TERMS & CONDITIONS
A completed “Vacation Rental Agreement” is required within 24-hours to hold your reservation. The Rental Deposit is due upon receipt. Review and acceptance of the The Everly at Osborn Rental Terms & Conditions which is made part of this rental agreement is required before a confirmation will be issued.
Rates are quoted on a per hour, per night, or per week basis as noted. Unless specified, check-in time is after 3:00 p.m., and checkout by 10:00 a.m. on the day of departure. Charges vary and are subject to change without notice.
ADDITIONAL CHARGES (NOT included in rate):
Rates do NOT include daily maid service (unless noted), gratuities, out-of-country long-distance phone charges, car rental, food, liquor, laundry, personal items, excessive cleaning upon departure (i.e. upholstery or rug shampooing, etc.).
RESERVATIONS AND PAYMENTS:
Payment of the applicable 50% Rental Deposit amount together with a completed Guest Reservation Application must be received and approved by The Everly at Osborn Rental before a confirmation will be issued. No grace period will apply. Final payment, consisting of the remaining balance, must be received by The Everly at Osborn Rental at least fourteen (14) days prior to guest arrival (or immediately if booked less than fourteen (14) days in advance of guest arrival). Failure to make final payments on a timely basis will make reservations subject to automatic cancelation. NO SMOKING – Smoking is not allowed in our cabin. Smoking is not allowed outside by any open window/door. Smoking is permitted on balconies as long as the doors and windows are closed. Please respect our policy on this. The wood logs and walls in the cabins are softwood and readily absorb smoke odors. If you or your guests do choose to smoke inside the cabin, you will be responsible for any expenses incurred in removing the smoke odor from the cabin. PET POLICIES – No pets.
CONDITION OF RENTAL:
The property shall be in the same condition upon departure as at check-in. Normal wear and tear excepted. Owner or its agents may enter the property at reasonable times to make repairs or provide maid service. Guests may cook in areas specifically designated for cooking. Guest must immediately notify The Everly at Osborn Rental or agent of fire or other damage to property. Guest shall be liable for all acts of the family, invitees, employees, or other persons invited onto the property. Guest may not sublet or assign this rental agreement. Guests shall be responsible to return all keys upon departure. Guest shall abide by the House Rules of the Owner, Property Manager, Homeowner Association, and/or the Booking Agent as provided to Guest. Guests shall not bring any pets onto the property. Guests will not smoke indoors. No parties shall be allowed without prior consent. Additional charges may apply. No catering or outside music permitted without prior consent, additional charges may apply. Guest understands that there are certain inherent risks to person and property located adjacent to the mountains, rivers, and streams, including the possibility of drowning or injury. Guest acknowledges that the owner would not rent the property unless the Guest accepted this condition.
DAMAGE WAIVER PROTECTION:
Damage Waiver is non-refundable – All reservations require guests to purchase a $55.00 Damage Waiver which covers unintentional damages of up to $1,500.00 to the rental unit interior, exterior or surrounding property that may occur during your stay. Damages must be reported to The Everly at Osborn Rental prior to check-out. Any intentional damages or unintentional damages that exceed $1,500.00 will be charged to the credit card on file. Damage Waiver does not cover damages that are done with full intention to cause damage to the property or a result of gross negligence or replacement costs for theft by you or your guests. Any non-covered repairs or replacement costs will be charged directly to the guest’s credit card on file.
LIMITATION OF LIABILITY:
Under no circumstances shall The Everly at Osborn Rental be responsible for any loss, expense, damages, claims or injury direct, indirect, consequential, or otherwise whatsoever, howsoever caused or incurred whether arising in contract or otherwise in law or equity as a result of rendering of the services or accommodations as described or substituted and including, without restricting the generality of the foregoing as a result of any delay(s), substitution(s), rescheduling(s) or change(s) in the provision of services or land accommodations by The Everly at Osborn Rental or by reason of military actions, revolution or acts of God, government agencies, or unforeseen circumstances or events, by any agents, owners, employees, subcontractors, servants or services as substituted. The Everly at Osborn Rental will not be liable under any circumstances to refund any unused portion of booked accommodations or services. Some activities in which guests engage are especially dangerous and include horseback riding, kayaking, boating, golfing, swimming, fishing, hiking, and biking. This list is not all-inclusive but indicates some of the hazards of vacationing in the Golden Triangle Area. Guests may also encounter the following risks: slippery floors and stairs, especially when wet, lanais with spaces between rails (dangerous for little children), unfenced pools and hot tubs, faulty electrical or plumbing systems, gas BBQ grills, clean/clear sliding glass doors, and dangerous stairs or pathways, Therefore, each guest agrees that he/she is voluntarily participating in any and all activities, risks, and use of the accommodations, and hereby assumes all risk of injury, illness, damage or loss to person and property that might result, including, without limitation, any loss or theft of personal property. By booking this rental, you acknowledge that in all events and circumstances,The Everly at Osborn Rental, its officers and employees shall not be liable. The Everly at Osborn Rental reserves the right to cancel or rescind any rental agreement if it is found that the guests are conducting unlawful activities, not abiding by the Home Owners Association House Rules, disturbing others by playing loud music, percussion, audio or instruments, or cause any loud or offensive noises, have made any misrepresentations about the nature or size of the group or use of the group or the use of the property or any other misrepresentations or any other way in breach of the rental agreement.
HOLDOVER, ABANDONED POSSESSIONS, AND SERVICE OF NOTICES:
If you stay in the unit, without written permission, after the Rental Agreement has ended, you will be a holdover tenant and may be liable for twice rent under the Rental Agreement on a prorated daily basis for each day you are a holdover tenant. If you leave any personal property, which we determine to be of value, you must contact us by emailing a notice. After 20 days after departure, we may advertise the items for sale or donate them to a charitable organization. If we have to give any notice to you, we can serve it to any occupant. By serving one of you, we have given notice to all of you. If we cannot deliver a notice to you, we may post the notice in a conspicuous place in or on the unit.
You understand that our insurance does not cover your belongings or damage that you cause. You agree that we are not responsible for any loss or damage during the term of the rental agreement. You agree to carry insurance covering all of your personal property located in the unit or bear full responsibility for its damage including damage from fire, water, theft, or any cause.
CHANGES TO A BOOKING:
An additional $25.00 administrative fee may be charged by The Everly at Osborn Rental for any change to a booking after a Confirmation has been issued. Acceptance of any change is subject to approval by The Everly at Osborn Rental.
Cancellation of booking at any time after Confirmation has been issued may result in forfeiture of deposit(s). You may cancel up to 2 weeks prior to check-in with full refund, subject to the deduction equal to 15% of deposit(s) paid. Cancellation within the 14-day period prior to check-in may result in forfeiture of the entire rental amount. It may be possible to reschedule your stay for a date of up to 90 days of your arrival date with sufficient advance notice. To protect against cancellations caused by certain unforeseen events, such as illness, death, natural disasters, etc., we recommend that guests purchase trip cancellation and Interruption Protection insurance to assure refund of deposits paid and reimbursement of other vacation payments. Such insurance is available through travel agents, auto clubs such as AAA, or online at http://www.rentalguardian.com/ or http://www.csatravelprotection.com/
Refund of monies paid for rental and services will be made under the following circumstances: (1) If, on the day that the rental is scheduled to begin, the property is unfit for habitation and no equivalent substitute can be obtained, or the property is not reachable by the usual means of transportation, or access to the property by visitors has been prohibited by authorities; or (2) The vacation rental is re-booked for the same time period and at the same rate of initial booking. If a portion of the rental time is re-booked, a pro-rata refund will be made. All refunds, whether in whole or pro-rata, will be subject to the deduction equal to 15% of deposit(s) paid. If there is a problem with the cabin that you reserved we will attempt to put it in working order as soon as possible. If we can’t repair the problem we will then assist you to another cabin, if available. Notify the office as soon as possible if a problem exists so that your stay will not be interrupted. In the event repairs must be made during your visit you give us permission to enter the property to make such repairs. We will attempt to make your stay as comfortable as we possibly can. However, please understand that many repair companies are closed weekends and holidays therefore it might take longer than anticipated to make such repairs.
CATASTROPHIC EVENTS & EMERGENCY EVACUATIONS:
If a catastrophe (hurricane, tornado, earthquake, flood, snow/ice, etc.) or any situation simply beyond our control impairs the vacation rental, The Everly at Osborn Rental is not responsible for finding alternate lodging for the renter or for the renter’s financial losses related to transportation or alternate lodging. There will be NO REFUNDS OR CREDITS FOR EMERGENCY EVACUATIONS. Whether you own property, run a business, or rent a cabin in Tennessee, the threat of a hurricane, flood, or snow & ice is always present during certain months of the year, and we all assume this risk. There will be no refunds of any kind for evacuations.
I/we, the undersigned, hereby apply for the above-listed accommodation and warrant that I/we have read, understand, and agree to the terms and conditions of this application, and I/we agree to abide by homeowners/agents/association restrictions on the use of the said property. I/we further understand and represent that I/we are executing this application on behalf of all parties named on the guest list.
CREDIT CARD AUTHORIZATION – I understand and consent to the use of the credit card provided without original signature on the charge slip, that an email of this agreement will serve as an original, and that this Credit Card Authorization cannot be revoked and will not terminate until 90 days after the rental is vacated. Additional charges may include unauthorized long-distance telephone and satellite TV charges; excessive cleaning fees; damages beyond normal wear and tear. All charges not covered under the Damage Protection Insurance may be included.
– INITIAL RENTAL CHARGES WILL NOT BE CHARGED TO THE CARD UNLESS PREVIOUSLY AGREED.-
Per Page 1 of this Agreement, it is hereby agreed that unpaid rent, excessive cleaning, damage, lost keys or lock-outs may be charged to this card if necessary.
[ ] I agree that this is a legally binding document and I have read all terms and conditions in this document.
Guest Printed Name
Please sign to Accept the Above Terms and Confirm your Reservation.