TERMS & CONDITIONS
Renters and A&B Mountain Property I, LLC and/or its subsidiaries or affiliates, dba A&B Mountain Properties (“A&B”), are bound to these terms and conditions in their entirety. But, for convenience, a plain-language summary of some pertinent aspects is included here:
• You must be 21 years of age or older to book a reservation.
• Use of the house for any activity other than permitted herein could be grounds for expedited eviction.
• Responsibility for transportation to the property is yours. Get detail and important information about access before booking. Four-wheel drive is highly recommended to access all properties during months where snow, ice, or other freezing conditions is possible. It is your responsibility to be familiar with all aspects that affect your plans.
• Refunds are handled according to our cancellation policy.
• This total document discloses the full policy regarding how reservations are managed and what responsibilities you are accepting when you book one of our properties.
THIS IS A VACATION RENTAL AGREEMENT UNDER THE NORTH CAROLINA VACATION RENTAL ACT. THE RIGHTS AND OBLIGATIONS OF THE PARTIES TO THIS AGREEMENT ARE DEFINED BY LAW AND INCLUDE UNIQUE PROVISIONS PERMITTING THE DISBURSEMENT OF RENT PRIOR TO TENANCY AND EXPEDITED EVICTION OF TENANTS. YOUR SIGNATURE ON THIS AGREEMENT, PAYMENT OF MONEY, OR TAKING POSSESSION OF THE PROPERTY AFTER RECEIPT OF THE AGREEMENT, IS EVIDENCE OF YOUR ACCEPTANCE OF THE AGREEMENT AND YOUR INTENT TO USE THIS PROPERTY FOR A VACATION RENTAL.
1) LIABILITY: A&B is a property management company that owns and manages short-term rental properties. You, the renter, are the paying guest of the homeowner. Neither A&B nor the owner is responsible or liable for any loss of the renter’s personal property or bodily injury or damage of any nature from any cause to the renter (including his or her guests, licensees, or invitees). A&B is also not responsible for skiing conditions, insects, rodents, flies, or other pests, weather conditions, road conditions, power outages, acts of God, criminal activities, economic downturns, political changes, or any other activity, event or condition beyond its control.
2) CHARGES: All reservations must be paid in full at the time of booking (including a security deposit). Your reservation becomes a guaranteed reservation upon receipt of your signed terms and conditions and when your payment is completed through our third-party payment processing company. NOTE: Tax rates are calculated as of the time of these terms and conditions. Renter shall be responsible for all applicable taxes according to rates in effect at the time of occupancy. All reservations are subject to applicable taxes, a cleaning fee, security deposit, and, as applicable pet fees.
3) PAYMENTS: Accepted reservations may be paid by any form accepted by our third-party payment processing company, subject to their terms and conditions. The reservation is not guaranteed until receipt of your signed terms and conditions and when your payment is completed through our third-party payment processing company.
4) RESPONSIBLE PARTY: The persons making the reservation accept responsibility for all occupants complying with these terms and conditions and rental policies, procedures, and restrictions. The responsible party must be at least 21 years of age and is required to stay in the property for the time reserved. Aside from normal wear and tear, the responsible party is responsible to pay for any damages to the property or its contents during property possession under the vacation rental agreement. If multiple credit cards are used to pay for the reservation, all card-holders are equally responsible for the total cost and also for damages.
RESERVATIONS MADE BY PERSONS NOT MEETING THE MINIMUM AGE REQUIREMENT MAY FORFEIT ALL MONEY PAID TOWARD THE RESERVATION.
5) VACATION RENTAL DAMAGE PROTECTION / SECURITY DEPOSIT, DAMAGES, AND MISSING ITEMS: All reservations require the payment in full of a property-specific security deposit as quoted in the total price for the vacation rental. There is no tax on the security deposit.
You will be responsible to cover any intentional or unintentional damages to the rented property interior or exterior that occurs during your stay. You will be responsible for any damage to real or personal property as a result of inadvertent acts or omissions. Your security deposit may also be used to cover any intentional damage, theft, excessive cleaning, unintentional and incidental damage or flea infestation caused by a pet. The cost of any damage to the property, and any related labor to replace and deliver back to the property will be withheld from your security deposit. If you pay the security deposit with a credit card, any refunded amount will be less 3% for credit card processing. Any additional amount of damage over your initial security deposit will be billed to you directly. Security deposits will be reviewed and returned within 45 days after your departure, per the North Carolina Tenant Security Deposit Act.
6) CLERICAL ERRORS: A&B reserves the right to cancel a reservation within 48 hours of the booking if the house was erroneously priced, made available for fewer nights than the minimum allowed, or other clerical errors. If the reservation is canceled because of a clerical error, the customer is due a full refund.
7) CANCELLATION POLICY: You may cancel within 48 hours of booking and receive a full refund if the check-in date is at least 14 days away. A 50% refund shall be paid for cancellations made at least 7 days before check-in. No refunds shall be paid for cancellations made within 7 days of check-in. Any processing fees charged to A&B by its third-party payment processing company relating to any shall be paid to A&B by you.
8) RENTAL CAPACITY: Please check the number of people each property sleeps as detailed in the online property description. If your proposed party exceeds the maximum for the property selected, you must obtain written approval from A&B beforehand, or additional charges including forfeiture of security deposit, may occur.
9) EVENTS, GATHERINGS FOR UNRELATED GROUPS, AND HOUSE PARTIES WARNING: Properties are available for lodging accommodations. We do not offer properties as event venues unless preapproved in writing by us. We do not rent for house parties or events that include accommodating more than the published maximum occupancy. Reservations that appear to include a gathering may be canceled.
10) CHECK-IN CHECK-OUT: CHECK-IN (READ CAREFULLY) All cabins have a coded entry, so there is no need to pick up a key. Normal check-in time is 3:00 PM. Please call us within 1 hour of arrival to your property to report any damages or other issues, otherwise, you may be held responsible for previous guests’ damage.
CHECK-OUT: You must vacate the property no later than the published check-out time on the last day of your reservation. Normal check-out time is 10:00AM. Cleaning services are included with your reservation.
CHECK-OUT PROCEDURES: A general cleaning of the property plus linen service is included in your rental agreement.
Renter is expected to not leave a mess and follow any reasonable check-out requests of A&B. Renter shall lock all doors upon departure.
DO NOT TURN THE HEAT OFF BETWEEN OCTOBER AND MARCH.
Report any damages to A&B prior to departure.
ACCEPTANCE OF THE TERMS AND CONDITIONS INDICATES ACCEPTANCE TO HAVE ANY AND ALL DAMAGES DEDUCTED FROM RENTER’S SECURITY DEPOSIT, AND, IF IN EXCESS OF DEPOSIT, BILLED TO RENTER DIRECTLY FOR IMMEDIATE PAYMENT.
11) WEATHER AND ROAD CONDITIONS: Weather conditions in the mountains of North Carolina are unpredictable. Please remember that the mountains get rain, fog, snow, sleet, and ice. Road conditions may become hazardous before or during your stay. For this reason, a 4-wheel drive vehicle, chains and the ability to drive on snow and ice are the only things we can recommend to get to or from any given property. Some think that a 2-wheel drive with chains can operate as well as a 4-wheel drive. This is not the case in many cold weather situations, especially on steep inclines, that may occur on private drives or driveways. IT IS YOUR RESPONSIBILITY TO ARRIVE FULLY PREPARED and there will be NO refunds, changes in properties, allowances, or date changes resulting from renter’s negligence in this matter.
12) EQUIPMENT FAILURE AND OTHER INCONVENIENCES: All equipment and advertised amenities should be in working order. Please report any equipment problems to us immediately. Refund decisions, regarding appropriateness or amount, for equipment failure and inconveniences is decided by A&B, and will consider the interests of both parties to the contract (property owner and renter).
13) PETS: Certain of our properties may allow pets on a case-by-case basis. You must inquire at the time of requesting a reservation as to whether your pet will be permitted. In such cases, a non-refundable pet fee of $25 per pet per day is required. This pet fee is capped at $100 per pet. All pets must be put in a crate if left unattended at the property and all pets must stay off of the furniture. Unless otherwise specifically permitted by us, no pets shall be allowed on the premises. Renter’s breach of this provision shall be considered material and may result in forfeiture of any monies paid and the termination of tenancy. Evidence of a pet at the property without prior approval may result in a $100 deduction from the security deposit in addition to a bill for the pet fee.
14) NUMBER OF CARS: Please be aware that some of our properties may have strict standards regarding the number of vehicles allowed to park at a property. Some areas may not allow RVs or trailers. You must adhere to these regulations at all times during your stay.
We will notify you if your property is subject to any parking restrictions.
15) SUBSTITUTION: A&B reserves the right to substitute accommodations if circumstances require. Circumstances include but are not limited to acts of nature, malfunctions, or other accidents that render a property uninhabitable. In the event that a property becomes unavailable, A&B will contact the renter to offer alternative properties or a full refund.
16) PAY PER VIEW TELEVISION: Pay-Per-View television, including special sporting events, premium television and/or streaming channels, and other such multimedia are not included in your rental. Purchase of Pay-Per-View, streaming, or other multimedia content that result in charges to A&B is prohibited and will result in charges to your deposit and/or a direct bill to you. Renter is responsible for logging out of and/or removing all applications the renter has installed on A&B’s multimedia devices. A&B will not be responsible for any charges incurred from renter’s failure to comply with this paragraph.
17) ITEMS LEFT IN PROPERTY: A&B is not responsible for items left in rental properties. It is important to check thoroughly to avoid leaving your belongings. If you failed to remove and pack a belonging, we will attempt to locate the item and schedule shipping to the address you provide. There is no guarantee that left items will be found. We will notify you if we locate any items following your departure. A reply requesting service will be considered acceptance of responsibility for the cost of shipping, which will be paid by you by an acceptable payment method.
18) OWNER’S CLOSETS OR OTHER LOCKED AREAS: Any locked closets or other areas are reserved for the storage of the owner’s private property. They are absolutely not included with a reservation.
19) ENTRY: From time to time it may be necessary for A&B to enter the property during reasonable hours for any purpose connected with the repair, care or management of the property.
20) WHAT IS PROVIDED AT THE HOUSE UPON ARRIVAL: All properties are set up for light housekeeping. Beds are made with clean linens and ample towels are provided for each guest. A&B provides a STARTER SET of toilet tissue, paper towels, bath soap, dish soap, and trash bags. Kitchens are stocked with kitchenware and tableware sufficient for basic meal preparation. Specialty cookware is not guaranteed to be available at the property, and thus should be packed by you if necessary.
21) TRANSFER OF PREMISES: If the owner voluntarily transfers the premises, the renter has the right to enforce these terms and conditions against the grantee of the premises, if a renter’s occupancy under these terms and conditions is to end 180 days after such recordation. The renter has no right to enforce the terms of these terms and conditions unless the grantee agrees in writing to honor these terms and conditions. If the grantee does not honor these terms and conditions, the renter is entitled to a refund of all sums paid by renter (and other fees owed to third parties not already lawfully disbursed). Within 10 days after transfer of the premises, the grantor (prior owner) or the grantor’s agent is required to (i) notify renter in writing of the transfer of the premises, the grantee’s (new owner’s) name and address, and the date the grantee’s interest was recorded; and (ii) advise renter whether renter has the right to occupy the premises subject to the terms of these terms and conditions or receive a refund of any payment made by renter.
Upon termination of the owner’s interest in the premises, whether by sale, assignment, death, appointment of a receiver or otherwise, the owner, owner’s agent, or real estate agent is required to transfer all advance sums paid by renter (and other fees owed to third parties not already lawfully disbursed) to the owner’s successor-in-interest/transferee within 30 days and notify renter by email of such transfer and of the transferee’s name and address. However, if renter’s occupancy under these terms and conditions is to end more than 180 days after recordation of the interest of the owner’s successor-in-interest in the premises, and the successor-in-interest has not agreed to honor these terms and conditions, all advance sums paid by renter (and other fees owed to third parties not already lawfully disbursed) must be transferred to the renter within 30 days.
If the owner’s interest in the premises is involuntarily transferred prior to renter’s occupancy of the premises, the owner is required to refund to the renter all advance sums paid by renter (and other fees owed to third parties not already lawfully disbursed) within 60 days of the transfer.
22) TENANT/RENTER DUTIES: Renter agrees to comply with all obligations imposed by the Vacation Rental Act on renter with respect to maintenance of the premises, including but 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 areas and remainder of the premises that renter uses. Renter agrees to not use the premises or amenities for any activity or purpose that violates any criminal or copyright law or governmental or local regulation, including noise ordinances, local parking restrictions, and illegal use of the internet. Renter’s breach of any duty contained in these terms and conditions shall be considered material and shall result in the termination of tenancy. A&B will cooperate with any investigation of illegal activity that seeks to hold perpetrators responsible.
23) DUTIES OF A&B: A&B agrees to provide the premises in a fit and habitable condition. If at the time the renter is to begin occupancy of the premises, A&B cannot provide the premises in a fit and habitable condition or substitute a reasonably comparable property in such condition, A&B shall refund to renter all payments made by the renter.
A&B SHALL CONDUCT ALL ACTIVITIES IN REGARD TO THESE TERMS AND CONDITIONS WITHOUT RESPECT TO RACE, COLOR, RELIGION, SEX, NATIONAL ORIGIN, DISABILITY, SEXUAL ORIENTATION, OR FAMILIAL STATUS OF ANY TENANT.
24) MANDATORY EVACUATION: If state or local authorities order a mandatory evacuation of an area that includes the property, renter shall comply with the order. Upon compliance, renter will be entitled to a refund of the prorated rent for each night that renter is unable to occupy the premises because of the order.
25) EXPEDITED EVICTION: If the tenancy created hereunder is for 30 days or less the expedited eviction procedures set forth in the Vacation Rental Act will apply. Renter may be evicted under such procedures if renter: (i) holds over in possession after renter’s tenancy has expired, (ii) commits a material breach of any provision of these terms and conditions (including any addendum hereto) that according to its terms would result in the termination of renter’s tenancy; (iii) fails to pay rent as required by these terms and conditions; or (iv) has obtained possession of the premises by fraud or misrepresentation.
26) INDEMNIFICATION AND HOLD HARMLESS: RIGHT OF ENTRY; ASSIGNMENT: Renter agrees to indemnify and hold harmless A&B and/or the owner from and against any liability for personal injury or property damage sustained by any person (including renter’s guests) as a result of any cause, unless caused by the negligent or willful act of A&B or the owner, or the failure of A&B or the owner to comply with the Vacation Rental Act. Renter agrees A&B, the owner, or their respective representatives may enter the premises during reasonable hours to inspect the premises, to make such repairs, alteration or improvements thereto as A&B or owner may deem appropriate, or to show the premises to prospective purchasers or renters. Renter shall not assign these terms and conditions or sublet the premises in whole or part without written permission of A&B. Acceptance of terms and conditions is acknowledgment and acceptance of this information by the renter.
27) RESOLUTION: Any claim or dispute arising from or related to these terms and conditions shall be settled by correspondence between the parties to discuss the matter, secondly by mediation and, if necessary, by legally binding arbitration in accordance with the rules and procedures of the American Arbitration Association. Judgment upon an arbitration decision may be entered in any court otherwise having jurisdiction. The parties understand that these methods shall be the sole remedy for any controversy or claim arising out of these terms and conditions and expressly waive their right to file a lawsuit in any civil court against one another for such disputes, except to enforce an arbitration decision.
28) NO SMOKING: ALL of our properties are NON-SMOKING properties. You may not smoke inside any of the properties. If any sign of smoking is found inside a property, the responsible party accepts responsibility for smoke odor remediation, and possibly to reimburse the property owner for time off the market, should remediation require extended time. Such amounts will be deducted from renter’s security deposit and/or billed directly to the renter.
29) AMERICANS WITH DISABILITIES: The properties in our vacation rental program are privately owned residences, and NONE of the properties meet the standards to be ADA Compliant.
ALL RESERVATIONS MADE VIA THE INTERNET HAVE ACCEPTED AND AGREED TO ALL TERMS AND CONDITIONS IN FULL BY CHECKING THE BOX “I AGREE TO THE TERMS AND CONDITIONS SET FORTH ABOVE” OF THE LINK SENT TO YOU UPON A&B APPROVING YOUR RESERVATION.
IF THIS RESERVATION WAS MADE WITH A&B THROUGH ANY MEANS OTHER THAN THE ONLINE RESERVATION SYSTEM, THESE TERMS AND CONDITIONS IS EMAILED TO YOU ALONG WITH YOUR RESERVATION CONFIRMATION. WHILE PAYMENT OF MONEY, OR TAKING POSSESSION OF THE PROPERTY AFTER RECEIPT OF THESE TERMS AND CONDITIONS, IS EVIDENCE OF YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS AND YOUR INTENT TO USE THIS PROPERTY FOR A VACATION RENTAL, YOUR RESERVATION IS NOT GUARANTEED AND CONFIRMED UNTIL RECEIPT OF A STATEMENT OF ACCEPTANCE FROM THE EMAIL ADDRESS ASSOCIATED WITH THE RESERVATION.
I agree to abide by the rules and policies herein as well as those pertaining to the property I am renting. Failure to adhere to the rules and policies may result in forfeiture of my deposit, additional fees billed directly to me, and/or denial of occupancy without refund. I agree with the rules and policies concerning this property. I will not bring a pet to a property that does not allow such.