CABIN RENTAL AGREEMENT/CONTRACT
State of Georgia, Counties of Gilmer and Fannin
This Cabin Rental Agreement is a legally binding agreement between Guest, Agency and Owner. Information regarding individual listings is believed accurate but cannot be guaranteed. Sliding Rock Cabins® serves as the Agents and represents the owners of vacation properties in its rental program, and is acting at all times, in and for the best interest of the property owners. Guests are a licensee of the Owner and not a tenant; and Guests are not acquiring any interest in the property. Sliding Rock Cabins Reserves the right to refuse service to anyone. All rental properties are rented without regard to race, color, religion, sex, national origin or handicap. Registering guest must be age 25 or above and must be in attendance at the cabin. By submitting their reservation guest confirms they are 25 years or older.
DISPUTES – This Agreement/Contract shall be governed by and interpreted in accordance with the laws of the State of Georgia and be treated as though it were executed in the County of Gilmer, State of Georgia. Any action relating to this Agreement/Contract shall be instituted and prosecuted only in the Gilmer County Superior Court, Georgia. Guests specifically consent to such jurisdiction and to extraterritorial service of process.
1. RESERVATION AGREEMENT: Guests acknowledge, understand, and agree that the moment Guests give Agents their credit card information, Agents are authorized to charge said credit card for the initial deposit of fifty percent (50%). Agents are authorized to charge the balance of the total charges the MasterCard or Visa on file on thirty-one (31) days prior to Guests arrival date. Guests agree that any changes to the balance charged such as; different credit cards, different type of card, etc., within the thirty-one (31) day period will result in a $40 change fee. Agents’ Cancellation Policy will govern any cancellation, rescheduling, or change after the credit card authorization.
2. PROCESSING FEE (Non-Refundable): NON-REFUNDABLE $50 PROCESSING FEE (This fee includes Damage Waiver Protection) – Each reservation is charged a non-refundable Processing Fee of Fifty Dollars ($50.00). This Processing Fee is designed to protect Guest(s) and Owner(s) from excessive charges due to accidental damages occurring during Guest(s) stay. The Processing Fee provides up to Three Hundred Dollars ($300.00) coverage to repair accidental damages (beyond normal wear and tear). If damages surpass $300.00, additional charges will be applied to the credit card on file and written documentation will be sent to Guest(s) of record. If damages are determined to be caused by the willful misconduct or blatant misuse, the Processing Fee Coverage may be voided by Agents on the grounds of intentional act(s), gross negligence, willful and wanton conduct of Guest(s) or Licensee of Guest(s). This Processing Fee does not cover additional fees or fines. ALL ACCIDENTAL DAMAGES MUST BE REPORTED TO SLIDING ROCK CABINS OFFICE BEFORE GUEST(S) DEPARTURE TO QUALIFY FOR PROTECTION.
3. CANCELLATION/RESCHEDULING/NO SHOW/EARLY DEPARTURE: Each cabin is privately owned and cancellations affect owners significantly. Cancellations, rescheduling, or changes must be submitted in writing and confirmed received by Sliding Rock Cabins® more than thirty-one (31) days prior to check-in date, in order to receive refund, less $40 processing fee. Said changes regardless of reason made within thirty-one (31) days of your check-in date will result in a forfeiture of moneys paid. All moneys paid are non-transferable to another date. Refunds will be given if Agent can re-book said dates with another guest limited to the extent of rebooking. Agents are not responsible for Guests inability to arrive or if Guests chooses to depart early for any reason, or if members of Guests party do not show up. No refunds, rebates, or compensation will be offered. There will be no refunds or compensation for: Acts of God, Mother Nature (i.e., snow/ice/rain, etc.), acts of war or government agencies, road maintenance, gas shortages, power outages or water outages. WE STRONGLY SUGGEST PURCHASING VACATION RENTAL INSURANCE. Please follow this link for the Travel Insurance coverage policy; http://www.vacationrentalinsurance.com/
4. VACATION RENTAL INSURANCE PLAN (OPTIONAL): You are a valued guest and we want to do everything possible to make your trip enjoyable and worry free. Because the unforeseen and unexpected can occur before you leave or when you’re away from home, we encourage you to Accept Travel Insurance through CSA’s Vacation Rental Insurance Plan to your reservation. Please review the travel insurance information on our website by clicking “about us” then Travel Insurance” this will direct you to CSA’s website. CSA charges 6.95% of your fees. As this is not a Sliding Rock Cabins product you are also welcome to purchase travel insurance through any other company. If you choose to Decline the CSA Travel Insurance and either purchase it elsewhere or forego insuring your stay, please mark as Declined and we will make a note of it. Please note, all travel insurance companies will require supporting documentation of any claim and Sliding Rock Cabins is not responsible for any travel insurance company’s policies or decisions. Please follow this link for the Travel Insurance coverage policy, http://www.vacationrentalinsurance.com/
5. OCCUPANCY: The maximum occupancy and age restrictions are stated in all accommodation descriptions. Registering guests must be age 25 or above. Guest signing below confirms they are age twenty-five (25) or above and in attendance at the cabin. Any child one year old and above is considered an occupant and must be included in the occupancy total. Rollaway beds, inflatable mattresses and sleeping bags are prohibited and no overnight guests are allowed. If you: are found to exceed the maximum occupancy of your cabin, you have more guests (human or pet) than you have noted on page 8 of this agreement, bring children to an adult only cabin, or bring a cat to a cat-free cabin it will be considered a breach of contract and will result in immediate eviction and charges for extra occupants with no refunds, rebates, or compensation. Cabins are set up only for the number of overnight guests on rental agreement.
6. ARRIVAL, DEPARTURE, DIRECTIONS; AND WEATHER CONDITIONS: Directions will be sent by Agents if Agents have received the completed and signed Signature Page of the Cabin Rental Agreement. If Guests choose to leave home without directions, Agents cannot be held responsible for Guests inability to find their cabin. It is entirely the Guest’s responsibility to be aware of road conditions and weather conditions that may affect roads to/from cabin along with weather conditions that may effect the cabin and cabin’s property during their stay.
7. CONDUCT: Occupancy and use of premises shall not be such as to place the property in danger of damage or to disturb or offend neighbors. No; parties, excessive speeding through neighborhoods, riding of ATV’s or Off Road Motorcycles/Dirt Bikes, excessive noise and/or obnoxious behavior, discharging of Firearms, or Fireworks, etc. Refrain from making noise that neighbors can hear from 10 pm to 8 am. Agent does not permit weddings, wedding receptions, rehersal dinners, parties, family reunions. No drinking of alcoholic beverages by persons under the legal age of twenty one (21) is allowed on or in rental properties. The Agents have the prerogative to terminate this Agreement /Contract and to demand that disruptive Guests vacate the premises, thereby forfeiting all rental fees to Agents.
8. NON-SMOKING – NO EXCEPTIONS: All cabins are non-smoking. Guests agree to pay not less than $350 for odor abatement if smoke is detected in the cabin. Cigarette butts must not be disposed of in the yard or on the property.
9. GRAVEL ROADS: Roads leading to most rental properties are dirt, gravel, mountainous and are sometimes bumpy. Agents are not responsible for conditions of road. Please do not attempt to drive to cabins in Recreational Vehicles (RV’s).
10. WILDLIFE/RIVERS/CREEKS/MOUNTAINS: All Cabins are in the mountains as such you are likely to encounter Bear, Deer, Turkey, Ladybugs, Snakes, Carpenter Bees, Wasps, Scorpions, Ticks, Ants, Chiggers, etc. Neither Agent nor property owner will accept responsibility for any issue caused by wildlife. Additionally, Guest acknowledges that bodies of water and steep terrain carries risk that may result in serious injury or death. Never use canoes, kayaks, or any water toys while under the influence of drugs or alcohol. Guest hereby assumes full responsibility for risk of bodily injury, death or property damage arising out of any occupants use of the property and surroundings, including water. All children shall be supervised at all times and not be allowed in or near water without adult supervision. Severe injury or death could result from failure to properly supervise children. Water is a swim and enter at your ownn risk area.
11. CABLE/SATELLITE/INTERNET TV/INTERNET AND TELEPHONES :The cabin owner has chosen channel availability and placed a block on all billable programs which agent cannot activate. Guest agrees that long distance or any billable charges of any kind shall be made by credit card, calling card or charged to third party number. Any billable calls made during the stated rental period and charged to the owner will be billed, along with a processing fee, back to the guest upon receipt of the charges. Neither owner nor agents will guarantee specific channel or program availability.
12. MAINTENANCE, REPAIRS, AND REFUNDS: In case of a breakdown of any property equipment, guests shall notify Agents immediately. Agents will make every effort to correct any problem that arises during stay in a timely manner from the moment the call is received. however, Agents cannot guarantee against mechanical failure of cabin equipment such as: heat, air conditioning, electricity, water, any appliance, cable, satellite, TV, DVD, Telephone, electronics, WIFI, gas logs, grills, hot tubs, etc. There should be no expectation of refund, and there will be no refund or relocation because you are disappointed with the property you have chosen to rent or in the event that something associated with the property is not working to your satisfaction. Should a repair person make a call to repair or replace a unit that is found to be in working order and the problem was due to Guests oversight, neglect or misuse, Guests agree that the repair call costs may be billed to the Guests credit card on file. Agent cannot be held responsible for the failing of any other company due to said company’s error or service interruption (i.e. electricity, water, gas, etc) However, Agents agree to do all that is humanly possible to remedy any issue as quickly as possible. Agent cannot be held responsible for acts of neighbors such as; construction, road repair, and maintenance.
13. RIGHT OF ENTRY: Guests understand, and agree that Agents reserve the right to enter property at anytime to investigate disturbances, check occupancy, check damages, make repairs, alterations, and improvements.
14. FIREPLACES AND FIRE-PITS: Wood Burning and Gas Log Fireplaces are seasonal and operational from 01 October through 01 April. Agents provide 6 to 10 pieces of firewood for Indoor wood burning fireplaces only while in season. Agents do not provide firewood for firepits. Additional firewood may be purchased with enough advance notice. In Wood Burning fireplaces, no item including but not limited to; charcoal, lava rocks, accelerants, etc., may be burned. Guests agree to pay damages, if any item, other than hardwood or Duraflame type logs are burned. In Gas Log Fireplaces, no additional items, may be burned in fireplace. Guests agree to pay damages, if any other item is burned in fireplace. Guests further agree that no fire in any type fireplace or fire-pit will be left unattended. Guests agree to not burn any firewood provided for Indoor wood burning fireplace in outdoor firepit. If a property does not offer a fire-pit guests will not make one, doing so is considered damages and the guest will be charged accordingly.
15. HOT TUBS: Hot tubs undergo a complete water change and are cleaned and chemically balanced prior to your arrival. Water may therefore be cool. Overuse or misuse of the hut tub may result in a chemical imbalance and could create unhealthy water. Please observe all rules posted. If the water should become cloudy or develop an odor, please call the management company. Guests may not add any objects or chemicals not provided by management to the hot tubs and agree to pay damages if hot tub has been compromised. Guests agree to pay an additional charge of $50 if Guests request an additional cleaning of hot tub during Guests’ stay. Guests understand that hot tub usage is at their own risk and will not hold Agent or Property Owner responsible for any injury or illness. It is absolutely forbidden for children to be in the hot tub without a responsible adult or use the hot tub as a play pool for children. All guests must follow hot tub rules posted at cabin.
16. GRILLS: Please clean up all grease and food spills. to discourage bears Guest agrees that charcoal or any accellerant will not be put in the grill, if charcoal is found to be present inside the grill guest agrees to pay for grill replacement. Guest must turn off propane supply immediately after each use.
17. SUBSTITUTIONS: Agents reserve the right to substitute a comparable cabin without liability in the unlikely event that reserved cabin is unavailable for any reason. This will be done only as a last resort when a maintenance issue or service interruption (electricity, water, gas, etc.) renders the cabin uninhabitable, the property is sold or the property management agreement is terminated. Agents cannot absolutely guarentee a specific property.
18. PET POLICY – For us to continue our very lenient Pet Policy, the following items must be adhered to:
a) No Pets in hot tub. Guests agree to pay not less than $100 cleaning fee if pet gets into the hot tub.
b) Pets must be completely housebroken, well behaved, and pest free.
c) If your pet gets on our beds or other furniture, the furniture/bed must be protected by the renter against hair, soiled paws, or any other soiling. Guest shall bring appropriate protection such as old sheets/towels. Guests will be charged an extra cleaning fee of not less than $50 if pet hair causes a delay in cleaning services. Guests will be charged an additional cleaning fee for soiled bedding.
d) Guests will not use any linen on pets other than the pet towels provided by Agents or Guests.
e) Guests agree to pay for any damages caused by pets. Guests agree they are authorizing Agents to charge Guests credit card on file for any damages or excessive soiling sustained.
e) If pets have an accident in cabin, all clean up will be performed by the Guests. Guests will police waste from grounds, deposit in plastic bags and then put in outside garbage cans. Guests agree that failure to comply with clean-ups of either inside or outside cabin will result in an additional cleaning charge.
f) Guests agree to be in full control of their pets at all times & take full responsibility for pets well being additionally, guests agree pet will not be left outside, on porches or anywhere that barking will disturb neighbors.
g)Guests agree to not bring a cat to a dog-only cabin. If any evidence of a cat is found upon departure guests will be charged a dander abatement fee plus any damages. If cat is found during stay, it will be considered a breach of contract and will result in immediate eviction with no refunds, rebates, or compensation.
h) If any of these Pet Policy items are not met, Guests are in violation of this Agreement/Contract.
19. DAMAGES TO PROPERTY-EXCESSIVE SOILING: Premises are to be left in clean, undamaged condition. Guests authorize Agents to charge Guests’ credit card on file for any damages, repairs, replacement, or special cleaning sustained to property. Guests agree to pay moving costs if furniture is rearranged in such a manner that results in cleaning services being delayed.
20. CHECK-IN/CHECKOUT TIME: Check-in time is no earlier than 3:00 PM; checkout is no later than 11:00 AM. By signing this Agreement/Contract, Guests are authorizing Agents to charge their credit card one full night’s rental for a check-in earlier than 03:00 PM or a checkout later that 11:00 AM.
21. ITEMS LEFT BEHIND: Agents are not responsible for any items Guests leaves behind in cabin. Agents are authorized to charge a fee of $35 plus shipping costs for the return of any items Guests leaves behind in cabin. Items will be discarded or donated after 7 days.
22. EXPEDITED EVICTION: A material breach of this Agreement by Guests, which, in the sole determination of the Agents, results in damage to the Premises, personal injury to Guests or others, a breach of the peace, a nuisance to others, or a violation of criminal law or local code, shall be grounds for termination of Guests tenancy. Violation of any of the rules contained here in will result in immediate eviction and forfeiture of rent and security deposit. The expedited eviction procedures set forth in the Cabins Act apply. Guests may be evicted under such procedures if Guests: (i) hold over in possession after Guests tenancy has expired; (ii) commit a material breach of any provision of this Agreement that according to its terms would result in the termination of Guests tenancy; (iii) fail to pay rent as required by this Agreement, or (iv) have obtained possession of the Premises by fraud or misrepresentation. Any reservation made under false pretenses will result in forfeiture of advance payments and the party will not be permitted to check-in.
23. GUESTS AT FOREVER FRIDAY CABIN ONLY: Beyond Forever Friday’s fenced boundaries is a large boulder above the river. Guests understand, and agree that no one in their party, regardless of age is permitted to cross the fenced private boundary or in any way attempt to gain access to the boulder at risk of severe injury. Parents agree to keep their children and pets from crossing the boundary or in any way attempt to gain access to the boulder at risk of severe injury. All guests agree to hold harmless the: cabin owner, Sliding Rock Cabins®, and the owner of the boulder, if they or any of their party choose to in any way attempt to gain access or succeed in gaining access to the boulder and are harmed in any way. Additionally if there is any breach or crossing of this boundary, Guests will be immediately removed from the cabin with no refunds, rebates, or compensation.
24. VIOLATION OF AGREEMENT/CONTRACT: Agents reserve the right to remove renter without refund, rebates, or compensation, if any of the Agreement/Contract items are not met.
25. INDEMNIFICATION AND HOLD HARMLESS: Guests acknowledge understand and agree that each and every guest or guardian shall be solely responsible for any property damage, accident or injury to any person or loss sustained by any person, including loss of money, jewelry, and other items of personal property, arising out of or in any way related to Guests use of the premises or the items of personal property provided by Sliding Rock Cabins or cabin owner. Guests shall inspect and be familiar with proper use and application of such items prior to using them. Guests hereby agrees to indemnify and hold Sliding Rock Cabins LLC, employees, owners & officers and/or homeowners harmless from any and all claims including those of third parties, arising out of or in any way a result of the guests use of the premises or items of personal property provided therein. Guests hereby agree to INDEMNIFY and hold Sliding Rock Cabins LLC, employees, owners and officers and/or homeowners harmless from any and all claims including those of third parties, arising out of or in any way related to Guests use of premises or the items of personal property provided therein. Guests hereby agree to hold Sliding Rock Cabins LLC and/or homeowner, employees and officers harmless and to indemnify same against any and all claims which may arise during and after the course of rental as a consequence of any acts or ommissions of Sliding Rock Cabins and/or property owner, employees owners and officers. Guests assume the risk of injury or other losses relating to any recreational activities and will hold Sliding Rock Cabins and homeowner harmless with respect thereto.
Special Note-Roads to Cabins: None of Sliding Rock Cabins’ properties require four wheel drive vehicles to access. However, please be advised, unless otherwise noted, all of the roads leading to our cabins will be; mountainous and/or hilly, will have gravel and dirt, may be bumpy, some areas of the gravel roads are narrow, and none of the roads have guardrails along the way. They are driven daily in two wheel drive vehicles. Sliding Rock Cabins is not responsible for road conditions or driver’s ability.
SIGNATURE PAGE – Please fill in and fax to our Virtual Fax, the following pages to 402-615-6062
VACATION RENTAL INSURANCE PLAN
You are a valued guest and we want to do everything possible to make your trip enjoyable and worry free. Because the unforeseen and unexpected may occur before you leave or when you’re away from home we encourage you to Accept CSA’s Vacation Rental Insurance Plan at 6.95% (.0695) of reservation cost to your reservation. Please review CSA’s travel insurance through the link on our website for more details. This is not a Sliding Rock Cabins product however we strongly suggest that you accept Vacation Rental Insurance either through CSA or another insurance provider. If you choose to not accept Travel Insurance through CSA we will be happy to remove. Please note, all travel insurance companies will require supporting documentation of any claim and Sliding Rock Cabins is not responsible for any travel insurance company’s policies or decisions. Guests acknowledges and agrees that by initialing below, Agents have offered Vacation Rental Insurance and that Guests have chosen to, Please follow this link for the Travel Insurance coverage policy, http://www.vacationrentalinsurance.com/
ACCEPT: ___________(CSA’s Vacation Insurance) DECLINE: ___________ (CSA’s Vacation Insurance)
I am providing my credit card number as a guarantee. I understand and agree to pay all rent and accept all terms of the Rental Agreement/Contract, and accept all liability for any damages, beyond normal wear and tear, during the term of my stay with Sliding Rock Cabins®. If I fail to do so, I understand and agree that these costs will be charged to my credit card and that all credit card sales are final.
Guest shall provide a guest list prior to driving directions being sent. If you are found to exceed the maximum occupancy of your cabin including day guests you will be charged a minimum of $200 and it will be considered a breach of contract and may result in immediate eviction with no refunds or rebates.
Cabin will only be set up for the number of guests. No. Adults: ___ No. Kids (under age 21):____ No. Pets: _____ weight _________
Names & ages of all guests(including day guests), dog breeds/description: ___________________________________________________________________________________________________________________________________
ADDITIONAL Day guests: Adults ____ # Kids (under age 21):____ # pets:____ TOTAL NOT TO EXCEED MAX OCCUPANCY OF CABIN. Day guests can not stay overnight. Any variation from the initial reservation must be submitted separately and approved by Sliding Rock Cabins.
Signature of Guest Responsible for Credit Card: ________________________________Date: ___________
Number AND TYPE of Vehicles at Cabin: ___________________________________________________________________________ Thank you for allowing Sliding Rock Cabins to host your stay in the North Georgia Mountains.