROVISION SUBJECTS LESSEE TO SIGNIFICANT PENALTIES WHICH ARE NECESSARY TO PROTECT THE LESSOR BECAUSE OF THE FACT THAT THIS LEASE IS A SHORT-TERM VACATION RENTAL. PENALTY FOR VIOLATING MAXIMUM OCCUPANCY PROVISION: VIOLATION OF THE MAXIMUM OCCUPANCY PROVISION CAN RESULT IN SERIOUS HEALTH PROBLEMS DIRECTLY RELATED TO OVERUSE OF THE SEWER. THEREFORE, IN THE EVENT THE PROPERTY OWNERS DETERMINE THAT THE PREMISES IS OCCUPIED BY MORE THAN ELEVEN (11) PERSONS, THE LEASE WILL AUTOMATICALLY BE TERMINATED AND ALL OCCUPANTS MUST VACATION THE PREMISE IMMEDIATELY.

PET POLICY:

Call CONTACT OWNER for information and prior approval

PLEASE BE CONSIDERATE OF OTHERS WHEN YOU WALK YOUR PETS BETWEEN CABINS AS MANY CABIN OWNERS ARE COMPLAINING OF PET REFUSE NOT PICKED UP. THERE ARE BAGS BESIDE THE SINKS THAT CAN BE USED FOR DOG REFUSE (AND WE ASK THAT YOU DOUBLE BAG) AND IMMEDIATELY DISPOSE OF IT IN THE BEARPROOF TRASH CAN OUTSIDE.

*DURING YOUR STAY, WE ASK THAT GUESTS VACUUM THE CABIN FREQUENTLY FOR DOGS THAT SHED.

*CONTACT OWNERS PRIOR TO BOOKING - EXCEPTIONS ARE MADE ON A CASE-BY-CASE BASIS. Please email for revised quote. Should any guest be found with an unauthorized pet(s), the reservation will BE IMMEDIATELY CANCELLED, GUESTS WILL BE GIVEN 4 HOURS TO VACATE THE PREMISES, and a $100 SURCHARGE FOR INCIDENTALS WILL BE CHARGED AND THERE WILL BE "NO REFUNDS".

** A NON-REFUNDABLE pet fee PER PET of $149.00 will be charged for pets under 20 lbs.; and in rare circumstances, we do accept larger dogs, but the owner must be contacted prior to booking. Please provide breed, age and weight of dog. A NON-REFUNDABLE pet fee PER PET of $195.00 will be charged for pets 20 lbs. and over; LIMIT 2 PETS.

*Your pet must be freshly groomed, treated for fleas, well housebroken and non-aggressive.*

*ALL PETS MUST BE HOUSEBROKEN - PUPPIES UNDER THE AGE OF 2 ARE NOT ACCEPTED.

*PLEASE NOTE THAT THERE IS A TENNESSEE LEASH LAW AND ALL PETS MUST BE ON A LEASH AT ALL TIMES.

*A vacuum (always empty and clean vacuum) in the bedroom closet is available to reduce any potential pet dander, as well as part of the house rules, for future guests who may be allergic. Pets are not allowed on the furniture and/or on the beds in the cabin. Should it be determined by owners and/or the housekeeping department that pets were on furniture and/or beds, extra cleaning charges of $250.00 will be assessed against the cardholder and they will assume financially responsibility for any and all additional charges to DRYCLEAN all bedding.

*Pet(s) must ALWAYS be crated when left alone. The cabin provides a small/medium crate AND a large crate for your convenience. Should this size of crate not accommodate your pet, please bring your crate from home or purchase one suitable for your pet before arrival.

*Upon check-out, should housekeeping notify Property Owners that the following policies and procedures were not followed by the cardholder, there will be a fee of $325.00 for removal of pet hair, dander, pet excrement, urine, vomiting, etc., which includes disinfecting, deodorizing and vacuuming by a professional carpet cleaning company.

*Cardholder also agrees to be responsible for all property damages and/or personal injuries resulting from your pet(s) and further agrees to indemnify and hold harmless the owners and the neighboring cabin owners and/or tenants from all liability and damage suffered as a result of your pet(s). The Owners reserve the right to charge you commensurate to the cost of such damages.

*Cats are not permitted. Should it be determined by the housekeeping department the leaseholder permitted a cat in the cabin, the leaseholder is completely liable and will be assessed a $500 fee for additional cleaning (which includes disinfecting, deodorizing and vacuuming) of each floor for removal of feline (pet) hair, dander and any other cat remnants. There will also be an additional cleaning by a professional carpet cleaning company that will also be the responsibility of the guest. Once the statement is submitted to the guest(s), payment of the statement is due immediately. Should any guest be found with an unauthorized cat, the reservation will be immediately cancelled and guests will be given 4 hours to vacate the premises. There will be a surcharge for incidentals, there will be "no refunds", but guest(s) will be responsible for all charges and damages as described in the prior paragraph.

POOLS & HOT TUBS: Hot tubs are cleaned, serviced and sanitized between guests on turnover day. Certain health risks are associated with using the hot tub. Pregnant women, guests with heart conditions, high blood pressure, diabetes and children should not use the hot tub. Please shower prior to getting into the hot tub as bacteria on your body can result with bacteria in the hot tub. Also, some body lotions, perfumes, etc. mixed with the chemicals could cause a rash. Do not wear jewelry or clothes in the hot tub, wear bathing suits. Please shower after getting out of the hot tub. Upon departure, if any foreign items such as food, alcohol, beer cans, bath products, etc. are found in the hot tub you will be charged a $3750.00 cleaning fee. We do not refund for malfunctioning hot tubs. We are not responsible for the opening and closing of Mountain Shadows Resort pool. These dates are made by the resort. We are not responsible if the pool is shut down for repairs.

PROPERTY USE & PROBLEM NOTIFICATION: Guests are expected to exercise safe, prudent, appropriate and cautionary use of our property. Guests shall notify us of any element of the property that they feel needs attention and provide us a reasonable amount of response time to remedy the situation.

TELEPHONE/INTERNET SERVICE/TELEVISION CABLE: Our cabin telephone is equipped with a telephone. It is also equipped with Wireless Internet and Cable - Charter Spectrum. Roku is located on each television which includes streaming of Netflix, Video Prime, etc. Every effort will be made to correct any problems you may experience with electronics in as timely a manner as possible. You can expect a courteous and professional attitude to problem solving; however, recompense will not be issued due to malfunctioning equipment. The internet service provided is for the personal use of our guests. The guest and all those in their party agree not to use this service in a manner prohibited by any federal or state law or regulation. Transmission of any material in violation of federal or state law or regulation, including, but not limited to any copyrighted material, material protected by a trade secret or material or messages that are unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable in any manner or nature or that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation, is prohibited.

PLEASE NOTE THAT EACH LOST OR STOLEN REMOTE CONTROL TO THE TVs WILL BE ACCESSED A $175 REPLACEMENT FEE PER REMOTE CONTROL. SHOULD THIS OCCUR, THE GUEST WILL BE SENT AN ADDITIONAL PAYMENT REQUEST TO BE PAID AS SOON AS POSSIBLE.

We assume no responsibility for the content contained on the Internet. All content accessed or received by the User is at his or her own risk, and we shall have no liability resulting from the access or use of such content by the User.

WATER AND SEPTIC: DO NOT FLUSH anything other than toilet paper down the commode. NO feminine products, etc. should be flushed at any time. If it is found that feminine products, etc. have been flushed and clog the septic system, you could be charged damages to cover cost of the repair.

VIOLATION OF AGREEMENT: If guest violates any of the conditions of this Agreement, Homeowner may terminate this Agreement and enter premises. Upon notice of termination of this Agreement, Guest shall vacate the premises immediately and forfeit all rents and security deposits.

We reserve the right to require minimum number of nights for certain holidays.

NO CHECK-INS OR CHECK-OUTS ON CHRISTMAS DAY OR THANKSGIVING DAY.

-------------------------------------------------------------------------------------------------

Again, thank you for choosing Sacred Mountain as part of your vacation in the Great Smoky Mountains!

Cheryl and Charlie Neglia

PLEASE REVIEW THE FOLLOWING INFORMATION AND PRINT A COPY FOR YOUR RECORDS.