GUEST LODGING AGREEMENT/HOUSE RULES managed by
YOUR SMOKY MOUNTAIN VACATION RENTAL
IT IS IMPORTANT TO READ ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT AND CHECK FOR ACCURACY. IF THERE ARE ANY ERRORS OR QUESTIONS, PLEASE CALL US IMMEDIATELY. YOUR SILENCE DENOTES ACCEPTANCE.
ANY PROBLEMS, QUESTIONS OR CONCERNS SHOULD BE DIRECTED TO THE MANAGEMENT COMPANY BEFORE BOOKING, OR AT THE TIME OF ENTERING AND INSPECTING YOUR RENTAL WITHIN 6 HOURS. IT IS RECOMMENDED THAT GUESTSOBTAIN TRAVEL AND DAMAGE INSURANCE.
To complete your reservation, we must have the following within 24 hours otherwise it may be cancelled. Please reply with your personal email address and the names of your guests.
We will send you a link to sign the terms and conditions (House Rules), and will ask for your credit card # for the refundable $400.00 security deposit hold, (which will be held 2 days before arrival).
Please note that even though you booked through an OTA, (overnight travel agency), we are your hosts, and are responsible for the listings we manage, so we do our due diligence to protect the properties for our owners.
Our communications will be from YSMVRinfo@gmail.com. Please make sure these do not go into your spam folder.
Check-ins begin after 4:00 p.m. (EST), with a guaranteed check-in time of 6:00 p.m. (EST). This is only necessary due to the extra cleaning time needed due to the virus. We are sorry if this creates any hardships, but it cannot be helped. We reserve the right to move you to another suite if we have any mechanical malfunctions or double bookings.
Additional Items You Will Need After Arriving
We DO NOT supply pool towels. You are provided with an INITIAL SUPPLY of paper products, enough until you can get to a nearby store. We supply hand soap, body soap, dish soap, dishwasher soap, toilet paper, paper towels, salt and pepper, some spices, and trash bags. You will most likely need more depending on your length of stay and number of guests in your group.
Short-Term Lease Agreement
The Manager agrees to lease the Premises to Guest for the term specified and, on the terms, and conditions set forth herein. This short-term lease agreement ("Lease") is entered into by the Guest (“Guest”) and Your Smoky Mountain Vacation Rental ("Manager") as manager of the rental property ("Premises"). It is expressly acknowledged and agreed by the parties hereto that the Premises are being leased on a short-term basis as a vacation rental.
If we find we have a double booking (two groups of guests wanting the same suites/homes on the same dates) we will immediately do everything in our power to make it work for everyone. However, cyberspace isn’t always as fast as we want it to be and they do happen. We cannot be held responsible and will make every effort to take care of you.
Please observe the 10:00pm to 10:00am quiet time if you are in a suite.
All properties must be vacated no later than 10:00 a.m. (EST). All late checkouts are subject to a $100.00 late fee per hour. Please follow the Check-out provided in the back out of your Welcome Book or the email with your check-out reminder. You understand that additional fees will be imposed if the suite is found in an unsatisfactory condition, you are agreeing to return it to the condition in which you found it!
Guest agrees that the Premises are to be used and occupied by Guest as a private dwelling, and for no other purpose.
This home is intended for the use of registered guests only. Please make sure you have accurately stated the name and number of guests in your party. If these are not provided in advance your reservation is subject to cancellation. Occupancy violations, guests not listed on your reservation, or "parties'' will not be tolerated and will be subject to your immediate eviction (with no refunds). Tennessee law TCA SECP 62-7-107 provides that procuring accommodations under false pretenses is a crime punishable by fines up to $500.00 and/or imprisonment of up to 90 days. Any violation will be subject to additional charges.
Suites are checked and inventoried before and after your stay. Guests are financially responsible for all damages, lost inventory, and excessive housekeeping. If you get home and happen to find something that belongs to the suite, please message us immediately. We know life happens.
In the event a guest allows an animal of any kind on the Premises, Guest will be assessed an additional non-refundable fee of $500.00 and will be subject to immediate eviction. Guests who can bring a pet to a pet-friendly must fill out and agree to Fur-Baby Agreement and pay a $75.00 nonrefundable pet fee. If a service animal is not pre-approved with the appropriate paperwork in advance there will be a $500.00 service charge.
Insects and Animals
You are in the mountains and may encounter creepy crawlies! Rentals are treated the 1st week of every month, interior and exterior. If you have a reservation at that time, please understand that a property representative and exterminator will enter to treat. We use preventative measures, pillow, box spring and mattress protectors, cleaning all linens in the hottest possible environment, powdering, traps and spraying to prevent bed bugs, cock roaches and other pests. Cock roaches can be brought in with luggage, boxes and food. Guests can easily pick up bed bugs from seating at dinner shows, theatres, dressing rooms, busses, and other overnight lodging. You are in the mountains are there are bound to be all kinds of bugs if you cannot stand creepy crawlies this may not be the place for you.
Bears DO KNOW how to open car doors. DO NOT leave food in your vehicle, and keep the doors locked. DO NOT FEED THE BEARS. Many have been euthanized because humans have fed them.
It is hereby understood and agreed that should this property be made unavailable by fire, storm, sale of property or transfer, closing due to pandemic, major system failure, (this does not include internet), or any other reason beyond the control of the Manager the limit of liability of this suite or home is to refund any prepaid rents paid by the registered guest. That does not mean that 100% of all money will be returned. Amenities are subject to change. The Manager of the suites and homes accepts no responsibility or liability for any injury, accident or incident that may incur in part or wholly attributed to the guest’s error. It is recommended that guests obtain travel and damage insurance. Guest understands and agrees that the properties are not child proofed and it is the sole responsibility of the guest to safeguard children.
Escrowed Funds Release
Pursuant to the provisions of the Tennessee Code Annotated, Title 47, Chapter 18 and
Title 62, Chapter 13, Section 62-13-104(b)(3), Subdivision (D)(i), Your Smoky Mountain
Vacation Rental advises: All advance rent deposits, damage fees, taxes, and balance of Rents due are deposited into a bank rental operating account. These deposits are considered earned income and upon receipt may be used immediately.
Maintenance and After-Hours Emergency Calls
It is expected that systems could potentially break or be disrupted from time to time. Manager will attempt, during normal business hours, to repair the problem as soon as possible. Manager assumes no liability to Guest if such should occur, as all products have a useful life and break down occasionally. In the event a maintenance call is needed, the Manager reserves the right to access the property at any time. We will attempt to notify you should we need to do so, but if we are unable to reach you, we reserve the right to enter the property. No refunds or discounts will be given if we are unable to remedy the situation during your stay.
Damage to Premises
Any damages or issues found by the guest must be reported within 6 hours of check-in time. By renting and staying in the Premises, you are accepting full responsibility for all damages, defacement, and/or stolen items, except for normal wear and tear. All damages will be the responsibility of the reserving party and their credit card; as such, their credit card will be charged and/or security deposit withheld for any violations. Any excessive cleaning required will also be billed to Guest. This includes the damaging of linens from makeup, vomit, feces, or other unknown stains. Guest shall be liable for the full cost of replacement or repair, at Managers discretion, for any lost, missing, or damaged items of furnishings or equipment. Guest agrees to pay the minimum hourly expense of $100 per hour, per employee, in addition to the cost of materials. Guest agrees to pay the nightly rate of rental and relocation of incoming guests if rental is unavailable due to repairs caused by guest. Your Smoky Mountain Vacation Rental retains the exclusive and sole right to determine the cost of the value lost as the result of all damages. Manager shall have the right to proceed against Guest to recover sums for excessive cleaning, painting, or repairs to the Premises or replacement of lost or missing items for which Guest is responsible, together with any reasonable attorney's fees as provided by law.
Guest agrees to follow the check out instructions listed in the back of their Welcome Book, or the night before check-out email.
Under no circumstances should Guest ever disconnect electronics or any other technical equipment in the property. Do not adjust, attempt to rewire, connect, or disconnect any items that are in place upon arrival. In the event a system is upset or damaged during a stay, Guest will be 100% responsible for any technician calls and service charges incurred by Guest.
~All televisions are checked prior to your arrival to be in working order, do not unplug or move.
~DO NOT turn the cooling unit below 71degrees, it may freeze up and you will be responsible for all costs to replace it.
~Fireplaces are closed April through Sept. Do not put ANYTHING into the log set.
~Do not turn the fridge or freezer up to “COLDEST”
Tennessee weather is difficult to predict. For example, if you are a winter guest, on occasion, snow and/or ice may temporarily make driving hazardous or impossible and chains and/or 4-wheel drive are recommended. While staying in Gatlinburg, if it is snowing or icing, we recommend staying in until roads have been cleared. Power or other utility outages are infrequent but possible. We do our best to make guests comfortable during any weather-related emergencies.
Restricted and Unlawful Activity
No smoking is allowed in the property. Guests who violate this provision will be assessed an additional non-refundable deodorizing/ozone fee and cleaning fee up to $500.00 and may also be subject to immediate eviction pursuant to Manager’s eviction policy set forth herein. Tampering or removing of any smoke detectors, carbon monoxide detectors, or any associated alarms located in or around the Premises will result in the Guest being charged a non-refundable, non-disputable fire safety violation fee of $1,000.00. No fireworks may be stored or discharged on the Premises at any time. Under no circumstances shall any illegal drugs or illegal activities be allowed on the Premises. Guest understands that possession and use of any such substance, or engaging in such activity, is grounds for immediate eviction and forfeiture of payment.
Guests and their guests agree to adhere to local laws, rules, and regulations, to not disturb the peace, to keep the property in a clean and sanitary condition. Guests are subject to immediate non-judicial eviction from the rental for the following reasons:
(1) Smoking anywhere inside Premises.
Pets on the rental property without proper paperwork
Violation of the illegal drug or activity provision.
Guests under the age of 21 years who are not related to Guest.
Complaints of noise, loud music, foul language, or otherwise disturbing of the peace.
Violation of any fire safety policy.
Destruction and/or damage of the Premises.
Failing to vacate the Premises by agreed date and time; or
For any reason the Manager or their Agent deems appropriate in order to maintain the safety and security of the Premises and surrounding areas. The entire amount of rent and security/damage deposit will be forfeited for violation of any of the foregoing reasons, regardless of whether Guest is evicted.
Guest agrees that all personal property on the Premises shall be at the risk of Guest except as provided by Tennessee State Law. Manager shall not be liable in any manner for loss due to theft or damage sustained by fire or water, however caused, or by any other cause to Guest’s personal property. Guest shall be responsible for the cost of repairing the Premises and/or any property that is damaged during Guest's occupancy of the Premises. Except as provided by Tennessee State Law, Manager shall not be liable for claims, demands, causes of action, judgments, attorney's fees, costs, and expenses arising from or connected with Guest’s use or occupancy of the Premises or that Premises adjacent thereto; or claims, demands, causes of action, judgments, attorney's fees, costs and expenses for property damage, bodily injuries or death suffered or caused in or about said Premises or the Premises adjacent thereto, resulting directly or indirectly from the acts or neglect of Guest.
Additionally, Manager shall not be liable for items left behind in the Premises after Guest’s stay.
Guest agrees to settle any disputes and/or legal complaints arising under or related to this contractual agreement, through the process of arbitration. Guest agrees to waive the right to sue, participate in class-action lawsuits, and appeal. Furthermore, Guest agrees to pay all costs, expenses, and attorney's fees, as allowed by law, expended or incurred by Manager or Agent by reason of any default or breach by Guest of any of the terms of this Lease.
Guest agrees with the original cancellation policy that was in force at the time of making the reservation through the OTA minus a minimum $50.00 cancellation fee.
We try extremely hard to make our rentals clean, safe and comfortable, and there are some situations beyond our control. We are unable to control the law, or the weather, and we clearly list the location of all rentals so that the guests know in advance exactly where they are staying. We feel between the descriptions in the listings, the maps and the HOUSE RULES there should be no surprises for the guests. All photos and maps are up to date. Any problems or concerns that you may have are to be discussed within 6 hours of check-in, not after your departure and in a review. If you give us anything less than 5 stars and have not discussed with us your concerns, you agree to having the review removed.