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This Rental
Agreement constitutes a contract between the Guest(s) and DTS Real Estate
Holdings, LLC. (Host).
- Guest(s) must be at least 21
years old to make a reservation.
- A 50%
advance deposit is required to secure a reservation.
- Reservations are not confirmed
until guest receives confirmation notice.
1.
TERMS/DEFINITIONS - For the purpose of this Agreement, DTS Real Estate
Holdings, LLC shall be defined as the agent and representative for the
owner of all vacation properties on it's rental program and shall hereafter be
referred to as "Host." The term "Rental Cabin" refers to the vacation
properties offered for short term rental by and managed by Host. Any
individual(s) entering into this Agreement for the purpose of renting said
Rental Cabin(s) shall be defined as "Guest(s)." The term “Guest(s),” “You,” and
“Your” as used in this Agreement shall include Guest's heirs, successors,
assigns, guests, invitees, representatives and other persons at the Rental Cabin
during Guest's occupancy (without regard to whether such persons have authority
under this Agreement to be upon the premises of the Rental Cabin), where the
context requires or permits.
2. CHECK-IN - Check-in time
is 4:00 PM.
3. CHECK-OUT - Check-out time is 11:00 AM and
is strictly enforced. Unless prior arrangements are
made in writing with Host, any Guest(s) who does/do not vacate the Rental Cabin
by 11:00 AM or who returns to the premises without the consent of Host after
check-out will be assessed a fee equal to the rental rate for one (1) day.
4. ACCEPTED FORMS OF
PAYMENT - Host accepts Check, Money Order,
Visa, MasterCard, and Discover Card. Host does not accept cash.
5. RESERVATION
DEPOSIT - A 50% advance deposit is required to hold a reservation.
This "Reservation Deposit" will be charged to Guest's credit card upon acceptance
of this Agreement. An acknowledgement via email constituents
a signature and agreement of this rental policy.
6. ADVANCE PAYMENTS
-
The remainder of the rent less the 50%
reservation deposit will be charged to Guest's credit card or guest can
send a check. The final payment must be received thrity (30) days prior to Guest's
arrival date. If Guest books a reservation less than thrity (30) days
prior to Guest's arrival date, the total amount due for the stay will be charged
to Guest’s credit card at the time of booking.
7. SECURITY/DAMAGE AUTHORIZATION
-
Guest(s) acknowledge(s) Host's authority to charge Guest's
credit card for damage to the Rental Cabin occupied by Guest(s), Guest's family, Guest's
invitees, and Guest's guests. If there is damage to the Rental
Cabin or it's content/property, including but not limited to unintentional and
incidental damage, intentional damage, theft, or damage requiring excessive
cleaning following Guest's departure, Guest will be notified of the cost related
to any excessive cleaning or repairs and the amount will be charged to Guest's
credit card.
8. CANCELLATION/REFUNDS
- If Guest(s) cancels more than thirty (30) days prior
to the scheduled arrival date, Guest's 50% reservation deposit will be refunded minus
10% cancellation fee. If Guest(s) cancels less than thirty (30) days prior
to the arrival date, Guest will received a credit towards a future
stay with Host that must be redeemed within one year of cancellation otherwise the
full deposit is forfeited. For a refund of the reservation deposit,
Guest(s) must send written notice of cancellation
via e-mail or via a mail delivery service to the below address at least thirty (30)
days prior to Guest's
scheduled arrival date:
DTS Real Estate
Holdings, LLC 4472 Millbrook Lane
Mason, OH 45040
No
refunds will be made for early departures, for delayed arrival, for reducing the
number of nights reserved, for re-schedules due to inclement weather or for any
other reason.
9. RESERVATION CHANGE FEE -
All changes to confirmed reservations are subject to a non-refundable $25.00
re-scheduling fee per change. All changes must be requested at least thirty
(30) days prior to Guest's scheduled arrival date. Host may review cancellation
requests less than thirty (30) days prior to Guest's scheduled arrival date, and,
at Host's own discretion, may approve a re-scheduling with an administration fee
at a rate of 50% of all advance payments. Guest(s) who cancels a revised
reservation that had been re-scheduled less than thirty (30) days prior
to Guest's originally scheduled arrival date will forfeit all advance
payments.
10. NO SHOW POLICY - The 50%
reservation deposit and all advance payments will be forfeited if Guest(s)
fails to check in.
11. CONFIRMATION -
Confirmation of the reservation will be mailed, faxed, or e-mailed to Guest(s)
upon receipt of a copy of the signed Agreement and 50% reservation
deposit. Guest(s) should review the confirmation for accuracy of dates,
mailing address, number of adults and/or children and accommodations.
Guest(s) must notify Host of any discrepancies in the reservation within seven days of receiving
confirmation of the reservation. Guest(s) is/are to send written notification of reservation discrepancies to Host
via e-mail at schusterrentals@yahoo.com
. 12. Insects
– While all units are
sprayed monthly by a professional pest control company - wasps, ladybugs and
other insects sometimes affect rental units. We are in the Great Smoky Mountains
and sometimes we have unwanted little guest that might decide to visit you and
your family.
13. Maintenance - When you arrive
and find something is not working, please notify our maintenance personnel ASAP!
We do everything to keep all equipment in good working order. If something is
not working properly, we will do our best to get it up and running for your
stay. Upon your arrival we will give you an after hour emergency number. If you
call after hours to report something and it is a true emergency then you will be
contacted back ASAP, if it is not a true emergency and it can wait to business
hours, then you will not be called back till the following day.
14. SMOKING - Smoking is not
permitted inside the Rental Cabin. Smoking outside the cabin is permitted;
however, Guest(s) is/are requested to dispose of cigarette butts in garbage can
provided on outside decks. Failure to comply with this policy will result in a
$200 security/damage charge to Guest's credit card.
15. PROHIBITED
ITEMS -
Guest(s) is/are strictly prohibited from
bringing illegal drugs, kegs, candles, incense, BBQ grills, or electric,
kerosene or propane heaters onto the premises of the Rental Cabin. Failure to comply with this
policy will result in immediate eviction and loss of the reservation deposit and
all advance payments.
16. COMPLIANCE WITH
LOCAL/STATE/FEDERAL LAWS - Guest(s) agrees to abide by all local, state, and federal laws,
regulations, and statutes including, but not limited to, illegal drug use and
under age drinking of alcoholic beverages. Failure to comply will result in
immediate eviction and loss of the reservation deposit and all advance
payments.
17. PETS - Guest(s)
acknowledges that pets are allowed in or on the premises of the Rental
Cabin. Pets must be contained in a crete when guest(s) is not occupying the Rental
Cabin.
18. HOMES ~ FURNISHINGS ~
EQUIPMENT ~ ETC. - All Rental Cabins are
privately-owned property, furnished and equipped by the owner. Decor,
style, and color may vary. Furnishings are subject to change without notice.
Under no circumstances are furniture, bedding, mattress pads, utensils or any
other property supplied with the Rental Cabin to be removed. Failure to comply with this
policy will result in a $200 security/damage charge to Guest's credit card as
outlined in Section 7 - SECURITY/DAMAGE AUTHORIZATION. The cost to replace
removed furnishings and related items and the cost to repair damage to the
Rental Cabin or furnishings in excess of normal wear will be charged to Guest's
credit card. Certain areas in each cabin are locked for storage and are not
included in this rental.
19. OWNER'S CLOSET
- The owner
maintains an area in each Rental Cabin that is locked
for storage and is not included in this rental.
20. SUPPLIES - Each Rental
Cabin is provided a supply of bed linens, bath towels, blankets, pillows, dish soap, hand soap, dish washer soap,
toilet paper, paper towels, and garbage bags. These items will
not be replenished during Guest's stay.
21. MAID SERVICE - Maid
service is not provided during Guest's stay.
22. CHECK-OUT
PROCEDURES/CLEANING REQUIREMENTS - Guest(s) are required to leave the Rental
Cabin in the same general condition it was when Guest(s) arrived. Guest(s)
should:
(a) wash, dry, and put away dishes, pots,
pans, silverware, and utensils. (b)
clean out food and beverages from the refrigerator. (c) place all
dirty sheets and towels in the bathtub on each level. (d) turn the
thermostat on each level to 80° F in the summer and 65° F in the
winter. (e)
place all trash in outside garbage
cans. (f) close all
windows, and lock all doors leading to outside decks. (g) press the
lock button on the front door as you leave.
Failure
to comply with these procedures will result in a $200 charge to Guest's credit
card as outlined in Section 7 - SECURITY/DAMAGE AUTHORIZATION. Host will
dust, vacuum, sanitize, and clean all towels and linens upon Guest's departure.
Guest(s) is/are responsible for any damage, abuse, excessive cleanup
requirements, or loss to the Rental Cabin or its contents caused by any member
of Guest's party during Guest's occupancy. Each Rental Cabin is inspected
and furnishings inventoried after check-out to ensure the Rental Cabin is left
in good order. Host will make final determination of the necessity of any
charges to Guest(s).
23.HOT TUB SAFETY - Guest(s) with heart disease,
diabetes, high or low blood pressure or any serious illness, and pregnant
women should not enter the hot tub without prior consultation with their
physician. People with skin, ear, genital or other body infections, open sores
or wounds, should not use the hot tub due to the possibility of spreading
infection. Shower with soap and water before and after using the hot
tub. Do not allow the hot tub's water temperature to exceed 104 degrees
Fahrenheit (40 degrees Celsius). Do not soak for more than 15 minutes at
one sitting in 104 degree Fahrenheit (40 degree Celsius) water. Do not use
the hot tub alone or while consuming alcoholic beverages or during/after using
over-the-counter or prescribed medications that may cause sleepiness,
drowsiness, or raise or lower blood pressure. Do not use the hot tub while
under the influence of medication or immediately after consuming a heavy
meal. Illegal drug use is strictly prohibited. Enter the hot tub
slowly and cautiously. Children
under the age of 12 are prohibited from using the hot tub unless accompanied and
supervised by their legal guardian. Guest(s) should not
tamper with hot tub
support equipment, dive or jump into the hot tub,
totally submerge under the water surface, or allow foreign matter of any kind in
the hot tub at any time.
24. EXTRA HOT TUB CLEANING - The hot tub has been cleaned
prior to Guest's arrival. There will be a $35.00 charge if Guest(s) requires an
additional cleaning of the Hot Tub during Guest's stay.
25. HOT TUB COVER - Do not stand or sit on the hot
tub cover. Damage to the hot tub cover will result in a $350 charge to
Guest's credit card.
26. REPAIRS/SERVICE CALLS
- Host cannot guarantee against mechanical failure of heating, air conditioning,
hot tub, TVs, satellite receivers, DVD players, VCRs, or other appliances
and electronics. Please report any in-operative equipment immediately by calling
865-322-1358. Host will make every reasonable effort to have repairs made
quickly and efficiently. Should a repair person make a call to a Rental Cabin
and find that the equipment is in working order and the problem was due to the
Guest's oversight or neglect, the charge for service will be the Guest's
responsibility. Guest(s) understands and agrees
that Host may enter the Rental Cabin at any time for the purpose of making
needed repairs. No refunds or rent reductions
will be made due to failure of appliances, electronics or equipment.
27. ACTS OF GOD/CONSTRUCTION
NOISE - Host shall not be liable for events beyond its control which may
interfere with Guest's occupancy, including but not limited to, Acts of God,
acts of governmental agencies, fire, strikes, war, inclement weather and
construction noise from nearby sites. NO REFUND will be offered in
these circumstances.
28. RATES - Host has made
every effort to ensure that the information on the DTS Real Estate Holdings,
LLC. website is current and accurate. The possibility of errors and
omissions exists. We will be happy to confirm all data contained herein or
answer any questions you may have prior to booking your reservation. Rates,
furnishings, fees, and taxes are subject to change without notice.
Rates do not include lodging tax and are subject to change. A two-night
minimum is required year-round, excluding holidays & special events. See our
website for details.
29. DOUBLE BOOKINGS - In
the event that Guest's reservation for the Rental Cabin overlaps or matches the
reservation of another Guest, Host reserves the right to relocate Guest(s) to a
different DTS Real Estate Holdings, LLC. Rental Cabin or that of another
company. Every effort will be made to ensure that the replacement cabin is
reasonably comparable to the original Rental Cabin booked. Host shall have the
sole right to select such replacement Rental Cabin. Host agrees to pay any
additional charges due in excess of the rental amount for the replacement Rental
Cabin and/or refund any amounts paid by Guest(s) in excess of the replacement
cabin rental amount. Guest(s) will have the option to (1) accept the replacement
Rental Cabin or (2) reject the replacement Rental Cabin and receive a refund of
all rents and fees paid for the Rental Cabin. Guest(s) agree that Guest's choice
between these alternatives will be Guest's sole remedy for any and all damages,
liability, or inconvenience arising out of a double booking.
30. OCCUPANCY -
Guest(s)
understands that Host will accept families (with or without children), married
couples, and responsible adults over the age of 21 ONLY. Guest(s) agree that
more than the number of people stated on the reservation request shall not
occupy the premises of the Rental Cabin overnight. Occupancy in use of
premises shall not be such as to disturb or offend
neighbors. Guest(s) certify that they have read carefully the
limitations placed on the number of persons permitted to occupy the premises,
and agree to abide by such limitations. If not, Guest(s) will be asked to
vacate the cabin which will result in loss of total rental and security deposits
with no refund.
31. FIREARMS/FIREWORKS -
The use of
firearms, or fireworks is strictly prohibited. Failure to comply with this
policy will result in immediate eviction and loss of the reservation deposit and
all advance payments.
32. EXPEDITED EVICTION - A
material breach of this Agreement by Guest(s), which, in the sole determination
of Host, results in damage to the Premises, personal injury to Guest(s) 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 Guest's tenancy.
33. INDEMNIFICATION
AND HOLD
HARMLESS –
Guest(s) agrees to indemnify and save harmless Host for any liabilities, theft,
damage, cost or expense whatsoever arising from or related to any claim or
litigation which may arise out of or in connection with Guest's use and
occupancy of the Rental Cabin, including but not limited to, any claim or
liability for personal injury or damage or theft of property which is made,
incurred or sustained by Guest(s).
34. DISPUTES - This
Agreement shall be governed by and interpreted in accordance with the laws of
the State of Tennessee, and shall be treated as though it were executed in the
County of Sevierville, State of Tennessee. Any action relating to this Agreement
shall be instituted and prosecuted only in the Sevierville County Superior
Court, Tennessee. Guest(s) specifically consent to such jurisdiction and to
extraterritorial service of process.
35. DTS Real Estate Holdings
, LLC. RESERVES THE RIGHT TO REFUSE SERVICE TO ANYONE - All Rental
Cabins are leased without regard to race, color, religion, sex, national origin
or handicap.
36. EVENTS OF DEFAULT AND
PENALTIES - If Guest(s) violates any of the conditions of this Agreement;
Host may terminate this Agreement and enter Premises. Upon notice of termination
of this Agreement, Guest(s) shall vacate the Premises immediately and forfeit
all rents and deposits.
37. CREDIT CARD - Guest provides his/her credit
card number as a guarantee. Guest agrees to pay all rent, accept all terms of
the rental agreement, and accept all liability for any damage beyond normal wear
and tear during the term of Guest's stay with Host. If Guest fails to do so,
Guest understands that these costs will be charged to Guest's credit card, and
Guest understands that all credit card sales are final.
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