“Destiny Den” A Luxury Cabin in the Smokies

VACATION RENTAL AGREEMENT

PLEASE READ THROUGH THIS ENTIRE DOCUMENT AS IT CONTAINS IMPORTANT INFORMATION AND CONDITIONS YOU WILL NEED TO KNOW WHILE STAYING AT THE CABIN. YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS IS REQUIRED TO USE THIS PROPERTY FOR A VACATION RENTAL.

Please Read These Important Items First:

AGE RESTRICTIONS/MAXIMUM OCCUPANCY:

You must be at least 21 years old to rent this property. We do not rent to students or singles under the age of 21 unless accompanied by a parent or legal guardian. This property cannot be occupied by more than four (4) people at any time. Any reservation obtained under false pretense will be subject to immediate forfeiture of all rental charges and immediate eviction from the property.

ACCOMMODATIONS & FURNISHINGS:

This rental property is privately owned and furnished by the owner according to our decorative preferences. We provide the following: linens for 1 king bed, 1 futon; beds have mattress pads, blankets, pillows, bath towels for the bathrooms along with hand towels & wash cloths. A starter supply of bar soap, toilet paper, paper towels, dishwasher detergent, dish soap, starter garbage bags for inside and outside garbage containers, dish cloths & towels for the kitchen. The kitchen has an assortment of the most common cooking utensils but will not be stocked with any food. If you move any furniture during your stay, please return it back to its original placement before your departure.

CONDITION OF PROPERTY AT CHECK-IN:

Upon your arrival to the premises you should find the cabin clean and ready for your stay. If the cabin hasn't been cleaned upon your arrival please contact the owner immediately. Any damage noticed upon arrival should be reported to the owner immediately. All general maintenance should also be reported so the cabin can be kept in good repair.

CONDITION OF CABIN AFTER CHECKOUT

Please be sure to follow the check-out procedures posted near the front door. Your cleaning fee charged at the time of booking will cover the cleaning required after normal use of the cabin. If our cleaning staff discovers that the cabin has been left in an excessive cleanup state, you will be charged an additional amount over your normal cleaning fee. Additional charges will be added if items are missing from the cabin or if anything is determined to have been broken or damaged beyond $300 in value. Please call the owners if anything needs to be repaired.

PAYMENT METHOD AND CANCELLATION POLICY:

PAYMENT METHOD

Complete payment for your reservation will be charged accordingly through AirBnB. This total includes the total number of nights booked times the rate per night, cleaning, damage waiver, service fees, Tennessee Sales and Use Tax (9.75% of the total) and County Lodging Tax (3.0% of the total). Once payment is received in full and you have accepted the rental agreement, you will receive a welcome package within 7 days before arrival that includes directions the cabin address, a front door keyless entry code, and other needed information for your vacation.

CANCELLATION POLICY

If you must cancel your reservation, please notify us immediately. Our policy is stated below and is also found on the AirBnB site:

1. A full refund will be issued for cancellations made within 48 hours of booking, if the check-in date is at least 14 days away.

2. 50% refund for cancellations made at least 7 days before check-in.

3. NO REFUNDS or CHANGES IN DATES for cancellations made within 7 days of check-in for any reason. This includes adverse weather conditions, road conditions, Acts of God, any health, sickness or personal reasons. We do not refund your payment for no-shows, shortened stays because of either late arrivals or early departures or bad weather. Weather conditions in the smoky mountains during the winter months can be unpredictable affecting accessibility and therefore may have an impact on your scheduled stay. We do not offer refunds due to weather related circumstances. We strongly recommend that you consider purchasing trip insurance to safeguard your rental costs should an unforeseen event occur preventing your stay.

CONDITIONS AFFECTING AVAILABILITY:

If a non-weather related problem with the cabin has occurred and the problem condition cannot be remedied before your arrival, a complete refund will be provided or we can reschedule your stay for a future date pending availability. Holdover stays in the cabin due to weather related events, i.e., additional nights added due to weather events preventing the guest from safely checking out on their last day, must be approved by the owner on a case-by-case basis. Every effort will be made to accommodate our guests in these situations. If a previous guest holdover situation has occurred over the time of the next scheduled stay, the next guest will be fully refunded, charged for partial nights of their stay (if chosen by the guest) or offered to reschedule their stay for a future date pending availability. If a non-weather related problem occurs during your stay, preventing occupancy for the remainder of the nights booked, your refund will be determined as follows:

1. If it is determined that the problem condition was through no fault of the guest, your refund will be the difference between the total amount paid and the number of nights the cabin could not be occupied.

2. If it is determined that the problem condition is through the fault of the guest, your refund, if any, will be determined after all damage costs have been paid including any credit card fees (if applicable). An itemized list/invoice will be provided showing damages and costs. We reserve the right to use security deposits made or credit cards on file to pay for such damages.

CHECK-INS / CHECK-OUTS:

After final payment is made, we will provide an emailed welcome package to you a few days before check-in containing the front door keyless entry lock. Other needed information related to your stay will be included in this package as well. Check-in time is 4:00pm (Eastern Standard Time). Unless special arrangements are made in advance with the property manager, please do not arrive earlier than this time as it will affect the housekeeping staff in preparing the cabin for your arrival. Check-out time is 10:00am (Eastern Standard Time) and strictly enforced. You will be charged an additional late departure fee if the cabin is not vacated by this time. Please be aware that due to the busy schedules of our housekeepers the cabin must be available for cleaning by this check-out time. There will be no exceptions.

DAMAGE WAIVER:

A Damage Waiver will be charged and is designed to cover accidental damage up to $300.00 (in labor and materials) such as stained sheets, torn quilt tops, gouged walls, broken dishes or minor scratches on furniture. Accidental damage costs exceeding the $300.00 waiver coverage must be paid by the guest. Negligent or willful damage is not covered by the waiver. The individual who booked the rental is responsible for prompt reimbursement of any and all repair or replacement costs. If reimbursement is not made within 15 days of notification, legal action may be filed in Sevier County General Sessions Court. Damage to the property by guests will be charged according to the cost of repairs and we will provide you with a copy of the receipt.

HOT TUB AND JETTED JACUZZI:
Guest and Guest’s Party Uses Hot Tub and Jetted Jacuzzi at Your Own Risk

Prior to your arrival at the cabin, the hot tub was drained, cleaned, sanitized, refilled with water and chemicals were added to prepare the hot tub for your use.

Using any hot tub/jetted tub/swim spa/pool (no matter who owns it or where it is located) carries with it some serious risks. If your party fails to follow any of the rules we have set forth below, someone in your party could have an allergic reaction, become seriously ill, injured or die. For your own safety and the safety of everyone in your party, it is very important that you, the booking guest, follow and make sure everyone in your party is aware of and follows these rules.

• For Your Safety -

1.   Solo Use: Never use the hot tub or jetted Jacuzzi alone.
   

2.   Children: Children should be supervised by an adult at all times when using the hot tub or jetted Jacuzzi. Children under 5 years of age may not use the hot tub or jetted Jacuzzi.
   

3.   Chemical Dispenser: Never remove the floating chemical dispenser from the hot tub. Dispenser must stay in hot tub at all times in order to promote sanitary conditions. If the floater is empty or low, notify the owner immediately so it can be refilled.
   

4.   Medical Conditions: People with allergies to bromine water treatment chemicals or have the following medical conditions or susceptibilities must not use the hot tub:
   

a. Persons using any medication for, or anyone with a medical condition including, but not limited to, obesity, heart disease, low or high blood pressure, thyroid disease, multiple sclerosis, diabetes or circulatory system problems unless the person’s treating physician has advised the person that hot tub/jetted tub/swim spa use will be safe. b. Pregnant women and women who may possibly be pregnant. Hot water temperatures have a high potential for causing harm to the fetus during the early months of pregnancy. c. Individuals who have or may have suppressed or weak immune systems. d. Since infection spreads rapidly in hot water do not use hot tub or jetted Jacuzzi if you have open wounds or infections of any kind.

5.   Contact Lenses: Remove contact lenses before entering the hot tub or jetted Jacuzzi.
   

6.   Limited Usage: Always exit the hot tub after 15 minutes of use to give your body temperature time to normalize.
   

7.   Storms: Never use the hot tub during a thunderstorm.
   

8.   No Alcohol or Drugs: The use of alcohol or drugs in or around the hot tub or jetted Jacuzzi is extremely dangerous.  The combination of the hot tub or jetted Jacuzzi and intoxicants may lead to unconsciousness and the possibility of drowning.
   

9. Temperature: Never adjust the temperature of the water in the hot tub above 102 degrees. Check water temperatures before entering. It should never exceed 102 degrees. Lower water temperatures are recommended for children.

10. Hyperthermia: Any heated water use can result in Hyperthermia (heat stroke), a dangerous condition brought about by excessive heat. The symptoms include: sweating, dizziness, nausea, light-headedness, convulsions, increased pulse rate, shallow breathing, and possible unconsciousness. If you suspect hyperthermia, get medical help immediately.

11. Submersion: Never allow your head to submerge in the hot tub. Long hair can become lodged in the intake of hot tub or jetted Jacuzzi.

12. Slip & Fall: Be careful not to slip when entering, leaving or using the hot tub or jetted Jacuzzi. The surrounding area may be moist or wet. Please place the provided towels on the surrounding floor to step onto.

13. Cover & Hold Down Strap: The hot tub must always be covered and secured to secured with the hold down strap connected to the deck when not in use. This is for the safety of your family and any children in the area. Never let anyone of any age sit or stand on cover - it will not support a person's weight. A $350.00 charge will result from breakage.

14. No Electrical Appliances: Do not bring any electrical appliance, such as a light, telephone, radio or television near the hot tub or jetted Jacuzzi.

15. Foreign Material: NEVER USE ANY SOAPS, OILS or FRAGRANCE OF ANY TYPE or INTRODUCE ANY OTHER FOREIGN MATERIALS IN THE HOT TUB. This could cause damage to the equipment and affect the chemical balance of the hot tub and cause a dangerous situation.

16. Jewelry & Fabrics: Discoloration of certain fabrics may occur in hot tub or jetted Jacuzzi. Jewelry should never be worn. Permanent damage to jewelry can occur. Bathing suits should not be worn for extended periods after use of hot tub or jetted Jacuzzi due to the possibility of skin irritation or infections.

17. Office Notification of Problems or Concerns: If there are any problems with the hot tub or jetted Jacuzzi, including but not limited to any mechanical, electrical, chemical or water quality concerns, please call the owner immediately and do not enter the hot tub or jetted Jacuzzi until it has been serviced.

18. No Guarantee: The owners cannot guarantee, especially after use, that all bacteria will be completely eliminated by the hot tub chemicals. Should you have any concerns relating to cleanliness please contact the owner

REPAIRS & SERVICE CALLS:

We take great pride in providing and maintaining a quality cabin. We perform regular maintenance and inventory checks after each guest departs and strive to keep everything in good working order. It is impossible, however, to guarantee that the appliances, fireplace, hot tub and Jacuzzi tub, etc. will work all the time. We will make every effort to handle any problems that may arise during your stay as quickly as possible. For emergency repairs, please contact the owner. For all other non-emergency repairs, please let us know by email or phone so we can schedule the repair during normal business hours. No refunds will be made for mechanical failures of any appliance/electronics or interruption of utilities including internet, telephone or the satellite TV system.

DESTINY DEN

GUEST RENTAL AGREEMENT ACCEPTANCE

I AGREE THAT THE OWNER OF THIS PROPERTY IS NOT HELD RESPONSIBLE AGAINST ANY LIABILITY FOR PERSONAL INJURY OR PROPERTY DAMAGE BY ANY PERSON (INCLUDING GUESTS OF TENANT/RENTER) AS A RESULT OF ANY CAUSE. ON RARE OCCASIONS, TENANTS AGREE TO ALLOW ACCESS DURING REASONABLE HOURS BY OWNER OR OWNER’S REPRESENTATIVES TO MAKE NECESSARY REPAIRS, ALTERATIONS, OR IMPROVEMENTS DEEMED APPROPRIATE BY THE OWNER. TENANTS CANNOT SUBLET THIS PROPERTY IN WHOLE/OR PART WITHOUT WRITTEN APPROVAL OF THE OWNER.

I AGREE THAT THE OWNER OF THIS PROPERTY WILL NOT BE HELD RESPONSIBLE FOR LOST, MISPLACED OR STOLEN PERSONAL ITEMS OF ANY KIND THROUGHOUT MY STAY.

I AGREE THAT I AM RESPONSIBLE FOR MAKING EVERYONE IN MY PARTY FOLLOW ALL OF THE RULES SET FORTH IN THIS RENTAL AGREEMENT.

I AGREE THAT I AM RESPONSIBLE FOR SEEING THAT ONLY THE GUESTS REGISTERED TO STAY IN THIS RENTAL PROPERTY WILL USE THE HOT TUB OR JETTED JACUZZI.

I AGREE THAT IF ANYONE IN MY PARTY (MYSELF INCLUDED) IS INJURED WHILE USING THE HOT TUB OR JETTED JACUZZI BECAUSE I DID NOT COMPLY WITH ALL OF THE TERMS OF THIS AGREEMENT, THAT I WILL INDEMNIFY AND HOLD HARMLESS THE OWNERS AGAINST ALL LOSSES, DAMAGES, EXPENSES AND PENALTIES SHOULD ANYONE IN MY PARTY BRING ANY KIND OF A LEGAL CLAIM AGAINST THE PROPERTY OWNERS.

I AGREE THAT I WILL RESPECT THE PROPERTY I AM RENTING AND THAT THE OTHER GUESTS IN MY GROUP WILL DO THE SAME.

I AGREE THAT I WILL BE FULLY RESPONSIBLE FOR THE COST OF ANY DAMAGE CAUSED BY ME OR ANYONE IN MY GROUP THAT MAY HAVE OCCURED DURING MY STAY.

I AGREE IF I OR ANYONE ELSE CAUSES AN EXCESSIVE CLEANING CONDITION IN OR OUTSIDE THIS PROPERTY, I WILL BE HELD ACCOUNTABLE FOR ADDITIONAL CLEANING CHARGES.

I CERTIFY THAT I AM AT LEAST 21 YEARS OF AGE.

THIS AGREEMENT IS CONSIDERED ACCEPTED UPON A PAID RESERVATION OF THE PROPERTY. I HAVE READ, UNDERSTAND AND ACCEPT ALL OF THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT.