Condensed version:
・NO smoking of any kind, including vaping, inside the cabin, or outside by doors or open windows.
・Only 1 dog allowed, up to 30 lbs. Must be on flea/tick treatment. Dog will need to be crated if left alone in cabin. Guest must pickup dog droppings and properly dispose of in trash. Pet fee is required.
・NO events / NO house parties / NO bachelor/bachelorette parties, NO chaperoned/student/school groups (except by written permission at least 60 days in advance).
・Primary Guest must meet the minimum age to reserve, rent, and must be present during the entire stay.
・Rental Agreement signed by Primary Guest and valid government photo ID are required within 24 hours of booking.
・No occupancy above the stated limit or the number of guests on the booking at ANY time. The number of guests in the booking and Rental Agreement must include ALL adults and ALL children - regardless of age.
・All guests must be registered by Primary Guest by providing name and age.
・Reservations made under false pretenses will be deemed cancelled by Guest without refund.
・Guests are REQUIRED to notify us of any damage as it occurs to be eligible for the accidental damage coverage. Damage found after departure will be charged to the guest, along with any service fees and reimbursements to future guests that result.
・No refunds for weather, road conditions/closures, utility service interruptions, local/regional/national health emergencies, or acts of God; purchase Travel Insurance to provide this coverage if you have concerns ⏤ especially during months of winter weather.
・Check-in is 4:00 PM ET and check-out is 10:00 AM ET. If property is not vacated by the checkout time, there is a $100 fee for the first 30 minutes and $50 for each subsequent 15 minutes.
・Do not disconnect or relocate any electronics (TVs, DVD players, game consoles, chargers, etc.). - doing so may necessitate a 3rd-party technician service call to restore the items to their proper condition and operating status for the next guest. Any costs for such service will be charged to the guest. The vendor's current rates are $150 for first 30 minutes and $75 for each additional 30 minutes. All associated costs with the replacement of missing electronic devices and repair fees will be charged to the guest.
・No open fires, flames, or candles, gas grills or charcoal grills are permitted any time on or near the wooden decks unless installed or provided by the Owner.
Local authorities (Sevier County Emergency Management) may issue bans against burning ⏤ in the interest of public safety. It is the guest's responsibility to note any such restrictions and abide by them. We may also forward information about any such local proclamations.
・Hot tub is only for use by adult guests who are in good health and are medically qualified. Generally, temperatures of hot tubs (approximately 104-degrees) are not recommended for minors. Guests are required to shower/bathe before using to remove body oils, makeup, hair products, and anything else that may interact with the chemicals or water.
・The home may contain such items as a pack-n-play, crib, games, high chair, condiments, kitchenware, appliances, and other items. Your use of them is at your own risk. Only you are in a position to determine if they are appropriate for you to use.
・Owners reserve the right to install and operate actively recording security devices or image capture/image recording devices anywhere on the property outside of the dwelling for the express purpose of securing the property, driveway, entryway, parking, dwelling and its contents and enforcing occupancy/pet rules. We recognize that privacy is important and no such devices have, or will have, any views of the interior or outdoor spaces where privacy can reasonably be expected (e.g. hot tub area).
・Guest concerns and/or complaints should be in writing, by channel message, text or e-mail AND before departure. All guests will allow the Owners or the designated representatives sufficient time and access to document and undertake reasonable corrections.
・Violations of rental policies, occupancy, pet and house rules or Rental Agreement conditions will result in immediate termination of stay with no refund of any kind and forfeiture of Rental deposit.
Full Text of Renter Agreement
RENTER AGREEMENT for Mountain Air
This Renter Agreement ("Agreement") is made and effective {date} ("Agreement Date") between Kaliber Enterprises, LLC ("Owner" or "Host") and {Guest Name} ("Guest" or "Guests") regarding the property known as Mountain Air 2BR ("Rental Property") which is located at:
{Property Address}
In consideration of the rent received and the mutual promises contained herein, Owner of the Rental Property does hereby rent, on a transient basis and without tenancy, to Guest(s) such Rental Property under the following terms and conditions:
- Guest agrees to abide by all rules and regulations contained herein, contained in official property listing(s), contained in Airbnb's Terms of Service and rules, provided by Owner in advance of arrival, and posted on the premises related to the Rental Property. Guests obligations include, but are 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 area and remainder of the premises that Guest uses. Guest is responsible for all items in the home and premises and provided for their stay. Guest agrees not to use the premises for any commercial activities or purpose that violates any criminal law, rental agreement, or governmental regulation. Guests agree to not enter, nor attempt entry to, any areas of the home that are locked or marked as "off limits", "private", or other similar designation. Guest's breach of any duty contained in this paragraph shall be considered material and shall result in the termination of guest occupancy with no refund of any kind and loss of any security deposit held by Owner.
- The following are strictly prohibited at all times. Any and all costs incurred for the remediation of any violation as it relates to the property or its contents, as well as any lost rental income resulting from such violation, will be the responsibility of the Guest.
2. No Smoking, in any form, is allowed anywhere inside the property.
3. No parties or events.
4. Restrictions by local and state regulations regarding noise will be strictly adhered to.
5. No youth groups permitted unless approved by Owner in writing at least 30 days in advance.
6. Only registered guests are permitted in the property at any time. Number of persons on the property may not exceed the number on the booking, or the listed maximum capacity, at any time.
7. Parking is strictly limited to the number of vehicles documented in the listing. No trailers, boats, campers, RVs, busses, or vehicles with more than 2 axles are permitted to park on the property. Any vehicles in violation of these rules are subject to being towed. Owner is not responsible for such actions or costs or fines incurred by Guest, even if levied after guest departure. Fines or penalties issued by government authorities for violating local laws and covenants will be the sole responsibility of the Guest. If such fines or penalties are received after Guest has departed, the Guest gives Owner their permission and authority to use the Guest's payment card to pay any such costs on their behalf.
8. Reservations made under false pretenses, including not stating proper size of party or guest ages, will be immediately cancelled and Guest denied access to the property, or required to immediately vacate if such is determined after arrival. Guest will forfeit all monies and any security deposit. In no event shall the Rental Property be occupied any persons not included on the guest list, or by more persons than the capacity of the property as stated on the web site or the confirmation letter, without prior approval by Owner. No fraternities, school, civic, or other non-family groups are allowed unless Owner grants prior written approval. In no event shall Guests assign or sublet the Rental Property in whole or in part. Violations of these rules are grounds for expedited termination and a requirement to immediately vacate the property with no refund of any kind, forfeiture of security deposit, and potential civil action to recover damages to the property and/or business.
- Guests hereby acknowledge and grant specific permission to Owner to enter premises at any time for inspection purposes should Owner reasonably believe that Guests are causing or have caused any damage to Rental Property, or have exceeded the capacity of the property or the size of the party specified in the reservation, have violated any of the terms of this agreement or rules contained in the listing, or that the property may require servicing. Guest further agrees to grant Owner reasonable access to Rental Property for purposes of maintenance and repair. If listed "For Sale", Guest agrees to grant access by scheduled appointment upon notification.
- In the event Guest wishes to terminate this agreement, any Travel Insurance, resort fees, and costs for transacting, processing, or administrative fees are non-refundable. Fees charged by Airbnb are subject to their terms and conditions and are not under the control of the Owner. The following cancellation rules will apply:
- If the reservation is made with an online marketplace, such as Airbnb or Vrbo, Guest must initiate the cancellation directly with the marketplace.
- Moderate: Free cancellation at least 5 days before check-in. After that, cancel before check-in and get a 50% refund, minus the first night and service fee.
- If booked through Airbnb or any of its affiliated sites, the following terms will apply:
- Airbnb will collect all payments for the nightly rate, any fees, local taxes, and the service fees added for making the reservation on their platform.
- Payment terms are governed by Airbnb.
- Any refunds made or due will be handled through and by Airbnb and subject to Airbnb's payment and refund terms.
- Owner is authorized by Airbnb, as an API-connected host, to collect and hold a security deposit outside of the Airbnb platform.
- A security deposit ("Security Deposit") of $300.00 is required. Guest will provide Owner with a credit card to be used for the Security Deposit. Security Deposit will be automatically reserved for the booking by Owner at least 2 days prior to the scheduled check-in time. If, at the end of the rental period, the rental property is returned undamaged beyond normal wear and tear, the Security Deposit will be released by Owner, in full, within five (5) business days. During this period, Owner may be required to renew Security Deposit on the given credit card. In the event of any damages, Owner will provide Guest with a full accounting of expenses incurred and deductions made from the Security Deposit. Should the damages exceed the amount of the Security Deposit, Guest agrees to pay the balance within five (5) business days after receiving notification. Deductions from Security Deposit may include, but are not limited to: excess cleaning fee, trash removal fee, missing item replacement costs, damaged item replacement or repair costs, repair costs of buildings or grounds, shipping and handling costs, or other related service call fees. Owner is under no obligation to use the least expensive means of restoration. At the Owner's option, they may require that Guest obtain Damage Insurance Coverage in lieu of, or in addition to, collecting a Security Deposit. Coverage amount will be determined by the Owner and the cost of the policy paid by Guest. Costs for any accidental damages or remediation to return the home to the same condition as upon Guest arrival will be claimed against this policy. Costs in excess of policy coverage or deemed to not be covered by the policy carrier, will be charged to the Security Deposit, if one was collected, and then to the Guest credit card on file. Guest agrees to expeditiously reimburse Owner for any excess costs, including any lost rents or legal costs, that result from damage or loss resulting from Guest's actions or negligence.
- Guests may not have any pets on the Rental Property, unless the Rental Property is specifically made available as "accepting pets" and pets are properly disclosed and fees are paid. If unauthorized animal(s) is/are found in, on, or about the Rental Property, it will be grounds for immediate termination of access to the property, forfeiture of all monies paid, and subject the Guest to financial reparations for allergen remediation services for the property. Guest shall be responsible for any and all costs of enforcing such termination and departure from the property, including lost rents for necessary cancellations that may result.
- Guests must inform the Owner of their intention to bring children and the specific number. A child is defined as any person under the age of 18. This must be reflected in the booking's group total as well. This number MUST INCLUDE INFANTS.
- No refunds will be provided due to inoperable appliances, pools, hot tubs, elevators, etc. The Owner will make every reasonable effort to assure that such appliances and equipment will be and remain in good working order. No refunds will be given due to power blackouts, water shortage, flooding, snow, construction at adjacent properties, road conditions, weather, public emergencies, or any other acts of God.
- If telephones or subscription TV services are provided in the Rental Property, they may have the capability of incurring costs for specific services, such as International calls, pay-per-view video, channel subscriptions, or other similar services. Guest understands that any actions, whether intentional or accidental, that alter the configuration or programming, incur additional costs, or interfere with the service will be the financial responsibility of the Guest. Costs incurred or charged during the Guest stay will be charged against the Security Deposit or must be paid directly by the guest.
- For example; if a member of Guest's party orders a pay-per-view event using the TV remote control or cable equipment, the Guest will be responsible for that cost.
- Or, if someone present during the Guest stay manipulates the cable equipment in a way that results in a change to the service subscription, Guest will be responsible for the costs involved in returning the service to normal levels.
- Guest is responsible for all shipping costs, along with a $50 service fee, for any Lost and Found items that Owner is requested to return to Guest. Any such costs must be paid directly to Owner prior to shipment. Owner may also recover transaction fees if they are incurred for collecting payment. Items found and not claimed within 30 days will be disposed of at the discretion of Owner. If available, Owner, at their own discretion, may use a 3rd party recovery or shipping service to handle the return of any Lost and Found items.
- Guest is responsible for lost, stained, or damaged linens or towels at the cost of two (2) times the published standard rental or retail price for such damaged or lost linens or towels. Lost or damaged linens are not covered under any insurance policy. Bedding materials, bath towels, and washcloths are not to be removed from the property for any reason. If provided, beach towels may be removed for use at Owner-provided pool or local beach.
- In the event Owner is unable to make Rental Property available for any reason other than described above or a reasonable substitute as determined by Owner, Guest agrees that Owner's sole liability as a result of this unavailability is to provide a full refund of all monies paid for the inaccessible dates under this Agreement and Guest expressly acknowledges that in no event shall Owner be held liable for any special or consequential damages which result from this unavailability.
- Guest agrees to indemnify Owner from and against liability for injury to Guest or any other person occupying Rental Property or use of the community grounds and amenities, resulting from any cause whatsoever including, but not limited to, injury sustained as a result of use of the phone, spa, hot tub, sauna, whirlpool tub, pool, lake area, beach, appliances, grills, exercise equipment, elevator, etc. except only such a personal injury caused by the gross negligence or intentional acts of the Owner.
- Owner may terminate this Agreement upon the breach of any of the terms hereof by Guest. Guest shall not be entitled to the return of any rental monies, fees paid, or Security Deposits held under the terms of this Agreement and shall vacate the Property immediately. Guest shall be responsible for any and all costs of enforcing such termination of access to the property.
- Agreement shall be enforced under the laws of the Sevier County and the State of Tennessee, including any applicable rental acts of that state and the county or city where the property is located, and represents the entire Agreement. Any amendments must be in writing and signed by both parties. In the event of a dispute, legal action may only be instituted in the county within which the Rental Property is located. If any part of this Agreement shall be deemed unenforceable by law, that part shall be omitted from this Agreement without affecting the remaining Agreement. Owner 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 Guest.
- Guest will not initiate a dispute or chargeback on their payment card without first contacting Owner to attempt to work out any payment issue. Guest should be aware that there are laws, commonly referred to as "defrauding an innkeeper" laws, in our jurisdictions and they carry criminal charges. In the event of a chargeback for fraudulent or false reasons, Owner may file charges with local law enforcement and provide any and all necessary evidence.
- No agreement, policy, or terms of an online advertising merchant or marketplace, Airbnb, Vrbo, or other online booking site, shall negate, nullify, or reduce the rights of the Owner in this agreement or under local laws.
- The Rental Property may offer access to recreational and water activities, including but not limited to pools, lakes, large bodies of water, beaches, canoes, bicycles, golf carts, public transportation, fishing, hiking, and swimming. Guest fully understands and acknowledges that outdoor recreational and water activities have inherent risks, dangers and hazards. Participation in such activities and/or use of equipment may result in injury or illness including, but not limited to bodily injury, disease, strains, fractures, partial and/or total paralysis, death or other ailments that could cause serious disability. Guest agrees to fully indemnify and hold harmless the Owner, and any and all agents, employees, or contractors for any injury or damage caused by these activities, whether caused by the negligence of the Owners, the negligence of the participants, the negligence of others, accidents, breaches of contract, the forces of nature or other causes foreseeable or unforeseeable. Guest hereby assumes all risks and dangers and all responsibility for any losses and/or damages, whether caused in whole or in part by the negligence or other conduct of the Owners or by any other person. Guest hereby voluntarily agrees to release, waive, discharge, hold harmless, defend and indemnify Owner and any and all agents, employees, or contractors from any and all claims, actions or losses for bodily injury, property damage, wrongful death, loss of services or otherwise which may arise out of use of Rental Property facilities, equipment, or activities by Guest, any member of their party, or any other person Guest permits to access the property. Guest further assumes full responsibility for the actions of any and all persons whom they may allow to enter the property during the rental period and indemnifies Owner from any and all claims arising from such other persons.
- Owner may install actively recording video cameras, potentially with audio capabilities, on exterior of the premises. If so, there will be no interior views nor views of the property area with hot tub or swimming pool.
- Owner may install active noise monitoring devices to verify compliance with noise level requirements and local laws. These devices do not record audio, but do record the noise levels and can recognize types of sound, such as smoke alarms and glass breaking.
- Guest acknowledges that they are specifically prohibited from altering the configuration of any electrionic device or cable in the home. This includes, but is not limited to, televisions, Internet equipment, cable equipment, cabling, remote controls, or other connections. All equipment will be in proper working order and configuration on arrival of Guest. Anything found to have been altered or tampered with will result in a technician visit to return the equipment configuration to the original operating condition and Guest will be charged for the service call, with a minimum charge of $300.00.
NOW, THEREFORE, in consideration of the mutual agreements and covenants herein contained, Guest has read and agreed to the following:
I understand the rules and rental conditions upon which I am agreeing to rent accommodations, equipment, and use of the property and land. I acknowledge and accept that the sole responsibility for safety lies with Guest and the participant. In agreeing to this, I acknowledge that outdoor, mountain, beach, water, and camping activities and exposure to the natural elements and animals can be dangerous and sometimes result in injury and even death. Riverbanks, streams, steps, pool areas, and decks can be slippery, animals and insects can threaten and infect or injure, exposure to the elements can cause hypothermia, sunburn, among other risks inherent in participating in camping, outdoor and water activities. I know that alcohol and/or drugs do not mix safely with any activity.
I am 18 years of age or older and assume responsibility for those in my charge under the age of 18. I hereby assume all legal responsibility for bodily injury to me or to any person on the property as a result of my visit and use, use of bunk beds and recreational equipment and supplies, operation or possession of equipment hired or loaned to me. Acknowledging this, I accept complete responsibility for the minor children and myself in my charge and visit the property and equipment and engage in activities or events at my own risk.
I will abide by the rules and accept these rental conditions:
- I acknowledge receipt of the property in good order and condition (if found otherwise per my arrival I will contact Owner immediately) and further agree that the Owner of the Rental Property shall not be liable for consequential damages of any kind or nature from whatever cause arising, whether property or equipment is loaned or rented. The property will be returned in the same condition in which it was rented and I will be responsible for all damage and/or loss that occurs during my rental period or as the result of my actions.
- All parties agree to and will comply with Federal, State, County, and City noise and pollution laws and any other applicable laws and regulations.
- I agree to hold harmless and to indemnify the Owner of the Rental Property against all loss, damage, expense and penalty on account of personal injury or property damage to the rental dwellers, the undersigned or to any minor child or children in the charge of the undersigned, howsoever rising, whether by act or acts or failure to act of the employees, owners or animals of the said company or property owners or not.
- I agree to hold harmless and indemnify the Owner of the Rental Property against any and all fines, penalties, and punitive actions that result from conduct by me, by any member of my party, or by any other guest I permitted to access the property, during our stay.
- I enter into this agreement freely with the Owner of the Rental Property at my own risk, acknowledging the risks inherent in travel, outdoor, mountain, beach, water, and river activities and assume any and all responsibility for the minor children and myself in my charge.
- I agree that I will pay any fines or penalties that the host may incur as a result of the action of any member of my party. Host hereby has permission to charge to the card I provided for the security deposit.
- I fully accept the terms and conditions for cancellation or termination contained in paragraph 3 herein, which states the cancellation policy is: Moderate: Free cancellation at least 5 days before check-in. After that, cancel before check-in and get a 50% refund, minus the first night and service fee.
- I understand that I have the opportunity to purchase Travel Insurance through sources provided by Owner, on the open market, and possibly on the platform used to book the property, and that any such insurance is my own responsibility.
- I certify that the following list, supplied by me, represents the full names and ages of the entire party who will accompany me at the Rental Property during the rental period. No additional persons will be permitted.
Members of Party Authorized to Access Rental Property