Ellijay Vacation Rental Terms and Conditions

SHORT TERM LEASE AGREEMENT

By booking a cabin with KZ Cabins, Inc. by default, Guest agrees to all terms and conditions set forth within this Rental Agreement.

AGENCY DISCLOSURE – KZ CABINS, INC. serves as the agent & representative of all owners of vacation properties in its rental program, and is acting at all times, in and for the best interests of the owners.

1.    Must be 25 years of age or older to reserve and book a vacation property. Reservations Agent has the right to request proof of age.

2.    RESERVATION REQUIREMENTS – A payment by credit card of 50% of the total booking is required when booking a reservation up to thirty (30) days prior to check in date.  The remaining balance is due no later than thirty (30) days prior to your check-in date. Reservations placed within thirty (30) days of check-in date will require payment in full at the time of booking the reservation and must be paid with credit/debit cards only. Upon confirmation of payment, a booking confirmation letter will be sent to you with a confirmation number. Agent(s) accepts Visa, MasterCard credit/debit cards, American Express and Discover. Agent(s) do not accept checks or cash. Please reference reservation dates and confirmation # when sending checks. WE DO NOT ACCEPT PAYMENTS  AT CHECK-IN!

3.    CANCELLATION POLICY – If cancellations, rescheduling, or changes are made within twenty one (21) days prior to the original check-in date, NO REFUNDS OR REBATES will be offered. Cancellations must be submitted in writing and confirmed received by KZ Cabins Office at least twenty one (21) days prior to the original check-in date in order to receive a refund, less a $100 cancellation fee.  No refunds or rebates will be offered for canceling reservations that have been rescheduled for dates after the original check-in date. NO EXCEPTIONS. WE HIGHLY RECOMMEND PURCHASING TRAVEL INSURANCE TO PROTECT AGAINST UNFORSEEN CIRCUMSTANCES THAT COULD RESULT IN CANCELING YOUR TRAVEL PLANS.

4.    RESCHEDULING AND CHANGES – You may reschedule or change your reservations up to one time free of charge after your original reservation, provided the reschedule or change occurs more than twenty one (21) days prior to the original check-in date. All future changes or rescheduling of your reservation are subject to a $25 processing fee for each rescheduling. Changes or rescheduling a reservation within 21 days of confirmed check in date is subject to a charge equivalent to 1 night’s published rent.

5.    NO SHOW/EARLY/LATE DEPARTURE POLICY – Agents are not responsible for Guests inability or choice to arrive late to premises or to depart late from premises FOR ANY REASON. In parallel, Agents are not responsible if Guests choose or are required to depart early FOR ANY REASON, including if members of Guests party do not show up or leave on time.  NO REFUNDS OR REBATES will be offered in conjunction with early or late arrivals or departures. WE HIGHLY RECOMMEND PURCHASING TRAVEL INSURANCE TO PROTECT AGAINST UNFORSEEN CIRCUMSTANCES THAT COULD PREVENT YOU FROM ARRIVING TO OR LEAVING FROM THE PREMISES in a timely manner.

6.     SECURITY DAMAGE INSURANCE – This Security Deposit Protection  plan covers unintentional damages to the rental unit interior that occur during your stay, provided they are disclosed to management prior to check-out using the forms onsite or email as directed by KZ Cabins, Inc. The policy will pay a maximum benefit of $5,000. Any damages that exceed $5,000 will be charged to the credit card on file. If, during your stay at one of our Rental Properties, an Insured Person causes any damage to real or personal property of the unit as a result of inadvertent acts, or omissions, the Insurer, CSA Travel Protection, will reimburse the Insured, KZ Cabins, Inc. for the cost of repair or replacement of such property up to a maximum benefit of $5,000. Certain terms and conditions apply.  This Protection does not cover damages that are willful, intentional, a result of gross negligence  nor replacement costs for theft by taking and said repairs or replacement costs will be charged directly to the Guest credit card on file with no recourse to guest.   Full details of the Security Deposit Protection coverage are contained in the Certificate of Insurance or Insurance Policy.  By submitting payment for this plan, you authorize and request CSA Travel Protection and Insurance Services to pay directly KZ Cabins, Inc. any amount payable under the terms and conditions of the Security Deposit Protection.  Please contact KZ Cabins, Inc. directly if you do not wish to participate in this Damage Insurance Plan.

7.     SECURITY DEPOSIT -  In the event you opt out of “Security Deposit Insurance”, a separate Security Deposit will be placed on the credit card on file up to $1,000 depending on the property. The Security Deposit will be pre-authorized on the credit card on file 0-5 days prior to your check-in date. If Security Deposit hold is declined with card on file for any reason, access to the property will be temporarily suspended until the Security Deposit Hold is confirmed. Barring any damages, Security Deposit is fully refunded to card no earlier than 10 days after departure date. In the event damages, excessive cleaning, or additional charges or penalties are warranted by a breach of rental agreement, the full amount of the Security Deposit will be charged until such time the exact cost of the repair is assessed. At that time the balance of the security deposit minus the repair costs will be refunded and customer will be notified by email. All damages must be reported.  

8.    REFUNDS – This Cabin Rental Agreement is a legally binding agreement between Guest, Agency & Owner.  Your reservation binds you to a specific period of time.  Agent will make every effort to correct any problem that arises during your stay in a timely manner subject to the terms in this agreement.  There will be no refunds or compensation for events out of Agent’s control including but not limited to:  Acts of God, Mother Nature, Inclement weather, acts of war or government agencies, road maintenance, gas shortages, power outages or water outages, construction or maintenance work in the vicinity, equipment failures, road conditions, proximity to other dwellings, economic conditions, political conditions, business closures and area event schedule changes.

9.    CHECK-IN TIME IS 4:00 PM – Guests proceed straight to the cabin. All cabins have lock boxes onsite with the keys inside. Lock box codes are mailed to guests with their confirmation letters. Guests may arrive to cabin anytime after 4pm. Once guests have entered the cabin, Guests must follow the check-in procedures emailed with their Access Package. Any damages found must be reported within 3 hours of arrival in order to not be held liable for the damage. The property cannot be guaranteed ready for occupancy until 4PM. Agent will use its commercially reasonable efforts to have the Premises ready for Guest occupancy by 4PM. GUARANTEED EARLY CHECK-IN’S AS EARLY AS 10AM ARE AVAILABLE FOR A FEE. PLEASE INQUIRE WITH RESERVATION OFFICE.

10.  CHECK-OUT TIME IS 11:00 AM - NO EXCEPTIONS! Timely check-out is strictly enforced so that Agent(s) have adequate time to prepare the property for the next guest checking in at 4pm. Upon checking out, guests must follow the checkout procedures included in the confirmation letters and flyers included in the cabins. Please return keys to the lock box mechanism before leaving. If the property key is not returned upon check-out, Agents are authorized to charge the Guest’s credit card on file for the costs of re-keying or replacing all of the locks and re-issuing new keys to owners, cleaning crews, and Agents. Guests that do not vacate the rental property by 11:00 AM or in the event Guest returns to the premises without the consent of the Agent after turning in the keys and checking out will be charged a fee equal to the rental rate for one (1) day. GUARANTEED LATE CHECK-OUT’S AS LATE AS 4PM ARE AVAILABLE FOR A FEE. PLEASE INQUIRE WITH RESERVATION OFFICE.

11.  MAXIMUM OCCUPANCY – The maximum occupancy is stated in all accommodation descriptions.  These limits are required by law and are for the safety and protection of occupants and Owners. Any child five years old and above is considered an occupant & must be included in the occupancy total.  Rollaway beds, cots, inflatable mattresses & sleeping bags or other temporary or portable sleeping device not specifically provided by the owner and intended for use to accommodate extra persons are prohibited.  If you are found to exceed the maximum occupancy of your cabin it will be considered a breach of contract and will result in immediate eviction with no refunds or rebates.

12.  GATED RESORTS SECURITY – Many cabins are located within gated communities that require the names and vehicles 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 have the right to deny entry to guests that have not been pre-authorized. It is very important to list the names and vehicles of each guest that will be staying at the cabin. NO refunds or rebates will be offered in conjunction with guests who did not supply the correct names and/or vehicles to the KZ Lodging Office prior to their arrival during the reservation process.

13.  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.

14.  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.

15.  MAINTENANCE AND REPAIR SERVICE CALLS – In case any equipment malfunctions, guests shall follow the instructions in the Cabin Book and call the applicable phone number immediately to arrange for repairs and initiate a service call. Every effort will be made to correct any urgent situation in as little time as possible.  Agent cannot guarantee against malfunctions of heating, air conditioning, electricity, water, any appliances, hot tubs, jacuzzi tubs, hot tubs, cable TV, satellite, television, telephones, any electronics, any appliance, gas logs, grills, etc.  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 such as satellite TV’s, DVD players, fireplaces and key lock boxes 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 a result of guest action, abuse, misuse or negligence may result in a $50 travel fee plus $50/hr of onsite labor and will be 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.

17.  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 under any circumstance activate premium channels. NO EXCEPTIONS! NO REFUNDS OR REBATES will be offered. Guests may request special programming through the Agent’s office for an applicable fee.

18.  GAS LOG FIREPLACES –Some cabins contain gas log fireplaces and should only be used seasonally from October 01 through May 15.  No other items may be burned in gas log fireplace, including but not limited to; sticks, wood, charcoal, lava rocks, paper, trash, etc.  If any other item is burned in gas log fireplace, guest will be charged a $100 clean-out fee that will be billed directly to Guests credit card on file or deducted from Security Deposit.  Guests further agree that no fire will be left unattended.

19.  WOOD BURNING FIREPLACES - Some cabins contain wood burning fireplaces and should only be used seasonally from October 01 through May 15. Cabins do not come stocked with firewood unless specifically stated on the listing. Firewood may be purchased online with your reservation or from the reservations office. Please call to inquire. No other items including but not limited to; charcoal, lava rocks, accelerants, etc. will be burned in fireplaces or fire pits. Guests agree to pay not less than$100, if any items, other than hardwood or dura-flame type logs are burned in fireplace.

20.  FIRE-PITS –  Some properties provide a rock firepit or outdoor wood burning fireplace. If a property does not offer a fire pit, guests will not make one as doing so is considered a safety hazard and considered damage to the Premises.  Fire pits may be used throughout the year.  Guests further agree that no fire will be left unattended. When guests are done with the firepit, all flames and embers should be put out with water and smothered to avoid accidental fires. All trash must be collected and properly disposed from around the firepit. Any garbage or trash found in the firepit will be subject to additional cleanup charges.

21.  ITEMS LEFT BEHIND - Agents are not responsible for any items Guests leave behind intentionally or unintentionally on Premises.  Agents will confiscate all items left behind unless Guests request it to be returned to them. Agents are authorized to charge a $25 handling fee plus applicable shipping costs for the return of any items Guests leave behind.

22.  HOT TUBS –Guests may not add any objects or chemicals to the hot tubs. Guests agree to pay not less than $100, if hot tub has been compromised in such a manner that results in cleaning services being delayed or excessive. Hot tubs have been cleaned prior to Guests arrival.  Guests must pay an additional charge of $75 if Guests request an additional cleaning of hot tub during Guests’ stay.  Guests understand that hot tub usage is at their own risk and will not hold Agent or Property Owner responsible for any injury.  It is absolutely forbidden and extremely dangerous for children to be in the hot tub without a responsible adult. Guests must turn off hot tub jets and close the hot tub cover when not in use to avoid excessive water evaporation and damage to operating components. The hot tub breaker box switch must always be left on to allow continuous water circulation and filtration. 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.

23.  FURNISHING/FURNITURE - All cabins are privately owned property furnished and equipped by its OWNER. As such, 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. Furnishings are subject to change without notice. Rearranging or moving of furniture is prohibited and will result in a fee of no less than $100 due to extra housekeeping services. Loss of these items, as well as damage to the property or furnishings in excess of normal wear will be charged to Guest(s), the renter. Certain areas in each rental property are locked for the OWNERS personal storage and are not included in this rental.

24.  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. The startup supply of complimentary consumables are not replenished, however, housekeeping service and other cleaning arrangements during your stay are available for an additional charge. Contact the Agents Office for details.

25.  LONG DISTANCE TELEPHONE CALLS - Some Cabin telephones are toll restricted 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.  Any special feature calls including but not limited to; Call Return, Call Block, Call Forward that Guests activates will be billed to Guests credit card on file plus a $15 service charge per incident. Cell-phone signal is in cabins cannot be guaranteed.

26.  NON-SMOKING – NO EXCEPTIONS! – All cabins are non-smoking (including all decks, porches and steps). Guests agree to pay not less than $350 for odor abatement if they smoke in the cabin.

27.  ALCOHOL/DRUGS – No drinking of alcoholic beverages by persons under the legal age of twenty-one (21) is allowed on rental properties.  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.  Illegal drug use is strictly prohibited and prosecuted to the fullest extent of the law.

28.  CONDUCT –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; parties, excessive speeding through neighborhoods, riding of ATV’s or Off Road Motorcycles/Dirt Bikes, excessive noise and/or obnoxious behavior, discharging of Firearms, BB/Pellet Guns, Paint Ball Guns, Potato Cannons, or Fireworks, or any other noise-inducing mechanisms. Agents reserve the right to terminate this Agreement and evict Guests with no refund or rebate. NOISE ORDINANCES MAY EXIST FOR SOME COMMUNITIES and guests are required to abide by such ordinances.

29.  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. NO REFUND OR REBATE will be offered if Guests are unable to arrive to premises as a result of vehicle or road conditions.

30.  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.  If Guests add charcoal to a propane grill, Agents are authorized to charge not less than $100 to Guests credit card for cleaning of grill.

31.  WILDLIFE – Most cabins are located in areas that may harbor different types of wildlife including but not limited to: Bear, Deer,Turkey, Ladybugs, Carpenter Bees, Wasps, Scorpions, Ticks, Ants, Chiggers, Flies, Cows, 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 encounters.

32.  LOCK OUT - A lock-out of Guests from cabin will result in a $35 travel charge plus a $35/hr onsite labor fee during business hours and $50 travel charge and $50/hr onsite for after hours to provide access to cabin.  A lock-out after business hours may result in a locksmith being called and Guests credit card being charged accordingly.

33.  LOST KEYS – Lost keys will result in a $25 replacement charge per key and will be billed to the credit card on file.

34.  PET POLICY – Some cabins allow for Pet Guests. In those cabins, the following terms and conditions apply:  A $25 to $35 non-refundable pet cleanup feeis charged per stay for pets to cover normal clean-up required as a result of a pet being on the premises. NOTE: Pets are not permitted in hot tub. Guests will be charged not less than a $100 cleaning fee if pets get into the hot tub. Pets must be completely housebroken, well behaved, and pest free.  Pets are not allowed on furniture.  Guests will be charged no less than a $25 cleaning fee for removing pet hair and other pet-related material from furniture.  Guests may not use any cabin provided linens or towels on pets   Pets shall not be left uncrated while alone on premises.  Guests agree to pay for any damages caused by pets and pet damage is not included in Security Damage Insurance.  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.  There are no leash laws, guests should plan accordingly.   If any of these Pet Policy items are not met, Guests are in violation of this Agreement. Guests agree that by accepting this Agreement, they are authorizing Agents to charge Guests credit card on file for any damages sustained as a result of pets.

35.  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 handicap.  Due to liability issues, Agent will be unable to provide prospective renters with directions or keys to preview properties.

36.  TERMINATION BY OWNER/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 comparable property without liability within a reasonable time frame should rental property become unavailable.  A comparable property will have similar or better value, accommodations, function, unit amenities, or size as determined by the Company.  No refunds will be offered when comparable 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, 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 minus a$50 processing fee under the parameters of this agreement.

37.  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.  Violation of any of the rules contained herein will result in 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.

38.  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.

39.  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.

40.   CREDIT CARD – Guests acknowledge, understand, and agree that the moment Guests give Agents their credit card information, Agents are authorized to charge said credit card for the rental amount agreed upon.   Agents’ Cancellation Policy will govern any cancellation, rescheduling, or change after the credit card authorization. Guest is providing credit card number as a guarantee. Guest agrees to pay all rent and associated fees, accept all terms of this agreement and accept all liability for any damage not covered by the Security 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 damages or other charges as applicable under the terms of this agreement.

Vacation Property: ______________________________________________

Tenant Signature________________________________________________ Date:____________________________

Print Tenant Name:_____________________________________________