Terms and Conditions
TERMS AND CONDITIONS
HIGH COUNTRY REAL ESTATE & RENTALS, INC.
DBA BEECH MOUNTAIN RESORT LODGING
Renters and property owners are bound to the entirety of this terms and conditions document. But, for convenience, a plain-language summary of some pertinent aspects is included here:
>You must be 25 years of age or older to book a reservation (section 4).
>We do not offer properties as event venues. Properties are available for lodging accommodations. The use of the house for any activity other than lodging could be grounds for expedited eviction or other legal action. Seek approval before you book. The cancellation policy applies to booked reservations that are canceled by the property manager due to the inappropriateness of intended use (section 10).
>Guest/customer is responsible for transportation to the property. Get details and important information about access before booking. Four-wheel drive is highly recommended to access all properties during winter (section 13). Properties are accessed by mountain roads. Seek disclosures about each property on the property description page. Be familiar with all aspects that affect your plans.
>Commit to the dates before you book. Making a reservation pulls the house off the market for the dates you book. So, generally speaking, you must pay the property owner to reserve the property, even if you do not ever occupy the property. Refunds are handled according to the cancellation policy (see section 7 and 8 below). It is highly recommended that you purchase the travel insurance that is offered with the reservation.
>This total document discloses the full policy regarding how reservations are managed, and what responsibilities you are accepting when you book a property.
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
1) LIABILITY
HIGH COUNTRY REAL ESTATE & RENTALS INC. Dba BEECH MOUNTAIN RESORT LODGING is a Property Management Company. BEECH MOUNTAIN RESORT LODGING (Hereinafter the agent) is a real estate agency which brokers short term vacation rental contracts between clients (property owners) and customers (vacation renters). The properties are private homes, condominium units, cottages, and cabins. When you book a property, you enter a real-estate contract with the property owner. 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, licensees, or invitees). The agent is 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 require a payment of at least fifty percent (50%) of the reservation total (including the Security Deposit) for confirmation. The balance of the reservation shall be due upon the due date disclosed in the cancellation policy notice on the property page. Reservations made within the final balance due date must be paid in full and charged with a credit card (Visa, MasterCard, American Express or Discover). Your reservation becomes a guaranteed reservation upon monies paid on your account that complies with the reservation requirement and final balance due date (restrictions apply). Reservations are subject to a processing fee, applicable taxes, a cleaning fee, other service fees, and damage waiver, among other potential fees. A security deposit may be required.
3) PAYMENTS
Reservations made more than 30 days from the date of arrival may be paid by personal check, money order, cashier`s check or credit or debit card (Visa, Mastercard, American Express or Discover). The reservation is not guaranteed until receipt of the total amount due at the time the reservation is made. Credit card payments MUST be placed on a card held in the same name as the responsible party (see section 4). The property will be marketed until receipt of payment. If multiple credit cards are used to pay for the reservation, all cardholders are equally responsible for the total cost and for damages. Personal checks received in our office after the final balance due date may not be accepted if the final balance has been paid by credit card. If the 2nd payment is not paid by the due date, the reservation will be canceled, and the cancellation policy will apply. Acceptance of the terms and conditions is an approval of the automatic charge of final payment to the card used for the initial reservation on the final payment due date. There will be a $35 fee added to returned checks. All payments received will be held in the Beech Mountain Resort Lodging Trust or Escrow account at Fifth Third Bank located at 1667 Tynecastle Highway, Banner Elk, NC 28604 A federally insured depository institution authorized to do business in North Carolina. Payments may be deposited in an interest-bearing account and any accrued interest shall be disbursed to the agent.
4) RESPONSIBLE PARTY
The persons whose credit cards are used to pay for the reservation accept responsibility for all occupants complying with rental policies, procedures, and restrictions. The responsible party must be at least 25 years of age and is required to stay in the property for the time reserved. Aside from normal wear and tear, the responsible party is responsible to pay for any damages to the property or its contents during property possession under the vacation rental agreement. If damages or excessive cleaning appears to be the result of negligent or deliberate actions or omission, the responsible party agrees to a deposit being charged to the credit card to be held in trust until damages are covered. If multiple credit cards are used to pay for the reservation, all cardholders are equally responsible for the total cost and also for damages. The responsible party is liable for damages caused by negligent, intentional, or omitted actions. Reservations on which the damage waiver fee is paid will not be held responsible for accidental damages less than $3,000.
BE FAMILIAR WITH THESE TERMS AND SEEK APPROVAL BEFORE BOOKING IF THERE IS ANY QUESTION REGARDING THE APPROPRIATENESS OF YOUR RESERVATION. RESERVATIONS MADE BY PERSONS NOT MEETING THE MINIMUM AGE REQUIREMENT, OR RESERVATIONS BOOKED FOR A PROHIBITED INTENDED USE, MAY FORFEIT ALL MONEY PAID TOWARD THE RESERVATION.
5) DAMAGES, AND MISSING ITEMS:
All reservations require one of the following: A Security Deposit or Damage Insurance. If Rental Guardian damage insurance is offered on the reservation, you may choose a security deposit instead. Some properties may require a security deposit.
Any damages shall be reported immediately to lodging@skibeech.com, or by phone 828-387-4246.
6) CLERICAL ERRORS
The agent reserves the right to cancel a reservation within 14 days of the booking, or 250 days prior to arrival date if the house was erroneously priced, made available for fewer nights than the minimum allowed by the owner, or other clerical errors. If the reservation is canceled because of a clerical error, the customer is entitled to a full refund. Clerical errors are rare. To avoid the potential of cancellation under this policy, you may ask for a review and confirmation of your reservation.
7) CANCELLATION POLICY
You may cancel within 24 hours of booking and receive a full refund. For reservations made within 24 hours of arrival date, there is no refund due if the property is entered by any person associated with the reservation. If you cancel before the final balance due date, you will receive a refund of half of the amount paid to date. Cancellations after the final balance due date do not receive a refund. But you may recover the entire amount if travel insurance was purchased and the reason for cancellation is covered. Reservations canceled because of non-payment of the final balance after the due date do not receive a refund. The final balance due date is 14 days before the arrival date. The portion not refunded is the cancellation fee and is dispersed to the owner per contract as compensation for the time off the market caused by the reservation. Attempts to reserve a property without payment will be declined. Attempts to make a reservation not subject to this cancellation policy will be declined.
8) VACATION TRAVEL 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 posted on the website and our Cancellation Policy in Section 7. You are guaranteeing payment for your reservation in exchange for pulling the property off the market to reserve it. If an unforeseen event causes you to have to cancel, you are still responsible for payment. Travel insurance can protect you from certain risks offering protection against unforeseen causes of trip cancellation, interruption, and delay, among other benefits. You may decline the travel insurance, by checking ‘NO’ when prompted to accept insurance or decline to protect your trip. By declining travel insurance, you accept the risk associated with making an uninsured commitment. If you purchase the Vacation Travel Insurance, Beech Mountain Resort Lodging earns a commission on the issuance of that policy from the insurance provider, Rental Guardian.
9) RENTAL CAPACITY
Please check the number of people each property sleeps as detailed in the online property description. The maximum occupancy stated on the property page represents the MAXIMUM number of people, including children, allowed to occupy the property. Please provide our office with the names and ages of all the people who will accompany you to this rental. You will be prompted to comply with this requirement via email. Only those listed will be authorized to occupy the property.
10) EVENTS, GATHERINGS FOR UNRELATED GROUPS, AND HOUSE PARTIES WARNING
Properties are available for lodging accommodations. We do not offer properties as event venues. We do not rent for house parties or events that include accommodating more than the published maximum occupancy. Gatherings and reservations hosting unrelated groups must be approved. Certain conditions may apply. If your plans include a gathering or involve hosting occupants whose age range and make-up may be construed as a gathering, please seek approval before booking the property. Acceptable arrangements are determined at the sole discretion of Beech Mountain Resort Lodging. Reservations that appear to include an unapproved gathering may be canceled. The cancellation policy would apply. Indications that cause concern would be the whole group being in the same age range, not related, or associated with groups that are historically linked to partying. If your group may be construed as such, we likely will still want to do business with you. But to avoid difficulty, please call our office to be approved by Beech Mountain Resort Lodging before booking. The cancellation policy applies to booked reservations that are canceled by the property manager due to inappropriateness of intended use.
11) CHECK-IN / CHECK-OUT
CHECK-IN: (READ CAREFULLY) All Check-Ins require guests to come to the office to pick up a key. This requires no additional travel as to reach any home you will pass by our office. Our office is located at 500 Beech Mountain Parkway- once you have reached the top of Beech Mountain and passed the town limit and “Welcome to Beech Mountain” sign located at town hall, we will be the Second building on the right, the first directly across from Town Hall is the Brick Oven Pizza, we are next door to them – Beech Mountain Resort Lodging is listed on our Blue & White sign. If you reach Fred’s General Mercantile you have passed us by about 70 yards. Normal check-in time is 4:00 PM. During holidays and busy seasons, check-in time will vary depending on Housekeeping’s workload. We make homes available for Check-In as soon as they are ready, but do not guarantee that it will be prior to standard Check-in time of 4:00pm. If you know your arrival will be after 7:00pm please contact the office for Late Arrival Instructions.
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.
CHECK-OUT: You must vacate the property no later than the published check-out time on the last day of your reservation. Cleaning services are included with your reservation. Check-in/check-out instructions (provided by email before your reservation), as well as shown here below:
CHECK-OUT PROCEDURES: A general cleaning of the property plus linen service is included. The following check-out procedures are the responsibility of the guest:
>Upon departure, please place all used dishes, glassware, and silverware in the dishwasher, put in soap, and turn it on. Pots and Pans should be cleaned separately.
>Please pile the sheets and towels in one location and be sure it is not against a heat source.
>Tenant is expected to collect and deposit trash in outdoor trash containers (or HOA Dumpsters for some units), and not leave a mess.
>Please DO NOT TURN THE HEAT, OR HOT TUB, OFF IN WINTER MONTHS.
>Please report damages before departure.
12) USER ERROR, LOCK-OUTS, AND LOST KEYS
All systems are checked to confirm they are working prior to each arrival. Call our office to seek service if an advertised amenity ceases to function. There may be a charge for service if the cause of the malfunction is user-error. If a key is lost, there will be a $20 charge.
13) WEATHER AND ROAD CONDITIONS
Weather conditions in the mountains of North Carolina are unpredictable. Be aware that rain, fog, snow, sleet, and ice are possible. Road conditions may become hazardous before or during your stay. For this reason, a 4-wheel drive vehicle, tire chains and the ability to drive on snow and ice are the only things we can recommend to safely get to or from the property. A 2-wheel drive vehicle with chains, or a 4-wheel drive vehicle with or without chains, should be considered the minimum preparation – neither will operate as well as 4-wheel drive with chains; especially on steep inclines that are likely.
Each property has a contract with a service provider to mitigate the accumulation of snow. Properties are treated on a route (providers’ schedule). Service providers are instructed to mitigate after 3 inches of accumulation. We do not commit to achieving the same standard as state-maintained roads. We seek to make driveways passable by a vehicle with 4-wheel drive and chains. Weather conditions dictate whether this is possible given the resources available.
The following conditions are required to successfully navigate winter weather situations: 1) accept personal responsibility, 2) prepare for all possible conditions, 3) approach circumstances of winter weather with a practical attitude that acknowledges the limited nature of the property managers commitment, and that responsibility for safety and consequences for actions belong to the operator of the vehicle.
Snow mitigation service for the driveway may not include the removal of snow and ice from walkways and entry areas which may be covered with snow or be slick with ice as a result of the weather. Be prepared to walk on surfaces with accumulated snow and ice if your visit coincides with a weather event that causes snow or ice. Products are available to provide traction on snow and ice.
Ice melt/rock salt will damage gravel drive and walkways. Do not apply ice melt to gravel areas.
We will not change the standard to which we seek to clear snow/ice based on the transportation choices you make. IT IS YOUR RESPONSIBILITY TO ARRIVE FULLY PREPARED. There will be NO refunds, changes in properties, allowances, or date changes resulting from negligence in this matter.
14) EQUIPMENT FAILURE AND OTHER INCONVENIENCES
All equipment and advertised amenities should be in working order. Please report any equipment problems to the office immediately. Please be patient if you encounter any inconveniences. Beech Mountain Resort Lodging maintenance staff are motivated to serve you and will address issues as quickly as ability and resources allow. The timing of solutions will be affected by when the malfunction occurred, limited authority to affect change, the availability of specialists, and the demands on staffing resources at the time the issue occurs. Refund decisions, regarding appropriateness or amount, for equipment failure and inconveniences are decided by Beech Mountain Resort Lodging and will consider the interests of both parties to the contract (property owner and renter).
15) MOST PROPERTIES DO NOT HAVE AIR CONDITIONING
Please be aware that Most of the properties managed by Beech Mountain Resort Lodging are not equipped with air conditioning. If it is important to have air conditioning, please confirm via the online reservation system or contacting office prior to booking. It is the responsibility of the person making the reservation to gain familiarity with the amenities of the property, which may or may not include air conditioning. The agent is not responsible for weather conditions at the time of tenancy, and there will be no refunds or switching of properties due to lack of air conditioning.
16) PETS:
Advertised pet-friendly properties allow dogs only, there is also a limit on number accepted. Contact the office for approval on any Pets prior to booking.
Pet-friendly properties accept approved pets with a non-refundable pet fee that varies by home. All pets must be put in a crate if left unattended at the property. 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.
Evidence of a pet at the property without prior approval may result in a $250 fee in addition to the applicable pet fee charged to the credit card on file post-departure.
Please note that we cannot guarantee that properties advertised as not allowing pets have never had a pet in the property.
17) NUMBER OF CARS
Please be aware that some communities have strict standards regarding the number of vehicles allowed to park at a property. Some areas may not allow motorcycles, RVs, or trailers. You must always adhere to these regulations during your stay. Some Slopeside Properties have only 1 Reserved parking spot per unit, arrangements can be made for parking additional cars at the Check-in Office and will be issued a numbered Parking Permit that must be returned at Check-out. Permits not returned will be subject to a $25.00 fee.
You will be prompted by email for the number and type of cars.
18) SUBSTITUTION
The agent reserves the right to substitute accommodations if circumstances require. Circumstances include but are not limited to acts of nature, malfunctions, or other accidents or incidents that render a property uninhabitable. In the event that a property becomes unavailable, the agent will contact the tenant to offer alternative properties or a full refund.
19) ITEMS LEFT IN PROPERTY
Beech Mountain Resort Lodging is not responsible for items left in rental properties. It is important to check thoroughly before departing to avoid leaving your belongings. If you failed to remove and pack a belonging, inform us immediately and we will attempt to locate the item, deliver it to the office, and arrange to ship to the address you provide. But please remember that success with locating and returning the item to you is affected by many variables. So, there is no guarantee that left items will be found. Items found but not claimed within 2 weeks of departure date will be donated to charity.
20) OWNER’S CLOSETS OR OTHER LOCKED AREAS
It is normal for a portion of the property to be locked and unavailable for guest use. Locked closets or other areas are reserved for storage of the owner’s private property. Locked areas are not included with a reservation. Entry to locked areas of the house will be considered illegal trespassing.
21) ENTRY
Under special circumstances, it may be necessary for the agent to enter the property during reasonable hours for any purpose connected with the repair, care or management of the property.
22) WHAT IS PROVIDED AT THE HOUSE UPON ARRIVAL
All properties are set up for light housekeeping. Beds are made with clean linens and one towel and washcloth is provided for each guest. If you require more than a single towel per guest, it is recommended that you bring towels from home. Units are equipped with washer/dryers. Beech Mountain Resort Lodging provides toilet tissue, laundry and dish detergent, paper towels and trash bags. Guests provide personal toiletries such as soap, shampoo, toothpaste and the like. You may need to bring supplies from home or plan to purchase these items to be properly stocked for the duration of your stay. Kitchens should be stocked with kitchenware and tableware sufficient for basic meal preparation. Specialty cookware is not guaranteed to be available at the property, and thus should be packed by you if necessary.
23) 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 also authorizes agent to disburse prior to tenant’s occupancy of the premises any fees owed by the property owner to third parties to pay for any goods, services, or benefits procured by the agent for the benefit of the tenant or property owner.
24) TRANSFER OF PREMISES
If the owner voluntarily transfers the premises, the tenant has the right to enforce this agreement against the grantee of the premises. If a tenant’s occupancy under this agreement is to end 180 days after such recordation. The 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, the tenant is entitled to a refund of all advance rent paid by tenant. Within 10 days after transfer of the premises, the grantee or the grantee’s agent is required to (i) notify the 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 the tenant has the right to occupy the premises subject to the terms of this agreement or receive a refund of any payment made by the tenant.
Upon termination of the owner’s interest in the premises, whether by sale, assignment, death, the appointment of a receiver or otherwise, the owner, owner’s agent, or real estate agent is required to transfer all advance rent and fees paid by tenant to the owner’s successor-in-interest within 30 days and notify the tenant by email 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 must be transferred to the tenant within 30 days.
If the owner’s interest in the premises is involuntarily transferred prior to the tenant’s occupancy of the premises, the owner is required to refund to the tenant all advance rent paid by tenant within 60 days of the transfer.
25) TENANT DUTIES
Tenant agrees to be a polite and conscientious neighbor, and to comply with all obligations imposed by the Vacation Rental Act 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. Tenant agrees to not use the premises or amenities for any activity or purpose that violates any criminal or copyright law or governmental or local regulation, including noise ordinances, local parking restrictions, and illegal use of the internet. Tenant’s breach of any duty contained in these terms and conditions shall be considered material and shall result in the termination of tenancy. Beech Mountain Resort Lodging will cooperate with any investigation of illegal activity that seeks to hold perpetrators responsible.
26) AGENTS DUTIES
The agent agrees to provide the premises in a fit and habitable condition. If at the time the tenant is to begin occupancy of the premises, the agent cannot provide the premises in a fit and habitable condition or substitute a reasonably comparable property in such condition, agent shall refund to the tenant all payments made by the 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.
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. The tenant may be evicted under such procedures if the tenant: (i) holds over in possession after the terms of the tenant’s rental agreement 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 the 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 indemnify and hold harmless the agent and the owner from and against any liability for personal injury or property damage sustained by any person (including the tenant’s guests) as a result of any cause unless caused by the negligent or willful act of the agent or the owner, or the failure of the agent or the owner to comply with the Vacation Rental Act. The tenant agrees that the 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 the 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 the written permission of the agent. Acceptance of terms and conditions is acknowledgment and acceptance of this information by the tenant.
29) RESOLUTION
Any claim or dispute arising from or related to this agreement shall be settled by first discussing the matter, secondly by mediation and, if necessary, by legally binding arbitration. 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.
33) NO SMOKING
ALL of our properties are NON-SMOKING properties. You may not smoke inside any of the properties. If any sign of smoking is found inside a property, the responsible party accepts responsibility for smoke odor remediation, and possibly to reimburse the property owner for time off the market, should remediation require extended time. If smoking discovered during stay it will be grounds for immediate eviction.
34) AMERICANS WITH DISABILITIES
The properties in our vacation rental program are privately owned residences, and NONE of the properties meet the standards to be ADA Compliant.
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 WITH CAROLINA CABIN RENTALS, INC. THROUGH ANY MEANS OTHER THAN THE ONLINE RESERVATION SYSTEM, THIS AGREEMENT IS EMAILED TO YOU ALONG WITH YOUR RESERVATION CONFIRMATION. WHILE 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, YOUR RESERVATION IS NOT GUARANTEED AND CONFIRMED UNTIL RECEIPT OF A STATEMENT OF ACCEPTANCE FROM THE EMAIL ADDRESS ASSOCIATED WITH THE RESERVATION.
Acknowledgment:
I agree to abide by the rules and policies 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 with 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 agree that this is a legally binding document and I have read and agreed to all terms and conditions in this document.