Ellijay Vacation Rental Terms and Conditions
All our homes are privately owned and furnished with a great deal of love and care so our guests may enjoy the benefits of mountain vacation living for themselves. Please act responsibly and with courtesy when occupying a vacation home.
By booking a cabin with KZ Cabins, Inc. and placing an advanced deposit in any form, by default and in principle, Guest agrees to all terms and conditions set forth within this Rental Agreement and are bound to them forthwith, regardless of the absence of a signature on the agreement.
CABIN SHORT TERM RENTAL AGREEMENT
State of Georgia, County of Gilmer, Gordon, Pickens, Murray, Fannin
THIS AGREEMENT SETS FORTH THE RULES AND REGULATIONS OF OCCUPYING A PRIVATELY OWNED HOME FOR SHORT DURATION. PLEASE REVIEW WITH ALL GUESTS OCCUPYING THE PREMISES.
AGENCY DISCLOSURE – KZ CABINS, INC. serves as the “Agent” & representative of all Owners of private vacation properties in its rental program and has the responsibility for being accountable and protecting said private property.
“GUEST” or ”TENENT”- any individual, entity or group that commits to renting, places an advanced deposit, reserves, books and occupies a vacation home with KZ Cabins, Inc at any time. Terms and conditions herein referring to a "Guest" shall apply to the primary reservation and ALL the members of the Guest party or group occupying the premises at anytime during that booking period.
“AGENT” – KZ Cabins, its personnel and all representatives thereof.
“PREMISES” – the privately owned property and its improvements as defined by the legal plat and deed of said property inclusive of the vacation home itself and its associated structures, the physical land and natural amenities, all improvements, buildings, dwellings and their contents, driveways, pathways, trails, streams, natural resources, easements, and any other pre-existing matter or boundary, defined or not.
1. Guests acknowledge, understand, and agree that the moment Guests give Agents their credit card information to secure and reserve a cabin, by phone, internet, email or any other format, Guest agrees to abide by the terms of this Agreement in its entirety and accepts responsibility for all persons and pets and any and all Damages during their stay. Agents are authorized to charge said credit card for the total amount agreed upon and Guests have authorization to occupy the premises exclusively for the duration confirmed on the reservation while bound to the conditions of the Rental Agreement herein. Agents’ Cancellation Policy will govern any cancellation, rescheduling, or change after the initial credit card authorization has occurred.
2. Must be 24 years of age or older to reserve and book a vacation property. House parties are strictly prohibited and evidence thereof will result in immediate eviction with no recourse, additional cleanup charges and possible legal repercussions. Reservations Agent has the right to request proof of age. Tenants shall behave in a civilized manner and shall be good neighbors respecting the rights of the surrounding property owners.
3. ACCIDENTAL DAMAGE POLICY TERMS PLEASE READ THIS FOR YOUR PROTECTION!- Accidental damage protection is included in the total price for any accidents, subject to exclusions and limitations, that occur to the premises during your rental period up to $1,500. This included protection protects you and the owners. This protection eliminates traditional “security deposits” and gives peace of mind to our guests knowing that in the event of accidental loss or damage during your stay, you are covered. Please contact Agent immediately to file a report if accidental damage occurs. Any repairs exceeding $1,500 will be the responsibility of the guest. Guest must notify Agent immediately in order for the damage protection to apply. The damage protection plan DOES NOT cover negligence or willful neglect and We inspect every home after each guest departure and if there is UNREPORTED loss or damage discovered after your stay, we will charge YOUR credit card with no chance of recourse. YOU MUST REPORT THE DAMAGE WHILE YOU ARE HERE OR YOU WILL BE BILLED FOR THE REPAIRS. “DAMAGES” INCLUDES OBVIOUS DAMAGES PLUS MISSING LINENS OR HOUSEHOLD ITEMS, EVIDENCE OF SMOKING ($250.00 minimum charge), EXCESSIVE GARBAGE, EXCESSIVE CLEANUP, MOVED FURNITURE, SCRAMBLED TV CABLES, SPILLS AND STAINS, MUDDIED CARPETS, PET HAIR, ETC. Failure to provide compensation for your damages will result in legal action against you and black-listing you from renting from our company or any of our constituents in the north Georgia Mountains ever again into in the future. Please be responsible and own up to your damages.
4. CANCELATION POLICY – 15% of the reservation total is non-refundable. NO REFUNDS WITHIN 30 DAYS OF ARRIVAL. FULL REFUNDS ARE AVAILABLE ONLY IF WRITTEN REQUEST FOR CANCELATION IS RECEIVED BY 5PM EST on the SAME DAY OF BOOKING. For cancelations 30 days or more from arrival date, guests will receive a full refund minus the 15% non refundable portion. WE HIGHLY RECOMMEND PURCHASING TRAVEL INSURANCE TO PROTECT GUESTS AGAINST UNFORSEEN CIRCUMSTANCES THAT RESULT IN LOSING YOUR RENTAL INVESTMENT. Email cancelation requests to: email@example.com
5. RESERVATION DOWN PAYMENT REQUIREMENTS – A minimum payment by credit card of $250.00 is required when booking a reservation farther than 30 days from your arrival date. Upon receipt of the initial payment, a booking confirmation email will be sent to you with a confirmation number.
6. REMAINING BALANCE DUE - The remaining balance is due no later than (30) days prior to your check-in date. Agent will automatically process the credit card on file exactly 30 days prior to your check-in date, UNLESS other arrangements are made in advance. Reservations placed within thirty (30) days of arrival date will require PAYMENT IN FULL at the time of booking the reservation and must be paid with credit/debit cards only. Agent(s) do not accept checks. WE DO NOT ACCEPT PAYMENTS AT CHECK-IN! Inquire with Reservations for custom payment plans.
7. RESCHEDULING A RESERVATION OR CHANGING PROPERTIES – Guests may change properties or reschedule a reservation for a $30 change fee provided change or rescheduling occurs more than 30 days from arrival date. No changes or reschedulings are permitted within 30 days from arrival date. WE HIGHLY RECOMMEND PURCHASING TRAVEL INSURANCE TO PROTECT GUESTS AGAINST UNFORSEEN CIRCUMSTANCES THAT RESULT IN RESCHEDULING A RESERVATION AND LOSING YOUR RENTAL INVESTMENT. Email rescheduling and change requests to: firstname.lastname@example.org
8. NO SHOW/EARLY DEPARTURE/INCLEMENT WEATHER POLICY – NO REFUNDS OR REBATES will be offered in the event Guests are unable to arrive or depart on time or if Guests choose or are required to depart early for any reason, INCLUDING BUT NOT LIMITED TO; inclement weather, such as rain, snow, sleet, ice, wind, fire, and any of the reason whatsoever outside of Agent’s direct control. WE HIGHLY RECOMMEND purchasing Travel Insurance to protect guest against loss from any unforeseen conditions that may lead to trip cancelations, delays or inability to access or depart from premises.
9. TRAVEL INSURANCE – Agent does not offer Travel Insurance but Guest may purchase Travel Insurance from a Travel Insurance provider such as TravelGuard. Travel Insurance protects Guests against loss of deposits and payments from cancelations or reschedules due to unforeseen events outside of the control of Guest or Agent. Travel insurance is not mandatory BUT HIGHLY RECOMMENDED.
10. CHECK-IN TIME IS 4:00 PM –Due to same day turn over’s and housekeeping coordination, properties cannot be guaranteed ready for occupancy until 4PM on the confirmed arrival date. Agent will use its commercially reasonable efforts to have the Premises ready for Guest occupancy by 4PM, but Agent cannot guarantee the exact time of Cabin Readiness
11. CHECK-OUT TIME IS 11:00 AM - Timely check-out is greatly appreciated so that Agent(s) have adequate time to prepare the property for the next guest. Upon checking out, guests must follow the checkout procedures. If guests require additional time to check out, please notify the reservations office to ensure that it would not cause a housekeeping conflict or inconvenience for the next guests.
12. NO-SMOKING – NO EXCEPTIONS! – All cabins are NON SMOKING. IT IS STRICTLY FORBIDDEN TO SMOKE INSIDE THE CABIN. If evidence of smoking inside cabin is found regardless of who was smoking, the Reservation Holder will be responsible for any damages plus a $250 odor abatement service, charged directly to the credit card on file, without recourse. If smoking outside on the property, PLEASE BE CURTEOUS AND DISPOSE OF ALL CIGARETTE BUTTS IN THE GARBAGE. Please do not leave cigarette butts on the grounds. Any cigarette butts found thrown on the grounds after your stay will be subject to additional cleanup charges because we want to keep the properties beautiful for all guests.
13. MAXIMUM OVERNIGHT OCCUPANCY – The maximum occupancy for overnight guests is stated in all accommodation descriptions. Maximum overnight occupancy limits are required by the Fire Marshal and are for the safety and protection of occupants and Home Owners. Guests are required to report the correct total number of overnight guests over 2 yrs old on all reservations. Any child two years old and above is considered an occupant & must be included in the occupancy total. For select properties, Reservation holder will be required to fill in an Occupancy Roster or Security Registration that gets filed with Security Personnel for safety and access purposes. Exceeding the maximum overnight occupancy could compromise the plumbing and septic systems which can result in severe damages, unsanitary conditions and unsafe situations. Any damages and costs resulting from excessive overnight occupants will be the responsibility of the reservation holder.
14. GATED COMMUNITIES – Many cabins are located within gated communities that require the names of the guests staying in the cabins. This information is provided to the Security Office of the resort for security reasons. The security offices of the resorts are authorized to deny entry to guests that are not listed on a security registration or pre-authorized for entry by Agent. Guests are required to submit all guests names to agent prior to receiving check in package and instructions.
15. TRESPASSING – Properties and premises are privately owned residences and protected by State and Private Property laws. Attempting to access a property outside of confirmed reservation dates and times is considered TRESPASSING and may warrant legal recourse. Please do not attempt to access property outside of confirmed reservation dates and times without prior written approval from Agent. Due to liability and security issues, Agent will be unable to provide prospective renters with directions or keys to preview properties unless escorted by an authorized Agent representative for a pre-negotiated time and fee.
16. URGENT SITUATIONS AND EVENTS OUTSIDE OF AGENT CONTROL- In a life threatening emergency always call 911 and give them the cabin address on your printed directions or on the Cabin Book. In any urgent situation requiring Agent’s assistance call the numbers provided in guest’s correspondence. Every effort will be made to address any urgent situation in as little time as possible. No refunds or rebates will be given for any situation outside of Agent’s control including but not limited to: Acts of nature, wildlife or insect encounters, road conditions, equipment failures, travel delays, guests scheduling conflicts, GPS inaccuracies, Personal fears or beliefs, situations resulting from Guest negligence or oversight, or any other situation, result or action not directly caused by Agent. WE HIGHLY RECOMMEND purchasing Travel Insurance to protect guest against loss from any unforeseen conditions that may lead to trip cancelations, delays or inability to access or depart from premises.
17. EQUIPMENT MALFUNCTIONS - Agent cannot guarantee against malfunctions of systems and equipment or any event outside of Agents control. In case of any equipment malfunctions, utility failures or system failures, guests shall follow the instructions in the Cabin Book and call the applicable phone number immediately to request resolution. Every effort will be made to correct any equipment malfunction in as little time as possible but no guarantees are made. There will be no refunds or compensation for any problems reported AFTER departures or problems that Agent was not given an opportunity to correct. Examples of equipment include, but are not limited to: heating, air conditioning, electricity, water, plumbing, appliances, hot tubs, jacuzzi tubs, cable TV, satellite TV, television, telephones, any electronics devices, fireplaces, gas logs, grills, lighting, furniture, locks and latches, lock boxes, combination locks, utensils, cookware, etc. Each property is inspected before and after each guest stay to ensure everything is in working order and undamaged. NO REFUNDS OR COMPENSATION will be given for failure of the above if the equipment was in working order at the time of the pre-arrival inspection. Any equipment not in working order at the time of the pre-arrival inspection is noted and documented for the guest. Every effort will be made to provide clear concise procedures at the cabin for operating equipment as well as clear accurate directions to the cabin itself from major highways. Agents are not responsible for guest’s inability to operate equipment or follow the directions which may result in a service call for assistance. Any service call requested by guests that is deemed a result of guest action, abuse, misuse or negligence may result in charges billed to guest’s credit card. NO refunds or rebates will be offered in conjunction with false or mistaken service calls. NO refunds or rebates will be offered in conjunction with guest’s inability to operate equipment or locate the cabin.
18. GARBAGE CONTROL POLICY - Garbage is removed by housekeeping staff with small vehicles after departures. All garbage must be bagged and tied and placed in the outdoor garbage containers unless otherwise specified. In the event guests generate more garbage than fits in the outside containers, guests must either take excessive trash to the nearest dump or call the Agents Office to arrange for an unscheduled garbage pickup. Please ensure all garbage is bagged and tied and placed inside garbage containers with lids securely fastened to avoid animals getting into garbage and creating unsanitary conditions and huge messes. PER THE DAMAGE POLICY, GUESTS WILL BE RESPONSIBLE FOR ADDITIONAL CLEANUP CHARGES IF THEY DO NOT PROPERLY DISPOSE OF GARBAGE AS STATED HEREIN.
19. HOT TUBS – PLEASE READ THIS FOR YOUR PROTECTION!- Guests may use hot tub at their own risk. Hot tubs are correctly cleaned and properly treated prior to each arrival. Instructions are provided in the Cabin Book on how to use hot tubs, covers, cover lift assist, cover clips and padlocks. Please read the safety instructions in the Cabin Book prior to entering a hot tub. Agent is not liable for any losses, injury, sickness, allergy, medical condition, or any consequence whatsoever from Guest’s use or misuse of hot tub. ALWAYS RINSE OFF BEFORE AND AFTER USING A HOT TUB. NEVER PUT SOAP OR BUBBLE BATH IN THE HOT TUB. Any excessive cleaning of Hot tubs due to misuse by a guest or any person during guest reservation may lead to charges on Guests’ credit card. Please direct any questions about the hot tub to the reservations office to avoid problems. Agent offers a MID-STAY HOT TUB CLEANING SERVICE for hot tubs that have been heavily used and unsanitary. A separate fee applies. Contact Agent office for scheduling or details.
20. LINENS AND CONSUMABLES - A standard supply of linens is provided in each property that supports the maximum occupancy. Bed linen and bath towels are not changed during your stay. A complimentary supply of start-up consumables is given to guests at check-in and not replenished during Guest stay, however, housekeeping service and other cleaning arrangements during your stay are available for an additional charge. Contact the Agents Office for details. PER THE DAMAGE POLICY, GUESTS WILL BE RESPONSIBLE FOR ADDITIONAL CHARGES IF LINENS OR HOUSEHOLD ITEMS ARE DAMAGED OR REMOVED FROM THE PREMISES. These items are counted before and after each guest stay.
21. CABLE/SATELLITE TV - Rental properties are individually owned and Agents cannot guarantee TV channel availability. Rental properties do not necessarily offer premium packages, i.e., Movie Channels, Sports Channels, Pay Per View, etc. Agents cannot activate premium channels. PROGRAMMING IS CONTROLED BY HOME OWNER, NOT THE AGENT. AGENT IS NOT RESPONSIBLE FOR PROBLEMS VIEWING TV’S, EQUIPMENT FAILURES OR CHANNELS THAT ARE NOT SUBSCRIBED TO. NO REFUNDS WILL BE GIVEN FOR ANY issues outside of Agents control.
22. PROPANE GRILLS – Properties with propane grills are fueled by liquid propane and under NO circumstances may Guests add charcoal or any derivative of charcoal to the propane grills, nor any form of combustible liquid or combustible physical material. If evidence of such combustibles are found inside the propane grill, charges may be incurred to guest’s credit card for excessive cleaning, and sanitizing grill for next guest use.
23. GAS LOG FIREPLACES –Some cabins contain gas log fireplaces and should only be used seasonally from October 01 through May 15. Gas Log fireplaces are shut off between Guest stays. Please use the instructions in the cabin books to turn on and operate the gas log fireplaces. Gas Log fireplaces are intended for providing some heat and ambience only. Please do not use any combustible to light the gas log fireplace as it damages the logs and equipment. NEVER attempt to cook anything over the gas log fireplace, especially hot dogs and marshmallows as it damages the logs and costs a significant amount to clean or replace - which IS CONSIDERED NEGLIGENCE AND WILL be billed directly to Guests credit card on file with no recourse. Please do not move or re-arrange the gas logs themselves as they are specifically designed to operate in an exact configuration and will cause damage to the units. Always turn the gas OFF at departure. PER THE DAMAGE POLICY, GUESTS WILL BE RESPONSIBLE FOR ADDITIONAL CHARGES IF GAS LOG FIREPLACES ARE DAMAGED OR LOGS ARE RE-ARRANGED. These items are inspected before and after each guest stay.
24. WOOD BURNING FIREPLACES - Some cabins contain wood burning fireplaces and should only be used seasonally from October 01 through May 15. Please do not burn anything in wood burning fireplaces other than wood as it can damage the fireplace, mantle and chimney. Please do not attempt to cook anything in a fireplace, especially hot dogs and marshmallows as it causes damage to the fireplace and mantles. Any damages and costs resulting from negligent use of a fireplace will be billed to Guest credit card on file. NEVER THROW ASHES OR COALS INTO GARBAGE OR ONTO PROPERTY OR WOODS. Ashes and coals can produce heat even up to 10 days after a fire and reignite and cause serious damage to property and persons (per the Fire Marshal). Please leave all ashes and coals inside fireplaces which will be removed by housekeeping personnel.
25. FIRE-PITS – Some properties provide a rock fire pit. If a property does not offer a fire pit, guests MAY NOT build FIRE PITS IF THEY ARE NOT PROVIDED as doing so is considered a safety hazard and considered damage to the Premises. Any costs associated with cleaning up or dismantling an unapproved firepit will be billed to guest’s credit card on file. Fire pits may be used throughout the year and are perfect for cooking over. NEVER LEAVE FIRES UNATTENDED. NEVER LEAVE SMOLDERING, SMOKING OR HOT COALS OR WOOD UNATTENDED. ALWAYS EXTINGUISH OPEN FIRES WITH WATER AND SMOTHER when finished so as to avoid accidental flash fires. Ashes and coals can produce heat up to 10 days after a fire and reignite. All trash must be collected and properly disposed from around the fire pit. PER THE DAMAGE POLICY, GUESTS WILL BE RESPONSIBLE FOR ADDITIONAL CHARGES IF TRASH IS FOUND IN OR AROUND FIREPITS.
26. FURNISHING/FURNITURE - All cabins are privately owned property furnished and equipped by its OWNER. Furnishings and inventory are subject to change without notice. Furnishings and inventory may be different on the arrival date than what was listed on the reservation date due to time passed, wear and tear, upgrade, replacement, damage or other reason deemed appropriate by the Home Owner. Agent will make every effort possible to ensure listing is accurate and up to date at all times. Agent(s) cannot make any changes to the furnishings or equipment provided by the owner. If Guest requires special appliances or equipment, please bring them with you or inquire if Agent rents special equipment. Please do no rearrange furniture or rearranging or disconnect electronic equipment. This causes excessive inconvenience and costs to return to normal and affects convenience and comfort of next guests. PER THE DAMAGE POLICY, GUESTS WILL BE RESPONSIBLE FOR ADDITIONAL CHARGES IF THEY MOVE FURNITURE AROUND AND DO NOT PLACE IT BACK TO ITS ORIGINAL LOCATION OR IF EQUIPMENT AND CABLES GET MOVED AROUND OR UNPLUGGED.
27. LONG DISTANCE TELEPHONE CALLS - Some Cabin telephones are long distance numbers and do not permit long distance calls except for toll free numbers, calling card calls, credit card calls, collect calls, valid third party calls, and emergency (911) calls. Cell-phone signal is generally reliable in most cabins but cannot be guaranteed. Agent is not responsible for cell phone signal strength or lack of telephone service plans.
28. ALCOHOL/DRUGS –If Guests are arrested for underage drinking at rental properties or if Agents observe Guests under the legal age of twenty-one (21) drinking alcoholic beverages, Agents reserve the right to terminate this Agreement and evict Guests with no refund or rebate and possibly pursue legal action against reservation holder. Illegal drug use is strictly prohibited and prosecuted to the fullest extent of the law. Any evidence found of illegal drug use on the premises may lead to criminal charges. Just don’t do it!
29. ITEMS LEFT BEHIND - Agents are not responsible for any items Guests leave behind intentionally or unintentionally on Premises. Agents will store any items left behind for a period of 7 days and then donate it to charity if left unclaimed. Agents are authorized to charge a $15 handling fee plus applicable shipping costs for the return of any items Guests leave behind.
30. CONDUCT AND NOISE ORDINANCES –Occupancy and use of premises shall not be such as to disturb or offend neighbors or residents by means of including but not limited to; loud parties, excessive speeding through neighborhoods, riding of ATV’s or Off Road Motorcycles/Dirt Bikes, excessive noise and/or obnoxious behavior, discharging of Firearms, and or Fireworks, or any other noise-inducing mechanisms. Any complaints received will be sent to local enforcement agencies and will be dealt with accordingly.
31. GRAVEL ROADS – Roads leading to many rental properties are dirt and/or gravel, curvy, mountainous and sometimes bumpy. Agents are not responsible for conditions of road or any damages from conditions of road. Guests should make every effort to use a vehicle that can tolerate these types of driving conditions. Properties that require a 4x4 vehicle to access will be fully disclosed on the website listings. Agent is not liable for any costs or refunds if Guests are unable to arrive to premises as a result of vehicle or road conditions, nor if Guests have a fear of driving the roads or fear of the unknown conditions in the area leading to cancelations or delays.
32. WILDLIFE AND INSECTS– Environmentally friendly pest control services are performed on every property routinely to kill and repel common crawling insects. Cabins are located in mountainous areas that may harbor different types of wildlife and insects including but not limited to: Bear, Deer, Possums, Racoons, Squirrels, Turkey, Ladybugs, Bees, Wasps, Scorpions, Spiders, Centipedes, Crickets, Beetles, Roaches, Fleas, Ticks, Ants, Chiggers, Flies, Birds, Snakes, Rodents, Reptiles, etc. Guests are encouraged to dress accordingly and to bring appropriate insect repellent for outdoor activities. NO REFUND OR REBATE will be offered in connection with any wildlife or insect encounters inside or outside the cabin. Should any live crawling insect be noticed inside the cabin, please notify the Agent Office immediately for resolution.
33. LOST KEYS – Reservation Holder is responsible for the cabin key. If ORIGINAL property keys are not returned upon check-out, Agents are authorized to charge the Guest’s credit card on file the total cost of re-keying all locks or replacing all of the locks at the property and re-issuing new keys to owners, cleaning crews, and Agents. PLEASE DO NOT LOSE YOUR ORIGINAL CABIN KEY IT CAN BE VERY EXPENSIVE!
34. LOCK OUTS – If any guest locks themselves out of the cabin, Reservation Holder may be charged a $50 emergency trip charge to have a staff member drive out to provide access to cabin. Proof of possession of the original cabin key is required once guests are let back into cabin. A lock-out problem after business hours may result in a locksmith being called who may charge significantly higher. PLEASE KEEP TRACK OF YOUR CABIN KEY AT ALL TIMES TO AVOID INCOVENIENCES AND COSTS TO YOUR VACATION.
35. PET POLICY – Some cabins allow for Pet Guests. Pet damage is not included in Accidental Damage Insurance. Pets must be completely housebroken, well behaved, and pest-free. Pets are not allowed on furniture or in hot tubs. Reservation Holder is responsible for any and all damages caused by pets. Please do not use cabin linens or towels on pets. Guests agree to pay for any damages caused by pets. If pets have an accident in cabin, all clean-up will be performed by the Guests. Guests further agree to police waste from the grounds and deposit in outside garbage cans. Failure to comply with pet clean-up policy on the premises may result in additional cleaning charges that will be charged to the guest’s credit card. Guests agree to be in full control of their pets at all times and take full responsibility for their pets well being.
36. REFUSAL OF SERVICE – Agent reserves the right to refuse service to anyone. All rental properties are leased without regard to race, color, religion, sex, national origin, or physical disablements.
37. TERMINATION BY OWNER/PROPERTY SUBSTITUTIONS – Agents strive to comply with all reservation requests for specific vacation properties. However, due to ownership changes, properties being removed from rental use, mechanical problems, or other unforeseen circumstances outside of Agent’s control, Agents cannot absolutely guarantee a specific property. Agents reserve the right to change property unit assignment to a similarly priced property without liability within a reasonable time frame should rental property become unavailable. A comparable property is defined as having a similar total reservations price, within a $100 threshold. No refunds will be offered within 30 days of arrival when comparable substitute properties are available. Should Guest decline the comparable property, Guest may reschedule or change their reservation to another available date and property at the published rates under the parameters of the rescheduling policy but no refunds will be offered. If comparable properties are not available within 30 days of arrival, Guests will have the option of selecting from any other available properties for their reservation dates and pay or receive a refund of the difference in the total cost or may choose to receive a full refund. Agent HIGHLY RECOMMENDS purchasing Travel Insurance to protect guest against loss from any unforeseen conditions that may lead to properties not being available as defined herein.
38. LICENSEE OF OWNER - Guests are a licensee of the Owner and not a tenant; Renting the premises in no way constitutes Guests acquiring interest in the property.
39. LISTING INFORMATION - Information on listings is as accurate as possible but cannot be guaranteed. Rates, furnishings, fees, and taxes on listings are subject to change without notice. The property you see on the listing is the property you book. Agent does not bait and switch. If you have questions, about property, please call or email to confirm rates, availability, furnishings and other listing information prior to booking. Agent is not responsible for any variances between the description of the listing and the actual contents in the property.
40. RIGHT OF ENTRY - Agents reserve the right to enter property at anytime to investigate disturbances, check occupancy, check for damages, make repairs, alterations, and improvements, as Agents deem necessary.
41. VIOLATION OF AGREEMENT - A material breach of this Agreement by Guests, which, in the sole determination of the Agents, results in damage to the Premises, personal injury to Guests or others, a breach of the peace, a nuisance to others, or a violation of criminal law or local code, shall be grounds for termination of Guests tenancy. Willful and malicious violation of any of the rules contained herein may lead to immediate eviction with no refunds or rebates. If the tenancy created hereunder is for 30 days or less, any expedited eviction procedures set forth in the applicable laws of the State of Georgia shall apply. Guest(s) may be evicted under such procedures if Guest(s): (I) hold over in possession after Guest(s) tenancy has expired; (ii) commit a material breach of any provision of this Agreement that according to its terms would result in the termination of Guest(s) tenancy; or (iii) have obtained possession of the Premises by fraud or misrepresentation. Any reservation made under false pretenses will result in forfeiture of advance payments and the party will not be permitted to check-in.
42. DISPUTES – This Agreement shall be governed by and interpreted in accordance with the laws of the State of Georgia and be treated as though it were executed in the County of Gilmer, State of Georgia. Any action relating to this Agreement shall be instituted and prosecuted only in the Gilmer County Superior Court, Georgia. Guests specifically consent to such jurisdiction and to extraterritorial service of process.
43. INDEMNIFICATION AND HOLD HARMLESS - Guests shall be solely responsible for any property damage, accident or injury to any person or pet or loss sustained by any person or pet, including loss of money, jewelry, and other items of personal property, arising out of or in any way related to Guests use of the premises or the items of personal property provided by Agent(s), the Owner at Guests request. Guests shall inspect and be familiar with proper use and application of such items prior to using them. Guests hereby agree to INDEMNIFY and hold Agent(s) and its employees, owners and officers; and/or Homeowners harmless from any and all claims including those of third parties, arising out of or in any way related to Guests and pet use of premises or the items of personal property provided therein. Guests hereby agree to hold Agent(s) and its employees, owners and officers and/or Homeowner, harmless and to indemnify same against any and all claims that arise pertaining to any event during the course of rental as a consequence of any acts or omissions of Agent and/or cabin owner, its Agents, employees and officers. Guests assume the risk of injury or other losses relating to any recreational activities and will hold owner and its Agents harmless with respect thereto.
44. CREDIT CARD – Guest is providing credit card number as a guarantee. Guest agrees to pay all rent and associated fees and accept all terms of this agreement and accept all liability for any damages not covered by the Accidental Damage Insurance and/or beyond normal wear and tear during the term of the lease with Agent. If guest fails to do so guest understands that these costs will be charged to guest’s credit card and all credit card sales are final. Agent is not required to notify guest when charging credit card for obvious damages or other obvious charges as applicable under the terms of this agreement. PLEASE REVIEW THESE TERMS WITH ALL MEMBERS IN YOUR VACATION PARTY.