Terms and Conditions

**Taxes are NOT included in Rental Rate**

(PLEASE NOTE: THIS IS OUR GENERIC TERMS AND CONDITIONS THAT APPLY TO MOST VACATION RENTAL HOMES.  PLEASE SEE THE ACTUAL RENTAL AGREEMENT RELATED TO YOUR SPECIFIC VACATION RENTAL HOME DURING YOUR RESERVATION PROCESS ONLINE TO NOTE ANY DIFFERENCES.)

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, PAYMENT OF MONEY, OR TAKING POSSESSION OF THE PROPERTY AFTER RECEIPT OF THE AGREEMENT, IS EVIDENCE OF YOUR ACCEPTANCE OF THE AGREEMENT AND YOUR INTENT TO USE THIS PROPERTY FOR A VACATION RENTAL.  YOU MUST BE 25 YEARS OF AGE OR OLDER TO RESERVE A PROPERTY.

1) LIABILITY:

MOUNTAIN LODGE REALTY, INC. is a Property Management Company.  Mountain Lodge Realty, Inc. (Hereinafter the "Agent") is a real estate agency which rents private homes, condominium units, cottages, and cabins for its Owners. You, the tenant or renter, are the paying guest of the homeowner. Neither the Agent nor the Owner is responsible or liable for any loss of the renter's personal property or bodily injury or damage of any nature from any cause to the renter (including his guests, licencees, or invitees) The Agent is also not responsible for skiing conditions, insects, rodents, flies, or other pests, weather conditions, road conditions, power outages, acts of God, criminal activities, economic downturns, political changes, or any other activity, event or condition beyond its control.

2) CHARGES:

All reservations are subject to a $35-$80 processing fee, applicable taxes, and a refundable damage deposit (unless you purchase the Security Deposit Protection). All reservations require a payment of fifty percent (50%) of the rental fee for confirmation and must be received within three (3) days of making a reservation or the reservation will be cancelled without notice. All remaining payments plus the damage deposit, state and local tax (if applicable), processing fee, and pet fee (if applicable) shall be due 15 days before arrival. Reservations made within 15 days of arrival must be paid in full and charged with a credit card (Visa or Mastercard) when the reservation is taken and is a guaranteed reservation. Your reservation becomes a guaranteed reservation upon receipt of your signed contract or monies paid on your account. NOTE: Tax rates are calculated as of the time of this Agreement. Tenant shall be responsible for all applicable taxes according to rates in effect at the time of occupancy.

3) PAYMENTS:

Reservations made more than 15 days from the date of arrival may be paid by personal check, money order, cashier's check or credit card (Mastercard or Visa). Reservations made within 15 days of arrival must be paid in full when the reservation is taken and is a guaranteed reservation. Personal checks received in our office less than 15 days from the date of arrival will not be accepted. Your 1st payment is due within 3 days of making your reservation. The 2nd payment is due 15 days before the arrival date. There will be a $25 fee added for returned checks.

Credit card payments MUST be placed on a card held in the same name as the Responsible Party.

INITIAL HERE __________ to have your 1st and 2nd rent payment[s] charged to your credit card. (If this is an ONLINE reservation, your accepting the terms and conditions is approving our automatically charging your final payment to the card used for the initial reservation 15 days prior to your arrival.  If this is a debit card, please make sure appropriate funds are available for the charge to go through).

All payments received will be held in the Mountain Lodge Realty Escrow account at Wachovia Bank on Main Street, Blowing Rock, NC 28605. Payments may be deposited in an interest-bearing account and any accrued interest shall be disbursed to Agent.

4) RESPONSIBLE PARTY:

The person in whose name the property is reserved will be held responsible for all occupants complying with rental policies, procedures and restrictions. Aside from normal wear and tear, the responsible party will be responsible to pay the Owner for any damages to the property or its contents during your vacation residency. The Responsible Party must be at least 25 years of age, and is required to stay in the property for the time reserved.

5) DAMAGE DEPOSIT:

This Security Deposit Protection plan covers unintentional damages to the rental unit interior that occur during your stay, provided they are disclosed to management prior to check-out. The policy will pay a maximum benefit of $3,000.00 (three thousand dollars and no/100). Any damages that exceed $3,000.00 will be charged to the credit card on file. If, during your stay at one of our Rental Properties, an Insured Person causes any damage to real or personal property of the unit as a result of inadvertent acts or omissions, the Insurer will reimburse the Insured for the cost of repair or replacement of such property up to a maximum benefit of $3,000.00. Certain terms and conditions apply.  Full details of the Security Deposit Protection coverage are contained in the Certificate of Insurance or Insurance Policy.  The premium for Security Deposit Protection has been included in the cost of your initial deposit.  By submitting payment for this plan, you authorize and request CSA Travel Protection and Insurance Services to pay directly Mountain Lodge Realty, Inc. any amount payable under the terms and conditions of the Security Deposit Protection.  Please contact Mountain Lodge Realty, Inc. directly if you do not wish to participate in this plan or assignment.  The Security Deposit Protection can be purchased up to, and including at, check-in.  

A Visa, Discover, or MasterCard number is required for each reservation, and all costs for damage repair not covered under the Security Deposit Protection Product or extra cleaning will be charged to the card on file. Agent reserves the right to collect a cash damage deposit in advance, which will be held in the Mountain Lodge Realty, Inc. Escrow Account at Wachovia Bank, Main Street Blowing Rock, NC 28605. Said deposit is refundable within 45 days of departure providing nothing is broken, missing, or damaged. Accidental damages covered under the Security Deposit Protection purchased prior to tenancy will not be charged to the tenant. 

A general cleaning of the property plus linen service is included in your rental fee. Upon departure, tenants are required to place all used dishes, glassware and silverware in the dishwasher, put in soap, and turn it on.  Tenant is also expected to collect and deposit trash in outdoor trash containers in enclosure by the street, and not leave a mess. The rental party and their guests are expected to remove sheets and pillow cases from bedding and pile on top of each used bed, and place soiled towels and wash cloths in the bath tub or shower.  Excessive cleaning, including extra cleaning of hot tub, if applicable, intentional damages, missing items, and trash left behind will result in additional charges being charged to your credit card or withheld from your damage deposit, if any. There will be a minimum $25 fine should the housekeepers have to remove trash from inside the property.

Please report any damages, etc. to the office immediately.

SIGN HERE _______________________________________ TO HAVE ALL DAMAGES OR EXTRA CLEANING CHARGES APPLIED TO YOUR CREDIT CARD.

6) ALL RESERVATION SALES ARE FINAL:

If you must cancel your reservation, please call our office immediately. Any changes, switching of properties or cancellations will invoke the cancellation policy.

7) CANCELLATION POLICY:

There is a fifty-dollar ($50) cancellation fee. If tenant wishes to cancel their reservation, change properties or change dates, the advance rent deposit will not be refunded unless the property is re-rented covering the same time period that Tenant reserved for at least the same total rent for that period. If the unit is rebooked, Tenant will be refunded the advance rent deposit less the fifty-dollar ($50) cancellation fee, less any difference in rent.  Any tenant who fails to arrive on the scheduled date under the terms of this Agreement shall forfeit all deposits and reservation rights, effective 11:00AM on the day following the scheduled arrival date. Any renter who fails to pay the unpaid balance owed upon arrival shall forfeit all deposits and reservation rights. There shall be no refund of unused days in the event of late arrival or early departure. If the Agent cancels the renter’s reservation, the Agent’s sole responsibility shall be to refund the renter’s deposit or prorated portion.

PLEASE INITIAL: ______________ I have read and understand the CANCELLATION POLICY.

8) VACATION RENTAL INSURANCE

The premium for Vacation Rental Travel Insurance may have been included in the cost of your initial deposit, thereby adding Travel Insurance to this Agreement.  Please review the information regarding Travel Insurance enclosed with this Agreement (and/or posted on the website) and our Cancellation Policy in #7 above.  Travel Insurance can help protect you from certain unexpected risks offering protection for Trip Cancellation, Trip Interruption, and Travel Delay, amongst other benefits.   If you do not wish to purchase Travel Insurance, please make sure that it is checked to “NO” online before making a WEB Reservation. 

PLEASE INITIAL: ______________ I have read and understand the VACATION RENTAL INSURANCE POLICY.

9) RENTAL CAPACITY:

Please check the number of people each unit sleeps as detailed in the unit description. This represents the MAXIMUM number of people, including children, allowed to occupy the property. Please list names and ages of all the people that will be accompanying you to this rental (If this is an ONLINE reservation, please send this information via an email to our offices):

Name:        Age:   

Name:        Age: 

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Name:        Age: 

Name:        Age: 

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Name:        Age: 

Name:        Age: 

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10) CHECK-IN, CHECK-OUT AND LATE CHECK-IN:

Check-In: You may pick up your keys at our office located at 197 Old Highway 321 in Blowing Rock, North Carolina (at the Blowing Rock Lodge) after 4PM. During Holidays and busy seasons, check-in time will vary depending on Housekeeping’s workload.  Please call the office within 1 hour of arrival to your property to report any damages or other issues, otherwise you may be held responsible for previous guests’ damage.

Checkout: You must vacate the property no later than 11:00AM on the last day of your reservation. Keys must be returned to the office. There will be a $10.00 charge for lost keys.   Please do not turn the heat off in the winter months.

Later Check-In: Late check-in procedure is as follows: If you have not arrived at our office by 5:00pm, the package containing your keys & directions will be placed in the large black mailbox across from the front door of our office at the Blowing Rock Lodge. There is no need to call the office to let us know about late arrival- if you have not arrived by 5:00, your package will be in the black mailbox for you. This procedure also applies to check-ins on Sundays and other days our office is closed.

11) WEATHER AND ROAD CONDITIONS:        

Weather conditions in the mountains of North Carolina are very unpredictable. Please remember that we do get rain, fog, snow, sleet and ice. Road conditions may become hazardous before or during your stay, and a 4-wheel drive vehicle and/or chains and the ability to drive on snow and ice are strongly recommended to get to or from any given property. IT IS YOUR RESPONSIBILITY TO ARRIVE FULLY PREPARED and there will be NO refunds, allowances, or date changes resulting from your negligence in this matter. Please do not ask.

PLEASE INITIAL: ______________ I have read and understand the weather and road conditions.

12) EQUIPMENT FAILURE AND OTHER INCONVENIENCES:

All equipment in the unit should be in working order. Please report any equipment problems to the office immediately. Every effort will be made to rectify the problem, but we cannot refund money due to mechanical failure. Please be patient if you encounter any inconveniences. We will be as responsive as possible and will certainly try to rectify those things that are in our control. Samples of inconvenience which are not in our control and which do not warrant any refund of rental monies include but are not limited to: Breakdown of TV’s, VCR’s, DVD players, satellite systems, stereos, hot tubs, or other appliances; outages of the power, cable, internet, water, or telephone services; construction taking place in the area; flies, ladybugs, or other insects inside the house; chipmunks, mice, or other rodents inside the house; bad weather; poor ski conditions; and hazardous road conditions.

13) LACK OF AIR CONDITIONING:

Please be aware that all properties are NOT equipped with air conditioning. I understand that it is my responsibility to check the advertising and familiarize myself with the amenities of the property, which may or may not include air conditioning. I understand that Agent is not responsible for weather conditions at time of tenancy, and there will be no refunds or switching of properties due to lack of air conditioning.

PLEASE INITIAL: ______________ I have read and understand the air conditioning policy.

14) PETS:

Restrictions listed on website.

Pet friendly properties accept pets with prior approval only and are subject to a NON-refundable pet fee. I understand that it is my responsibility to check the advertising and familiarize myself with the pet restrictions on any given property, which includes maximum number of pets allowed and abiding by any weight restrictions. Unless otherwise specifically permitted in the advertising, no pets shall be allowed on the Premises. Tenant’s breach of this provision shall be considered material and shall result in forfeiture of any monies paid and the termination of tenancy.

Please note that we cannot guarantee that properties advertised as not allowing pets have never had a pet in the property.

Describe pet if applicable: BREED______________________________ WEIGHT__________ lbs

PLEASE INITIAL: ______________ I have read and understand the pet policy.

15) NUMBER OF CARS:

Please be aware that certain communities may have strict standards regarding number of vehicles at a property. Some areas may not allow motorcycles, RVs, or trailers. You must adhere to these regulations at all times during your stay.

TOTAL NUMBER OF CARS IN YOUR GROUP: ______________________

16) SUBSTITUTION:

We reserve the right to substitute accommodations if circumstances require. Circumstances include but are not limited to acts of Nature or other accidents that may render a property uninhabitable. In the event that your chosen property becomes unavailable, Agent will try to contact Tenant to offer alternative properties, or a full refund.

17) LONG DISTANCE TELEPHONE CALLS; PAY PER VIEW TELEVISION:

Telephones are included in all of our vacation homes for your convenience. All long distance calls must be charged to your home phone, a telephone credit card or call collect. Please do not charge any calls to the Owner. Pay-Per-View television, including HBO, special sporting events, ShowTime, and other such channels are not included in your rental unless otherwise stated on internet listing. Viewing of PPV programs is prohibited by Owner and will result in a charge against your deposit and/or credit card.

18) ITEMS LEFT IN UNIT:

Agent is not responsible for items left in rental units.

19) OWNER’S CLOSETS OR OTHER LOCKED AREAS:

Any locked closets or other areas are reserved for the storage of the Owner’s private property. They are absolutely not included in this rental.

20) ENTRY:

From time to time it may be necessary for us to enter the property during reasonable hours for any purpose connected with the repair, care or management of the property.

21) WHAT IS PROVIDED AT THE HOUSE UPON ARRIVAL:

All properties are set up for light housekeeping including linens and towels. We provide a STARTER SET of toilet tissue, bath soap, dish soap, and trash bags. This is enough for one night, or perhaps two, but if you are staying for an extended length of time, you should plan to bring some supplies from home or plan to purchase these items at a grocery store when you arrive. No laundry detergent or paper towels are in the house upon arrival.

22) DISBURSEMENT OF RENT TO THIRD PARTIES/FEES:

Tenant authorizes Agent to disburse up to fifty (50%) of the rent to the Owners (or as Owner directs) prior to Tenant’s occupancy of the Premises, and the balance of the rent upon the commencement of the tenancy or as otherwise permitted under the Vacation Rental Act. Tenant agrees to pay $25 processing fee for any check of Tenant that may be returned by the financial institution due to insufficient funds, closed account, or other. Tenant also authorizes Agent 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 Agent for the benefit of the Tenant.

23) TRANSFER TO PREMISES:

1- 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 after such recordation, Tenant has no right to enforce the terms of the 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 (i) notify Tenant in writing of the transfer of the Premises, the grantee’s name and address, and the date the grantee’s interest was recorded; and (ii) advise Tenant whether Tenant has the right to occupy the Premises subject to the terms of this Agreement or receive a refund of any payment made by Tenant. 2- 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, or real estate 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. 3- 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 of transfer.

24) TENANT DUTIES:

Tenant agrees to comply with all obligations imposed by the Vacation Rental Act on Tenant with respect to maintenance of the Premises, including but not limited to keeping the Premises as clean and safe as the conditions of the Premises permit and causing no unsafe or unsanitary conditions in the common areas and remainder of the Premises that Tenant uses. Tenant agrees not to use the Premises for any activity or purpose that violates any criminal law or governmental regulation. Tenant’s breach of any duty contained in the paragraph shall be considered material and shall result in the termination of tenancy.

25) AGENTS DUTIES:

Agent agrees to provide the Premises in a fit and habitable condition. 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 reasonably comparable property in such condition, Agent shall refund to tenant all payments made by tenant.

Agent shall conduct all brokerage activities in regard to the Agreement without respect to race, color, religion, sex, national origin, handicap, sexual orientation, or familial status of any Tenant.

26) MANDATORY EVACUATION:

If State or Local authorities order a mandatory evacuation of an area that includes the premises, Tenant shall comply with the order. Upon compliance, Tenant will be entitled to a refund of the prorated rent for each night that Tenant is unable to occupy the Premises because of the order. However, Tenant will not be entitled to a refund if, prior to taking possession of the Premises, (i) tenant refused insurance offered by Agent that would have compensated tenant for losses or damages resulting from loss of use of the premises due to mandatory evacuation order, or (ii) Tenant purchased insurance offered by the landlord or real estate broker. The insurance offered shall be provided by an insurance company duly authorized by the North Carolina Department of Insurance, and the cost of the insurance shall not exceed eight percent (8%) of the total rent charged for the vacation rental to the tenant.

27) 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 the 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.

28) INDEMNIFICATION AND HOLD HARMLESS: RIGHT OF ENTRY; ASSIGNMENT:

Tenant agrees to indemnity and hold harmless Agent and 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, of the failure of Agent or the owner to comply with the Vacation Rental Act. Tenant agrees that Agent, the Owner, or their respective representatives may enter the Premises during reasonable hours to inspect the Premises, to make such repairs, alteration 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.

29) RESOLUTION:

Any claim or dispute arising from or related to this agreement shall be settled by first meeting face to face to discuss the matter,  secondly  by mediation and, if necessary, by legally binding arbitration in accordance

with the Rules of Procedure for Christian Conciliation of the Institute for Christian Conciliation, a division of Peacemaker Ministries (complete text of these Rules is available at www.HisPeace.org). Judgment upon an

arbitration decision may be entered in any court otherwise having jurisdiction. The parties understand that these methods shall be the sole remedy for any controversy or claim arising out of this agreement and expressly waive their right to file a lawsuit in any civil court against one another for such disputes, except to enforce an arbitration decision.

30) NO SMOKING:

Unless otherwise specified on the website at the specific property reserved, smoking is not permitted inside the properties.

ALL RESERVATIONS MADE VIA THE WEB HAVE ACCEPTED AND AGREED TO ALL TERMS IN THIS AGREEMENT IN FULL BY CHECKING THE BOX IN STEP 1 OF THE RESERVATION PROCESS.  YOU CANNOT GET TO STEP 2 OF THE RESERVATION PROCESS AND PAY FOR YOUR RESERVATION WITHOUT CHECKING THIS BOX. 

IF THIS RESERVATION WAS MADE IN THE BACK OFFICE OF MOUNTAIN LODGE REALTY, INC, THEN THIS AGREEMENT IS EMAILED TO YOU ALONG WITH YOUR RESERVATION CONFIRMATION.  YOUR RESERVATION IS NOT CONFIRMED UNTIL YOU INITIAL THE PLACES INDICATED THROUGHOUT THE CONTRACT, AND SIGNED ON THE LAST PAGE AND FAXED, EMAILED OR MAILED BACK TO MOUNTAIN LODGE REALTY, INC. 

THIS GUEST LICENSE AGREEMENT IS TO BE ISSUED IN TWO COPIES. IF YOU DID NOT BOOK THIS PROPERTY ONLINE, PLEASE PRINT THIS AGREEMENT OFF, READ IT CAREFULLY, PLACE YOUR INITIALS AT THE BOTTOM OF EACH PRINTED PAGE, PRINT YOUR NAME AND SIGN AND DATE THE LAST PAGE OF THE AGREEMENT, AND RETURN ALL PAGES TO AGENT WITH INITIAL PAYMENT UPON RECEIPT, AND KEEP ONE FOR YOURSELF.  IF YOU PAID WITH A CREDIT CARD OR AN ELECTRONIC CHECK, NO ADDITIONAL PAYMENT IS REQUIRED UNTIL THE FINAL PAYMENT IS DUE.  IF THIS WAS AN ONLINE RESERVATION, YOUR CHECKING THE CHECK BOX IN STEP 1 OF THE RESERVATION PROCESS STATING “I have read and accept the Terms and Conditions” IS YOUR SIGNATURE IN ALL PLACES REQUESTED AND REQUIRED.

By signing below, or, in the case of an online reservation, your checking the check box in Step 1 of the online  Reservation Process stating “I have read and accept the Terms and Conditions”, I certify that I agree to abide by the rules and polices herein as well as those pertaining to the property I am renting. Failure to adhere to the rules and policies may result in forfeiture of my deposit and/or denial of occupancy without refund. I agree to the rules and policies concerning the use of the hot tub. I will not bring a pet to a property that does not allow such. I understand that my property is not equipped with air conditioning unless otherwise stated on the internet listing. I authorize the use of my credit card for any damages incurred during my tenancy. I understand that my writing on the contract other than where specified for my signature or initials will render the entire agreement null and void.