Pine Gables Vacation Rental Agreement

 

(Sorry for the length of this agreement. The State of North Carolina and the Town of Lake Lure requires the following paragraphs.)

 

The new cabins have a 2 person maximum occupancy. Jim’s Cabin has a 6 person maximum and Tootsie’s Cabin has a 4 person maximum.

 

NO SMOKING is allowed inside cabins.  Absolutely no bonfires, campfires, firepits, or discharge of fireworks, or firearms of any kind.

 

No trailers, motor homes, or extremely low-clearance vehicles.

 

Taxes are additional (7.75% and 5% bed tax).  No cleaning fee!

 

Pets: We charge a $35 "pet-fee". We then donate 1/2 to the Rutherford County Community Pet Center.

Jim's Cabin, "Tootsie's Cabin, Owl's Nest Cabin, Fishing Cabin and Ceilidh Cabins are pet friendly. (No pets allowed in The Duck Pond Cabin)

* You will be expected to pick up your dog's waste from the grounds and place it in a plastic baggy in the outdoor trash can.

*We allow only adult dogs. No puppies under 1½ years old, please. Your dog must be friendly, housebroken and de-flead.

* Pets are welcome inside the cabins, but you will be responsible for any damages, fleas, clean-ups or accidents.

* The pet owners are responsible for their pets (maximum of two) at all times. (Please ask us if your pets number more than two and we will try to accommodate your "family".)

* We reserve the right to make your pet find other accommodations if he or she at any time disturbs our other guests.

*When outdoors they must be on a leash at all times. Also note that leashed pets are allowed at Chimney Rock Park and on the walking paths and boardwalk of Lake Lure.

*Please no baths in the easily scratched shower, and pets must be crated when left alone.

* No refunds will be granted to early departures due to problem pets. (We have never had a single problem)

 

Payment - Any advance payment made by Tenant shall be deposited in a bank account with TD Bank located in Lake Lure, NC. Tenant agrees that any advance payment may be deposited in an interest bearing bank account and that any interest thereon shall accrue for the benefit of, and shall be paid to, the owner. Tenant authorizes owner to transfer up to 50% of the rent prior to Tenant's occupancy of the Premises to a regular checking account and to transfer the balance of the rent upon either commencement of the tenancy, a material breach of the agreement by Tenant, or as otherwise permitted under the Vacation Rental Act. Tenant agrees to pay a $25.00 processing fee for any check of Tenant that may be returned by the financial institution due to insufficient funds or because Tenant did not have an account at the financial institution. Tenant also authorizes owner to disburse, prior to Tenant's occupancy of the Premises, any fees owed to third parties to pay for any goods, services, or benefits procured by owner for the benefit of Tenant, including but not limited to any fees set forth herein payable to Agent for reservation, transfer or cancellation of Tenant's tenancy.

Tenant Duties - Tenant agrees to keep the Premises as clean and as 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 Tenant uses, and notifying owner in writing of the need of replacement of or repairs to a smoke detector, and replacing the batteries as needed during the tenancy. Tenant agrees not to use the Premises for any activity or purpose that violates any criminal law or Governmental regulation. No house parties are allowed. Tenant's breach of any duty contained in this paragraph shall be considered material, and shall result in the termination of Tenant's tenancy.
Absolutely no smoking inside the cabins. There will be a mandatory minimum $250 cleaning fee for smoking in the cabins. You are welcome to do so on the porch. Absolutely no bonfires, campfires, or fire pits permitted on the premises. The use of fireworks or firearms of any kind are not permitted.

Owners Duties - If at the time Tenant is to begin occupancy of the Pr
emises Agent cannot provide the premises in a fit and habitable condition or substitute a reasonable comparable property in such condition. Owner shall refund to Tenant all payments made by Tenant not previously advanced to owner's account. Owner reserves the right to substitute comparable accommodations if circumstances require. No refunds will be given for breakdown of appliances, or air conditioners, weather, nearby construction or other conditions over which we have no control. Agent shall conduct all brokerage activities in regard to this Agreement without respect to the race, color, religion, sex, national origin, handicap or familial status of any tenant.

Transfer of Premises - If the owner voluntarily transfers the Premises, Tenant has the right to enforce this Agreement against the grantee of the Premises if Tenant's occupancy under this Agreement is to end 180 days or less after the grantee's interest in the Premises is recorded. If Tenant's occupancy is to end more than 180 days after such recordation, Tenant 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, Tenant is entitled to a refund of all advance rent paid by Tenant (and other fees owed to third parties not already lawfully disbursed). Within 10 days after transfer of the Premises, the grantee or the grantee's agent is required to (1) notify Tenant in writing of the transfer of the Premises, the grantee's name and address and the date of the grantee's interest was recorded, and (11) advise Tenant whether Tenant has the right to occupy the Premises subject to the terms of this Agreement or receive a refund of any payments made by Tenant.

Upon termination of the owner's interest in the Premises, whether by sale, assignment, death, appointment of a receiver or otherwise, the owner, owner's agent is required to transfer all advance rent paid by Tenant (and other fees owed to third parties not already lawfully disbursed) to the owner's successor-in-interest within 30 days and notify Tenant by mail of such transfer and of the transferee's name and address. However, if Tenant's occupancy under this Agreement is to end more than 180 days after recordation 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 Tenant (and other fees owed to third parties not already lawfully disbursed) must be transferred to Tenant within 30 days.

If the owner's interest in the Premises is involuntarily transferred prior to Tenant's occupancy of the Premises, the owner is required to refund to Tenant all advance rent paid by Tenant (and other fees owed to third parties not already lawfully disbursed) within 60 days after the transfer.

Expedited 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. Tenant may be evicted under such procedures. If Tenant (I) holds over in possession after Tenant'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 Tenant's tenancy, (iii) fails to pay rent as required by this agreement, or (iv) has obtained possession of the Premises by fraud or misrepresentation.

Indemnification and Hold Harmless; Right of Entry; Assignment - Tenant agrees to Indemnify and hold harmless the owner from and against any liability for personal injury or property damage sustained by any person (including Tenant's guests) as a result of any cause, unless caused by the negligent or willful act of agent or the owner, or the failure of the owner to comply with the Vacation Rental Act. Tenant agrees that the owner or their respective representatives may enter the Premises during reasonable hours to inspect the Premises to make such repairs, alterations, or improvements, thereto as Agent or owner may deem appropriate, or to show the Premises to prospective purchasers or tenants. Tenant shall not assign this Agreement or sublet the Premises in whole or part without written permission of Agent.

CANCELLATION PROCEDURES
50% deposit due at time of reservation, with balance due 30 days prior to arrival.  (Stays that occur within the next 30 days will be charged the full amount at the time of reservation.)

Cancellations 60 days or more before arrival will receive a full refund minus a $35 booking fee.

Cancellations less than 30 days prior to arrival will receive a refund (less $35) ONLY for the days we are able to rebook the cabin. We highly recommend the purchase of Trip Interruption Insurance, which covers many reasons for canceling. Go to www.insuremytrip.com for information on travel insurance.

No shows or early departures are due no refund. If you do need to cancel, please give us as much notice as possible to allow us to re-rent the cabin and refund your money.

This rental agreement authorizes the owner to charge your credit card for any damages (except normal wear and tear) to the property or its contents (including hot tubs and excessive cleaning or trash removal) incurred during your stay or for failure to arrive on your check in date.  You will be notified by letter within 45 days of your check out date if there are any charges.  


CHECK-IN/CHECK-OUT PROCEDURES
- Check-In is from 4:00 p.m. until 8:00 p.m., or when unit has been released by our housekeeping staff.

- Check-out is prior to 10:00 a.m. No guests are allowed to remain on the property after 10:00 a.m.

Pine Gables is not responsible for errors to the website or brochures and rates are subject to change without notice.

 

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 TENANTS. YOUR SIGNATURE ON THIS AGREEMENT, OR PAYMENT OF MONEY OR TAKING POSSESSION OF THE PROPERTY AFTER RECEIPT OF THE AGREEMENT, IS EVIDENCE OF YOUR ACCEPTANCE OF THE AGREEMENT AND YOU INTENT TO USE THIS PROPERTY FOR A VACATION RENTAL.

 

 

VACATION RENTAL CONTRACT ADDENDUM (Required by the Town Of Lake Lure)


Welcome to Lake Lure! We hope you have a wonderful experience here and will return to visit again in the future. Since you are staying in a vacation home, it is very likely that your neighbors will not be on vacation but will be living in their homes. Please be mindful of this and be sure to follow the golden rule as you make yourself feel at home in our mountain-lake community.


As a valued guest of our community, we want to bring some issues to your attention. First, be aware that the North Carolina Vacation Rental Act provides you with certain rights and protections. It’s a good idea to familiarize yourself with its provisions. It’s also a good practice to ensure that your landlord has sufficient commercial liability insurance to protect all parties during your use of the property. Second, we would like to make you aware of a few local regulations designed to promote a safe and enjoyable experience for all.


VACATION RENTAL STANDARDS


• Maximum Occupancy Limits - The maximum overnight occupancy limit for this home is shown above.
• Designated Parking Area - Vehicles must be parked only in designated areas on the vacation rental property. Parking in
the roadway blocking the flow of traffic and parking on neighbor’s property without permission are prohibited. Contact your
rental’s property manager for offsite, overflow parking options.
• Hotline Availability - A rental support hotline has been established for use by guests and neighbors. The number for this
property is 828-779-3100. By law, this hotline must remain available for use 24 hours per day, 7 days a week.
• Trash Disposal. All household waste & trash must be placed in receptacles considered to be animal proof (e.g., durable with
secured lids).


FIRE PROTECTION FOR YOUR SAFETY
• Fire Extinguisher and Evacuation Plan - This home is equipped with working fire extinguishers and a posted evacuation
plan. Removing any of these from their designated location is prohibited. Avoid storing items so as to block hallways,
doorways, steps, entrances and exits.
• Small Outdoor Fires - When an area burning ban is in effect, bonfires are prohibited. Contact your rental home’s property
manager for information on any burning bans. Outdoor fires are only permitted in a place and manner approved by the Fire
Chief.
LAKE ACTIVITIES
• Swimming - Do not swim farther than 50 feet from shore unless accompanied by an observer in a boat.
• Fishing - A North Carolina fishing license is required and all state fishing regulations apply.
• Boating – If a boat is provided with this rental home, please ask for and review the pamphlet entitled “Lake Regulations &
Map”. If you wish to utilize your own boat on the lake, a permit is required and can be obtained at Town Hall or at the town
marina.
PERSONAL CONDUCT
• Trespassing - Venturing onto a neighboring dock or pier, boat house or property without the owner’s permission is
prohibited.
• Noise – Unreasonably loud noise is prohibited throughout the Town. Please observe quiet hours after 10p.m. and be aware
that sound carries very far over a still lake.
• Unruly Behavior – Behavior deemed disorderly and causing a disturbance to the public is prohibited. These regulations will
be strictly enforced.