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.)
Please note - If occupancy of any cabin is more than the stated maximum occupancy, you may be asked to leave with no refund and/or there will be a charged of $100 per extra person per night.
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 6% bed tax). No cleaning fee!
Pets: We charge a $35 "pet-fee". We then donate 1/2 to the Rutherford County Community Pet Center.
All cabins are pet friendly except 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. Unless you have owners permission, No puppies under 1 1/2 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 Carolina Trust 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 smoke on the porches.
Absolutely no bonfires, campfires, or fire pits permitted on the premises.
The use of fireworks or firearms of any kind are
not permitted. Miss use of hot tubs will require
a 250.00 fee.
Owners Duties - If at the time Tenant is to begin occupancy of the Premises
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.
When making a reservation you agree to
the following statement;
When using a canoe, I assume the risks inherent in
canoeing. I hereby release and agree to indemnify and
hold harmless Pine Gables Cabins, its owners and
employees from any and all liability that may arise as a
result of this recreational activity. I agree that at
all times there must be one Personal Flotation Device in
each boat per each person, and I accept responsibility
for there being such devices in the boat for each
person. I agree that children under 14 years of age and
any non-swimmer must wear a life jacket at all times,
and I accept responsibility for each such child and/or
non-swimmer wearing a life jacket at all times.
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 30 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 11:00 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 - This home is equipped with working fire extinguishers . 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 - bonfires are prohibited.
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 townmarina.
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.