As a Guest interested in the Property for your vacation, you are now entering into an Agreement on the terms and conditions set out below.
This agreement witnesses that, in consideration of the premises, agreements and covenants below, Mountain Vista Cabins and the Guest agree as follows:
The Guest agrees that the Guest is paying Mountain Vista Cabins for the use of the property, and that Mountain Vista Cabins incurs no liability whatsoever. Guest(s) understands that Mountain Vista Cabins will rent to primary renter who is a responsible adult over the age of 21 only.
Taxes , Deposits, and other Fees
There is a $15 per night fee for one pet/$10 for a second pet with a maximum of two pets. There is an additional charge of $10 (per person per night fee) for each and every occupant over the stated occupancy rates. (Please see Guest Conduct below). Children under two years of age stay free.
All reservations are subject to a $100 damage deposit regardless of length of stay. The damage deposit may be retained and applied against any and all damage and loss to the Property (other than normal wear and tear), excessive cleaning costs, and any other amount owing by the Guest under this Guest Agreement.
The retention of the damage deposit herein is without prejudice to Mountain Vista Cabin’s right to claim from the Guest any amount in excess of the damage deposit. The Guest does hereby authorize Mountain Vista Cabins to charge any excess damage or costs referred herein to any Guest’s credit card, the particulars of such card having been provided to Mountain Vista Cabins. Mountain Vista Cabins will return the damage deposit, minus any deductions to the Guest.
If Guests depart prior to confirmed departure date, Guests will be responsible for all of the original nights booked. All cancellations must be received in writing and are subject to the following penalties. If over 60 days before arrival date you will be charged a $100 administration fee. If 60 days to 31 days before arrival date you will be charged 25% of rental amount paid. If 30 or fewer days prior to the arrival date, regardless of the reason, you will be charged for the entire reservation.(The only exception that can be made is if we successfully rebook your reservation in its entirety).
The Guest will act in a proper and reasonable manner while staying at the Property and will ensure the Property and all contents and chattels used by the Guest are used in a manner to avoid any damage, reasonable wear and tear permitted, and will make all reasonable efforts to preserve and protect the Property and Chattels and will not create a nuisance to occupants of any neighboring Property.
The Guest will ensure that members of the Guest’s party and the Guest’s invitees act in accordance with the terms of the Guest Agreement and otherwise comply with the obligations of the Guests. The Guest is responsible for the acts of members of the Guest’s party and of the Guest’s invitees.
The Guest will vacate the Property at the 10:00 (am) checkout time and note that there is a 4:00 (pm) or later check-in time.
Only those adults who have been listed in the Guest Application may stay overnight at the Property. Charges for additional persons apply. Unless previously agreed, if an additional person over the agreed number of occupants stays overnight at the Property, an additional charge of $50 per guest per night will be levied. Guests may not camp, tent or place auxiliary facilities on the Property. The Guest may not sublet all or a portion of the Property nor assign this Guest Agreement.
Mountain Vista Cabins or its agents, may ask a Guest, or the Guest Party to leave if, in the reasonable opinion of Mountain Vista Cabins or its agents, the behavior of the Guest or any member of the Guest’s Party is unreasonable, or if the Guest breaches this Guest Agreement, whereupon the use will terminate and the Guest will not be entitled to any refund.
Use or storage of contraband or illegal substances on the property will result in immediate eviction and notification of the appropriate authorities.
This area is vulnerable to forest fires. Use extreme caution with fireplace ashes, fires, and smoking materials. Please use outside ash bucket near BBQ to dispose of ashes. Never spray water into the fireplace. No fireworks. A fire could be disastrous. Please do not leave the cabin while fireplace is burning.
Use of Grill
If you use the charcoal grill, we ask that you scrape and remove ashes and place into the pail provided near the grill area. When completely cooled, place the ashes in with the rest of your trash.
Absolutely no Fireworks. Trees and fireworks just don't mix. We are surrounded by a beautiful lush green forest and we would like it to stay that way.
We drain, scrub, sanitize and re-fill the hot tub with fresh water for every new reservation. To keep the water clear, guests should always shower before using the tub andnever use lotions, oils etc. prior to entering the tub.
Remember that there are associated health risks involved with the use of a hot tub. Consult a physician if you have questions or concerns before the use of a hot tub. Physicians strongly discourage pregnant women from using a hot tub.
Guests will not sit, or stand on the hot tub cover. Hot tub covers are for insulation purposes and are not designed to support a person or persons. Guests will keep the hot tub cover on when not in use so it will stay warm and clean.
Hot Tub safety - Guest(s) with heart disease, diabetes, high or low blood pressure or any serious illness, and pregnant women should not enter the hot tub without prior consultation with their physician. People with skin, ear, genital or other body infections, open sores or wounds, should not use the hot tub due to the possibility of spreading infection. Shower with soap and water before and after using the hot tub. Do not allow the hot tub’s water temperature to exceed 102 degrees Fahrenheit (40 degrees Celsius). Do not soak for more than 15 minutes at one sitting in 102 degree Fahrenheit (40 degree Celsius) water. Do not use the hot tub alone or while consuming alcoholic beverages or during/after using over-the-counter or prescribed medications that may cause sleepiness, drowsiness, or raise or lower blood pressure.
Do not use the hot tub while under the influence of medication or immediately after consuming a heavy meal. Enter the hot tub slowly and cautiously as it may be slippery.
Children under the age of 12 are prohibited from using the hot tub unless accompanied and supervised by their legal guardian. Guest(s) should not tamper with hot tub support equipment, dive or jump into the hot tub, totally submerge under the water surface, or allow foreign matter of any kind in the hot tub at any time.
Children: Children should be supervised by an adult at all times when using the hot tub. Children under 5 years of age may not use the hot tub.
Smoking – No Smoking
Smoking is allowed outside only. Discard the butts and ashes in the outside garbage. Do not throw butts on the ground. If there is any tobacco smell in the cabin after your departure, there will be a $250 charge as well as any additional associated costs which could include carpet cleaning, dry cleaning, and loss of rental income.
House Parties – Are not Allowed
Guest Conduct/Condition of Cabin: Check-out Requirements Guest(s) agrees to leave the cabin very close to the same condition in which it was found. Dishes should be cleaned and put away but beds do not need to be made. Cleaning crew will dust, vacuum, sanitize, and clean all towels and linens upon guest’s departure. If additional cleaning is required, appropriate charges will be deducted from the security deposit (see check-out procedures below)
Check Out Procedures
Dishes, pots, pans, silverware and all kitchen utensils must be washed, dried and put away. Stove/oven should be left in clean condition. Pet hair vacuumed from floors and no pet hair on any furniture. Windows and doors closed/locked. Air conditioner left on 78 degrees in summer/heat on 60 degrees in winter Trash placed in bags in outside trashcans. The above does not pertain to linens and towels. These can either be left in place to be stripped from the beds, or can be left in a pile near the washer for the cleaning crew.
Mountain Vista Cabins and/or its agents accept no responsibility or liability for loss of personal items while staying in the property, or after departure. It is understood that parents will, at all times, supervise children when using any facilities or while on the property. From time to time, appliances, hot tubs, satellite TV, water, electricity, etc. will break down or malfunction. Mountain Vista Cabins and/or its agents accept no responsibility or liability for failure of equipment in the rental property. While we cannot refund any monies due to these issues that may be beyond our control, After notification of equipment failure, Mountain Vista Cabins will do its best to rectify the problem in a reasonable and timely manner. Critters & Wildlife – This area is the mountains and is home to indigenous creatures that guests may not be familiar with. Guests may encounter various types of birds and small mammals like squirrels. Bugs are a part of this natural environment as well. Cabins are professionally treated for pest control on a regular basis, as well as meticulously cleaned. Occasionally a few bugs will make their way inside or guests may find the occasional spider web. This is not evidence of poor cleaning practices. In these rare instances, no refund will be given. Guests should do their part by keeping windows and doors closed and all food and trash inside or in the appropriate outside receptacles. Certain websites allow reviews that are unchecked with regard to reasonable sentiment and even minor unreasonable negative sentiment can unjustly cause damages to owners reputation and future business. We do not participate in reviews from websites that are not owned or controlled by Mountain Vista Cabins and believe the business transaction between all parties should remain private. Therefore, the guest and all invitees thereof acknowledge and accept that all communications related to this transaction shall remain private. Specifically, the renter and invited guests agree not to criticize, make any statement which disparages or post any review on any website unless requested in writing by Mountain Vista Cabins. If any review is posted by Renter or invitee thereof, and found to contain unreasonable negative sentiment in the sole opinion of Mountain Vista Cabins and is not removed within 72 hours (the review), renter agrees that a copy of the rental agreement shall serve as renters full authorization to request and oblige the third party or website hosting site displaying the review to remove it promptly upon request by Mountain Vista Cabins. Failure to remove the review will be considered a breach of this Agreement, and Mountain Vista Cabins will consider this act to have irreparably harmed by loss of business and goodwill due to violation of this provision and will seek damages from guest and additional legal fees necessary. A great deal of care has been taken to ensure the accuracy of information provided. However, some facilities and services may not be open or available due to renovation and maintenance works, adverse weather, or damage by previous guests that we have not had time to remedy before your arrival etc. Mountain Vista Cabins will take steps, wherever possible, to notify guests prior to arrival if a facility or service advertised will not be available during a guest’s stay. Some furniture may also differ to that shown on the website.
The Guest will indemnify and hold harmless, Mountain Vista Cabins, and its agents, from any and all damage, loss, expense, claim, action or liability of any kind whatsoever, or howsoever caused including, without limitation, a claim of any kind by any member of the Guest’s party (including those of minor children), which arises from or relates in any way to the use or occupation of the Property by the Guest, members of the Guest’s party or by invitees of the Guest. The Guest is responsible for any damage of any kind to the Property caused or contributed to by the Guest, members of the Guest’s party or by invitees of the Guest.
Limitations of Claim
If the Guest or any member of the Guest’s party or invitee of the Guest’s party or invitee of the Guest, has a claim of any kind against Mountain Vista Cabins or its agents, with respect to, or arising from this Guest Agreement or the use of the Property, the maximum liability in all circumstances of the Company and the Owner with respect thereto will be the amount of money the Guest has paid under this Agreement.
Interpretation/Rule of Law
The laws of the Sevier County and/or the state of Tennessee, USA shall govern this Guest Agreement; the singular will include the plural. If there is more than one Guest, the covenants, agreements and acknowledgments of each person comprise the Guest. The Agreement and other writing delivered pursuant hereto may be executed in any number of counterparts with same effect as if all parties to this Agreement or such other writing had signed the same document and all counterparts will be construed together and constitute on and the same instrument. Facsimile copies and facsimile signatures will be valid and binding. This Agreement will ensure to the benefit of and be binding upon the respective legal representatives, successors and permitted assigns of the parties. The Guest agrees to use the Property for the period of time for the amounts and other payments set out herein and in the Rental Application on other terms and conditions contained in this Agreement. The adult members of the Guest party who execute this Agreement agree to observe, perform and abide by the obligations of the Guest under this Guest Agreement. The undersigned agrees that they and all their guests will use the Property at their own risk.
Liability Limitation Acknowledgement
Guest warrants, acknowledges, and agrees with Mountain Vista Cabins that I/we will use the cabin, it's property, it's facilities and equipment in accordance with the terms and conditions, the household rules/inventory lists, and the cabin rental application and that I/we do so at my/our own risk and that I/we indemnify, hold, and save, Mountain Vista Cabins and its agents harmless from any personal injury, sickness or death, loss or damages, however caused, to person or property of the guest, his/her respective family, and/or guests, during or after the time of occupancy.
Additionally, I accept full responsibility of the use of the cabin and the surrounding property and any and all equipment, furnishings and agree to pay for any repair or replacement of the fore mentioned cabin equipment beyond normal wear and tear.