Actual digital rental agreement is provided during booking for those who book directly at www.peaksandpalmsrentals.com, or shortly after booking via the Expedia/VRBO listing sites, or the Airbnb listing site. The actual rental agreement may vary slightly from the sample shown below due to either market or listing site variables.
OWNER CONTACT INFO
Thank you for choosing our cabin as part of your trip to the Great Smoky Mountains! This agreement establishes all terms and conditions for the rental of our cabin. Rental Agreement ("Agreement") is made and effective date of your booking, between April and Dave Bruder, dba "Peaks & Palms Vacation Rental Group" & dba "Moonshine Cabins", and "Guest". Once you have electronically accepted the agreement, a copy will be archived in our system and emailed to you for your records.
This Agreement applies to the Guest's originally reserved dates but also applies to any other dates which may be included if the reservation is changed.
This Agreement applies to all members of the Guest's party no matter the age or affiliation.
To reserve you must be twenty-five (25) years of age.
All reservations require a copy of your government issued ID (driver’s license, State ID, or passport) and a security deposit.
We do not accept 3rd party bookings.
We do not refund for "No Shows."
Reservations made under false pretenses are subject to termination and forfeiture of all monies paid.
PAYMENTS - Payment conditions may vary by listing/booking site
Direct Booking at www.peaksandpalmsrentals.com (peaksandpalms.com, peaksandpalms.rentals)
Expedia listing sites including Expedia.com and Vrbo.com
For the above booking methods - To book, your initial payment of 50% is due. The full balance for your stay is due 30 days prior to your arrival date. If payment is not received within 7 days of invoice, we will treat the failure to pay as a cancellation by you of your reservation, may rent the cabin to another person, and prior payments will be forfeited. Reservations made less than 30 days prior to check-in date require payment in full.
Airbnb listing site - Generally Airbnb requires full payment up front, but recently began approving some guests for a "Pay less upfront" option which will split into 2 or more payments.
Any stay at our cabins, independent of booking site, must be paid in full prior to check-in date.
· Guest assumes financial responsibility for damages or loss caused by negligence or deliberate abuse to the structure, furnishings, appliances, equipment, and grounds - wear and tear from reasonable use and damage by the elements are excepted.
· Guest acknowledges that Guest is responsible for sharing the renter agreement, and its requirements, with all members of the Guest's party and anyone else permitted onto the Rental Property by the Guest.
· Guest is responsible for payment and other facets of the responsibilities spelled out in the rental agreement.
o If the guest signing the rental agreement is not the credit card holder, the card holder must sign the rental agreement before check-in is allowed.
· Guest understands and agrees that it is the sole responsibility of the adults to safeguard children. At no time should minors (under the age of 18) be left at the property without the Guest being present.
· Guest is responsible for locking the property. Owner not responsible for lost or stolen items.
SECURITY/DAMAGE DEPOSIT and/or NON-REFUNDABLE DAMAGE WAIVER
The Damage Deposit Amount and Damage Protection Insurance Policies may vary by listing/booking site
All bookings require a Security/Damage Deposit. A security deposit (amount varies by cabin) will be authorized on your credit card before your check-in date. Upon checkout, our cleaning crew enters the cabin, and provides us with a report as they prepare the cabin for the next guest. Once we review the cleaning crew's report, the deposit is released.
Cancellation policies may vary on a listing service website service due to their respective system options, however this agreement establishes the formal/enforced cancellation policy.
The guest named on the rental agreement is the only person who may cancel the reservation and it must be done via the original method where the reservation was made.
• 100% (less fees*) if cancelled 60 days prior to the Check-in Date
• 50% (less fees*) if cancelled 31-59 days prior to the Check-in Date
• 0% will be refunded 30 days prior to Check-in Date
*A $100 administrative fee in additional to actual credit card fees will be deducted from any amount refunded for a cancellation.
If you are concerned about possible cancellation, we recommend obtaining cancellation/travel insurance to cover your trip.
We will process a refund for unused nights in the event of a mandatory evacuation.
In the late fall-winter-early spring it is common to have hazardous road conditions. Although our resort does a very good job maintaining the roads, winter road conditions and maintenance are not guaranteed. We do not refund due to road conditions or inclement weather.
Only the registered guest named on the rental agreement may notify us either in written or verbal form of the requested change for a reservation transfer. A new rental agreement will be issued that must be signed and returned. No reservations may be shortened or changed 60 days or less prior to the original arrival date.
OCCUPANCY and PARTY SIZE
We do not charge extra fees per person, but occupancy (including adults, children, AND infants) is strictly enforced in accordance with fire code, tourist permit, insurance restrictions, and preventing overload of cabin's mechanicals and utilities.
You agree and affirm that the party will consist of the number of adults and children you included when booking. At no time will the number of occupants in the cabin exceed the maximum capacity of the cabin.
· Fireflies & Moonshine 2BR Cabin: maximum of 6 total overnight guests
· Five Bears Cabin 3BR Cabin: maximum of 8 total overnight guests.
· Mudpuppies & Moonshine 5BR Cabin: maximum of 14 total overnight guests.
Over-occupancy is a violation of your rental agreement. It is also an insurance, and a permit violation - you will be evicted without refund.
CAPACITY CONSIDERATIONS & NOISE ORDINANCE
Our cabin is to be used for the quiet enjoyment of our guests and is NOT to be used for parties, large gatherings, or receptions beyond the sleeping capacity of the home. If you have need of a group facility or large gathering place, we have recommendations.
Our cabin is in a neighborhood resort with a Noise Ordinance in effect 10:00pm - 8:00am. Guest agrees to respect the Noise Ordinance and use common sense in keeping noise volume low after dark. Any police enforcement actions by the City, County, or Resort Manager are at the sole risk and expense of Guest and may result in termination of your stay without refund.
RESORT AND CABIN VIDEO SURVEILLANCE
Guest acknowledges the presence of exterior surveillance cameras. There are cameras at the resort entrance, adjacent cabins, and on the front porch of the cabin only showing the front porch and parking in front of the cabin. There are no cameras located inside the cabin or any that intrude on private space. Any tampering with or disconnecting the cameras will result in immediate termination of your stay without refund.
PET POLICY – NO ANIMALS OF ANY TYPE
Our cabins do not allow animals of any type as we welcome many families with dander allergies.
Any guest found with an unauthorized pet will be charged a fee of $250 and your stay will be terminated without refund.
There are kennels very close to the cabin, please ask if you need a referral.
Parking is limited to the spots immediately in front of the cabin only. Parking on the road is not permitted. Any illegally parked cars are subject to towing; applicable fines/towing fees are the sole responsibility of the vehicle owner.
ARRIVALS / SELF CHECK-IN
· Fireflies & Moonshine 2BR Cabin: 3:00PM eastern (local)
· Five Bears 3BR Cabin: 4:00PM eastern (local)
· Mudpuppies & Moonshine 5BR Cabin: 4:00PM eastern (local)
Our housekeepers need every minute after check-out to ensure the cleanliness of your cabin. We make every effort to ensure that the cabin is clean and ready for occupancy by the cabin check-in time. If the cabin is available for earlier check-in, we will let you know.
Please schedule your arrival to coincide with or after check-in time.
DEPARTURES / SELF CHECK-OUT
· Fireflies & Moonshine 2BR Cabin: 10:00AM eastern (local)
· Five Bears 3BR Cabin: 11:00AM eastern (local)
· Mudpuppies & Moonshine 5BR Cabin: 11:00AM eastern (local)
As the saying goes, all good things must come to an end! Because the cabin must be cleaned and prepared for the next guest’s arrival, violators will be charged a $50.00 late departure fee and could incur additional charges of $50.00 per hour. No refunds will be given for early departures.
Before you leave, please read, and follow the check-out procedures located in the guest information book and posted on the refrigerator. It is very important to ensure all doors and windows to the cabin are locked.
Our cabins are equipped with keyless locks, making your check-in process easier and faster. We will send important information (cabin address, directions, and your door entry code) via email, a few weeks prior to your arrival date. The code will not be active until check-in time on the day of your arrival and will terminate at your check-out time on the day of your departure.
Repeatedly entering the wrong code or tampering with the keyless lock could lock you out. Please explain to small children that the keyless entry is not a toy. A $60.00 Fee will be charged for a locksmith to reset the keypad.
INTERNET/CABLE TV SERVICE
Our cabin is equipped with complimentary WiFi internet access. We do not guarantee, nor can we be held responsible for, internet connectivity or internet speed. If cable, telephone, or internet service is out, we will work diligently with the provider (Spectrum) to restore the service as quickly as possible; however, a service call may be required to solve problem. No refunds will be given, or money prorated for cable, telephone, or internet access problems. Additional charges may apply for technical support needed due to issues not related to the property’s internet access, such as guest’s computer error in configuration or guests resetting the modem.
Purchasing any features, movies or shows (i.e. OnDemand or Pay-Per-View) is not permitted. Guest will be responsible for a $75 fee in addition to the cost of purchase charges incurred.
The cabin may have limited or no cellular service due to its location. We do not guarantee that your cell phone will work in the cabin, nor will any refunds be given.
TERMS OF INTERNET USE
The internet service provided is for the personal use of our guests. The guest and all those in their party agree not to use this service in a manner prohibited by any federal or state law or regulation. Transmission of any material in violation of federal or state law or regulation, including, but not limited to any copyrighted material, material protected by a trade secret or material or messages that are unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable in any manner or nature or that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation, is prohibited.
The cabin owners fully cooperate with any law enforcement investigation into illegal internet usage. We assume no responsibility for the content contained on the Internet. All content accessed or received by the User is at his or her own risk, and we shall have no liability resulting from the access or use of such content by the user.
No smoking of any kind (including tobacco, vape, and e-cig) is permitted inside the cabin. Smoking inside will incur a cleaning charge of $250 plus damages, including but not limited to the loss of rental income from future guests. Smokers should plan to smoke outside and properly and safely dispose of all smoking waste. Failure to clean up the area before departing will result in additional cleaning fees.
Please note locations of fire extinguishers on each floor and exits upon arrival. Do not tamper with smoke detectors or fire extinguishers. Immediately report any issues noticed with these fire prevention devices.
The cabin is equipped with a natural gas grill and 1-hour timer. Outdoor grills and flames in the City of Gatlinburg are regulated by city ordinance. Propane tanks are not permitted on wood decks. Charcoal grilling is not permitted within 10ft of a building structure. Violation of either of these will result in a $500 fine imposed by Mountain Shadows Resort Home Owner's Association.
In warm weather, do not set the AC thermostat below 68°, it will cause the system to freeze up; do not turn on the AC at all during winter months or when outside temperatures are below 60°
Please do not adjust temperature colder than the middle setting, it will cause the unit to shut down.
Each cabin is equipped with a gas fireplace. The fireplace is available for use October - April and works with a timer. When operating the fireplace, a capable adult must always be in the room until fireplace is off and cool. Minors are prohibited from operating the fireplace. No foreign materials are to be burned in gas fireplaces, including foods (marshmallows). Do not remove protective screen. For your safety, never move the logs in the gas fireplace. Doing so can cause carbon monoxide and heavy black soot.
All cabins in the resort are individually owned, separately operated, and furnished by the owners. Please do not remove or exchange furniture or other items in our cabin.
Linens and towels are provided and are the property of the homeowner. Please do not remove linens from the property. An initial supply of paper towels, trash bags, bathroom tissue, dish and bath soap are provided. You may need to purchase additional supplies during your stay.
POOLS & HOT TUBS
We do not refund for malfunctioning hot tubs.
An outdoor community swimming pool in the resort is available for use May - October, weather permitting. Guests may use the pool at their own risk. All children under the age of 18 must always be accompanied by an adult. NO LIFEGUARD ON DUTY.
MAINTENANCE & REPAIRS
Our cabin is very well-maintained and cleaned. However, like any home it may experience unexpected breakdowns or issues with utilities (electric, water, cable, etc.), appliances (refrigerator, stove, dishwasher, etc), or other items that are beyond our control. If something is not working, please call or text us immediately at 513-400-4636. Every effort will be made to remedy unexpected situations and to correct problems in a timely manner. You can expect a courteous and professional attitude to problem solving. Refunds will not be issued due to malfunctioning equipment or 3rd party utility service problems. After notification by telephone, email or in person, the owner or designated service providers may enter the premises to inspect, make repairs or alterations as necessary to protect property, equipment, and furnishings; in emergency situations notice may be waived.
PROPERTY USE & PROBLEM NOTIFICATION
Guests are expected to exercise safe, prudent, appropriate, and cautionary use of our property. Guests shall notify us of any element of the property that they feel needs attention and provide us a reasonable amount of response time to remedy the situation. Your silence indicates full acceptance of the unit and its condition.
The cleaning fee assigned to the cabin rental is to ensure clean accommodations - the bed sheets are changed and laundered, towels and washcloths changed and laundered, trash removed, floors swept, carpets vacuumed, counters wiped, etc. The cleaning fee does not permit you to leave dishes, food, and trash about the cabin. We expect you will have all trash property placed, and the dishes on wash cycle in the dishwasher up on your departure. Failure to follow these guidelines will result in loss of all or part of your deposit.
Upon check-in, please review the cabin and contact us immediately if it is not cleaned to your satisfaction. Our cleaning team will correct the problem in a timely and professional manner.
Any garbage must be stowed in the proper garbage container. For stays longer than 4 nights the owners will schedule a mid-week trash pick-up. Guests do not need to be present at the cabin for this service. Trash left on any porch or deck is also subject to a $50 fine imposed by Mountain Shadows Resort Home Owner’s Association.
INSECTS & WILDLIFE
Our cabin is professionally treated by a licensed pest control company. Please realize that you are in the Great Smoky Mountains and you may occasionally have uninvited guests. Ladybugs may swarm and cobwebs can appear overnight. Refunds will not be given for visits from these natural and uninvited guests.
LOST AND FOUND
We make every effort to locate and return lost items but are not responsible for lost items we do not find. If you leave something behind, please call us and if located, we will be sure to get it back to you asap.
This Agreement/Contract shall be governed by and interpreted in accordance with the laws of the State of Tennessee and be treated as though it were executed in the County of Sevier, State of Tennessee. Any action relating to this Agreement/Contract shall be instituted and prosecuted only in the Sevier County Court, Tennessee. Guests specifically consent to such jurisdiction and to extraterritorial service of process. If any section, clause, paragraph or term of this Agreement is held or determined to be void, invalid or unenforceable, for any reason, all other terms, clauses or paragraphs herein shall be severed and remain in force and effect. This Agreement is taken in full compliance with federal, state and local Fair Housing Laws, without regard to race, color, religion, gender, country of origin, handicap or familial status.
INDEMNIFICATION AND HOLD HARMLESS
Guests acknowledge, understand, and agree that Guests shall be solely responsible for any property damage, accident or injury to any person or loss sustained by any person, 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 the Owner. 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 Homeowners harmless from any and all claims including those of third parties, arising out of or in any way related to Guests use of premises or the items of personal property provided therein. Guests hereby agree to hold homeowner, its Owners, employees and officers harmless and to indemnify same against any and all claims which may arise during and after the course of rental as a consequence of any acts or omissions of cabin owner, employees and officers. Guests assume the risk of injury or other losses relating to any recreational activities and will hold owner and its Owners harmless with respect there to.
Thank you for choosing our cabin as part of your vacation in the Great Smoky Mountains!