Vacation Rental Agreement - Above and Beyond Mountain Rentals

This vacation rental agreement is governed by the North Carolina Vacation Rental Act, and it outlines the rights and obligations of all parties involved. By accepting this agreement, making payments, or taking possession of the property, you confirm your acceptance and intent to use the property for vacation purposes.

1. Agency

Above and Beyond Mountain Rentals (hereinafter referred to as "the Agent") serves as a Property Management Company, specializing in the rental of private homes, condominium units, cottages, and cabins on behalf of property owners. Neither the property owner nor the Agent assumes responsibility for any loss of the tenant's personal property, accidents, injuries, or damages resulting from any cause during the tenant's stay, including acts of nature, skiing conditions, recreational activities, weather, or road conditions.

2. Road & Weather Conditions

Mountain weather can be is unpredictable, with rain, fog, snow, sleet, or ice causing unexpected and hazardous driving conditions, especially from December to March. Guests are required to have a 4-wheel drive or all wheel drive vehicle and/or chains and the ability to drive safely in snow and ice. It is your responsibility to arrive fully prepared, and no refunds, allowances, or date changes will be provided due to negligence in this regard. Renter safety is our first priority and if the weather is extreme enough a delay in your check-in time may be issued at the agent’s discretion, reservations during winter are additionally subject to cancellation if the weather conditions are unsafe for renters. Renters will need to make additionally plans in the event weather conditions prohibit rental access or cause a reservation cancellation. If the weather conditions result in a cancellation you will be refunded 100% if the reservation needs to be cancelled, if the reservation needs to be cancelled due to renter negligence and not bringing an adequate vehicle there will be no refund.

3. Charges

All reservations are subject to a reservation processing fee, applicable taxes, and a maintenance fee. A fifty percent (50%) rental fee payment is required 14 days before arrival submitting the rental agreement, due within 24 hours of the 14 day mark before your arrival. Failure to meet this deadline will result in cancellation without notice. The remaining payments, including the damage deposit (if applicable), security deposit waiver fee, state and local taxes, processing fee, resort fee (if applicable), and pet fee (if applicable), are due fifteen (7) days before arrival. Reservations made within fifteen (10) days of arrival must be paid in full at the time of booking.

4. Payment Policy

Reservations made within fifteen (10) days of arrival require full payment at the time of booking. Payments may be deposited in an interest-bearing account, and any accrued interest is disbursed to the Agent.

5. Cancellation Policy

All reservation sales are final. Cancellation requests must be communicated to our office immediately. Any changes, including date changes, property switches, or complete cancellations, are subject to the cancellation policy. 

6. Cancellation Policy Details

Agent recommends that all tenants consider purchasing travel insurance to protect against unexpected events. Agent cannot provide future credits or immediate refunds for unexpected cancellations due to emergencies, including but not limited to weather events, acts of nature, illness, injury, changes in plans, or job loss. Active members of the Military and Armed Forces must provide written proof of orders affecting travel and a copy of their military ID to qualify for a cancellation with a refund.

a. Cancellations more than fifteen (15) days from the arrival date (or more than thirty (30) days for stays of twenty-five (25) days or more) are eligible for a refund of prepaid deposits, less a $50.00 cancellation fee, if Agent can re-rent the property for the original dates at or above the original rate. If re-rental is not possible, Tenant forfeits up to fifty percent (50%) of the rental fee. If some or all of the dates are re-booked at a lower rate, Tenant forfeits the $50.00 cancellation fee plus half (1/2) of the rate difference.

b. Cancellations less than fifteen (15) days from the arrival date (or less than thirty (30) days for stays of twenty-five (25) days or more), when full payment is due, may result in Tenant forfeiting the entire rental amount. If the property is re-rented for the original dates at or above the original rate, Tenant will receive a refund of all prepaid rental fees, less the $50.00 cancellation fee. If re-rental is not possible, Tenant forfeits the entire rental fee. If some or all of the dates are re-booked at a lower rate, Tenant receives a pro-rated refund equivalent to the rental fees collected with any new reservations for those dates.

Please note that changes in dates by more than three (3) days, changes of properties, or complete cancellations are considered reservation cancellations. Failure to check in on the scheduled date without notifying Agent results in the forfeiture of all rental payments and reservation rights, effective at 10:00 am on the following day.

In the event that the Agent cancels the Tenant's reservation due to property issues, the Agent will attempt to provide alternative accommodations or refund the rental money or pro-rated portion.

7. Check-In and Check-Out

Check-In: Check-in typically begins at 4:00 pm for most properties. Please time your arrival accordingly, as early arrivals may find the property unprepared. No refunds, credits, or late checkouts will be granted for early arrivals. During holidays and busy seasons, check-in times may vary, especially for larger homes. If you have a property with a coded lock, access is granted at 4:00 pm on your arrival day.

Check-Out: Most homes require vacating the property by 11:00 am on the departure day. Keys must be left at the property if a lockbox is present; otherwise, no further action is necessary. A $25.00 charge will apply for lost keys.

8. Responsible Party

The individual who reserved the property is responsible for ensuring that all occupants adhere to rental policies, procedures, and restrictions. Aside from normal wear and tear, the responsible party is accountable for reimbursing the Owner for any property damage or content damage during their stay. The responsible party must be at least twenty-five (25) years old and is required to stay in the property for the reserved time.

9. Rental Capacity

Please carefully review the property's occupancy limits as detailed on the website description. This represents the MAXIMUM number of occupants, including children, allowed on the property at any time. Unauthorized additional guests will be charged $35.00 per person per day and may result in eviction. Authorization for extra guests for gatherings or other short-term events must be obtained in writing before finalizing the reservation.

10. Equipment Failure, Housekeeping, and Other Inconveniences

All equipment in the property should be in working order. Please report any equipment issues to the office immediately. Efforts will be made to rectify the issue, but no refunds will be provided for mechanical failures. Agent will address inconveniences that are within its control and do its best to rectify them. Inconveniences not warranting a refund include equipment breakdowns (TVs, VCRs, DVD players, satellite systems, stereos, hot tubs, appliances), cleaning issues, power, cable, internet, water, or telephone outages, construction in the area, insects, rodents, bad weather, poor ski conditions, or hazardous road conditions.

Properties are thoroughly cleaned and sanitized before your arrival. If you are dissatisfied with the initial housekeeping, please notify the office immediately, even after hours. While no refunds are granted for unsatisfactory housekeeping, we will make reasonable efforts to accommodate your needs.

11. Accidental Damage Maintenance Fee

The non-refundable Security Deposit Waiver Fee is charged to your reservation and covers accidental damage to the property during your stay. Damage excluded from coverage includes intentional damage, damage caused by pets (if not pet-friendly), or any damage not considered accidental. All damage must be reported immediately to brandon@aabmr.com or by phone at 512-971-4960. The Maintenance Fee does not absolve guests of their responsibilities and is non-refundable.

13. Air Conditioning

Some properties do not have air conditioning. Guests must check the property description for amenities, including air conditioning. Agent is not responsible for weather conditions during your stay, and no refunds or property switches will be granted due to the absence of air conditioning.

14. Pets

Pet-friendly properties require prior approval for up to two dogs, subject to a non-refundable pet fee of $150 per dog. Pets are strictly prohibited on properties not specified as pet-friendly. Breach of this policy results in forfeiture of all payments and termination of tenancy. All pets must be treated for ticks, fleas, worms, and parasites before arrival. Please note that properties listed as non-pet-friendly cannot guarantee that pets have never been on the property.

15. Privately Owned Properties

Properties managed by Agent are privately owned and reflect the preferences and needs of the property owners. Property conditions and furnishings vary accordingly. While we strive for accurate property descriptions, we are not responsible for changes made by the owner to furnishings or equipment. No refunds are provided for differences in property decor or minor discrepancies with the website.

16. Number of Cars

Some communities enforce strict vehicle limits, prohibiting motorcycles, RVs, or trailers. Tenants must adhere to these regulations during their stay, as outlined on the property's internet listing.

17. Substitution

We reserve the right to substitute accommodations if necessary due to circumstances such as natural disasters or accidents rendering a property uninhabitable. If your chosen property becomes unavailable, we will contact you to offer alternative options or provide a full refund.

18. Pay-Per-View Television

Pay-Per-View television channels, including HBO, special sporting events, ShowTime, and others, are not included in your rental unless specified otherwise on the internet listing. Viewing PPV programs is prohibited and may result in additional charges.

19. Arrival Supplies

Properties are equipped for light housekeeping and come with linens and towels. A STARTER SET of toilet tissue, paper towels, bath toiletries, dish soap, and trash bags is provided, typically sufficient for one or two nights. For extended stays, please bring additional supplies or purchase them locally.

21. Tenant Duties

Tenants must comply with the Vacation Rental Act's obligations regarding Premises maintenance and cleanliness, as well as comply with all criminal laws and government regulations. Smoking tobacco or marijuana, using e-cigarettes, vaping, or incense is prohibited inside the property. Evidence of smoking indoors will result in a $300 smoke removal home restoration fee.

22. Owner's Closets or Locked Areas

Locked closets and other areas are reserved for Owners' personal property and are not part of the rental.

23. Agent's Duties

Agent commits to providing the property in a habitable condition. If this cannot be achieved or an equivalent property is unavailable, Agent will refund all payments. Agent conducts all brokerage activities without discrimination, per the law.

24. Items Left in Unit

Agent is not responsible for items left in rental units. If valuable items are left behind, Agent will attempt retrieval at the Tenant's expense but cannot guarantee success.

26. Mandatory Evacuation

In the event of a mandatory evacuation of the area containing the property, Tenant must comply with the order. Upon compliance, Tenant is entitled to a pro-rated rent refund for each night of occupancy lost due to the order. However, no refund will be provided if, prior to occupancy, Tenant refused insurance offered by Agent covering losses due to evacuation orders or if Tenant purchased insurance from the landlord or real estate broker. Insurance offered is provided by a North Carolina Department of Insurance authorized company, with a cost not exceeding eight percent (8%) of the total rent.

27. Entry for Repairs and Expedited Eviction

Agent may need to enter the property for maintenance or repairs during reasonable hours. If the tenancy is for thirty (30) days or less, the expedited eviction procedures outlined in the Vacation Rental Act will apply.

28. Indemnification and Hold Harmless

Tenant agrees to indemnify and hold harmless Agent and the Owner against any liability for personal injury or property damage, unless caused by Agent's or Owner's negligence or violation of the Vacation Rental Act. Tenant allows Agent, Owner, or their representatives entry during reasonable hours for property inspection, repairs, alterations, improvements, or showing to prospective tenants or buyers. Tenant may not assign this Agreement or sublet the property without written permission from Agent.

29. Policy on Events and Large Gatherings; Excess Noise

If Tenant wishes to host any form of event, gathering, reunion, or other occasion at the Property, written permission from Agent is required before the reservation is accepted. Unauthorized gatherings will result in immediate eviction without a refund. Tenant will also be subject to fines, damages, additional cleaning, and trash removal charges. Neighborhood and county noise restrictions apply throughout the rental period.

30. Court Jurisdiction

This agreement is governed by the laws of the State of North Carolina. Any disputes related to this agreement shall be submitted to the Federal courts in Burke County, North Carolina, or the State courts in Watauga County, North Carolina. Both parties expressly waive any objections or defenses regarding personal jurisdiction. In the event that Agent must seek legal remedy, Tenant is responsible for all attorney's fees and court costs.

31. Hot Tub Safety Instructions

HOT TUB SAFETY INSTRUCTIONS

Ensuring the safety and hygiene of our hot tubs is of paramount importance to us. By following these guidelines, you can enjoy a pleasurable and healthy hot tub experience during your stay.

Hot tubs differ from regular bath tubs as they are not drained after each use. Therefore, it is essential to maintain a proper sanitizing system to keep the water crystal clear and free of harmful microorganisms.

The warm water in hot tubs creates an ideal environment for potential microorganism growth. Bacteria from our bodies, airborne mold spores, algae, and even viruses can find their way into the water if not properly controlled.

To minimize the risk of contamination, it is recommended that all bathers shower before entering the hot tub. This helps reduce immediate bacteria levels on the body. Additionally, we advise washing swimwear thoroughly in water before use to remove any excess detergent. Fortunately, if at least one adult renter can assist in chlorinating the hot tub after each use, it can effectively eliminate these microorganisms and maintain a safe and healthy environment.

 

To protect yourself from waterborne illnesses, please follow these steps:

1. Before & after each use, dip a test strip into the hot tub water.

2. Look for the presence of purple on the test strip (1st or 2nd pad down).

3. If purple is present, you may turn off the jets and secure the cover.

4. If purple is not present, turn on the jets, add 1-2 teaspoons of chlorine granules (sanitizer), wait 10 minutes, and retest by using a new test strip. Repeat this process until the desired purple color is achieved.

Please note: pH and alkalinity levels have been adjusted by a professional hot tub management company prior to your arrival. While these levels may gradually decrease during your stay, they will not compromise your safety as long as the chlorine levels are maintained. A chemical box containing necessary chemicals and test strips can be found next to the hot tub for your convenience.

 

Your well-being and enjoyment are our top priorities. By adhering to these precautions and maintaining proper water chemistry, you can relax and fully appreciate the hot tub experience. If you have any further questions or concerns, please do not hesitate to contact us.

34. Intended Third-Party Beneficiaries

This agreement recognizes that all individuals using the property, as a result of Tenant's execution of this agreement, are intended third-party beneficiaries. Each individual is bound by the terms of this agreement and the Rental Policies of Agent. Tenant agrees to make all individuals aware of these terms and conditions and their obligation to adhere to them. Without the agreement of all individuals to these terms and policies, they are not permitted to use or stay at the property.

35. Acceptance of All Stated Terms and Conditions

By proceeding with your booking and signing the rental agreement, you certify your understanding and acceptance of all the rules and policies outlined herein, as well as any specific property restrictions. You further certify that you are executing this agreement on behalf of all individuals in your party. Failure to adhere to these rules and policies may result in the forfeiture of your deposit and/or denial of occupancy without refund.