2 Bedroom Skyleaf Condo rented by Sugar Mountain Lodging, Inc.

Cancellation Policy

Cancellations made more than 30 days prior to arrival date will be entitled to a refund of paid monies minus a cancellation fee of $50 or processing fee (whichever is greater) and trip insurance premium (if applicable). Reservations canceled less than 30 days prior to arrival will not be refunded unless property can be re rented. Trip interruption insurance is available and highly recommended for all reservations.

Rental Agreement

This is a Vacation Rental Agreement under the North Carolina Vacation Rental Act. The rights and obligations of the parties to this agreement are defined by law and include unique provisions permitting the disbursement of rent prior to tenancy and expedited eviction of tenants. Your signature on this agreement, payment of monies or taking possession of the property after receipt of the agreement, is evidence of your acceptance and your intent to use this property for a vacation rental.

Agent, as agent of the Owner, hereby rents to Tenant and Tenant herby rent from Agent, the vacation property described in the contract as Unit # (referred to hereafter as the Premises) on the terms contained in the contract and this agreement.

1. Taxes: Tax rates are calculated at the time of this agreement and tenant shall be responsible for payment of all applicable taxes according to rates in effect at the time of occupancy.
2. Disbursement of rent and third party fees: Tenant authorizes Agent to disburse up to fifty percent (50%) of the rent set forth in the rental contract to owner (or as owner directs) prior to Tenant’s occupancy of the Premises and the balance of the rent upon the commencement of the tenancy, a material breach of this Agreement by Tenant, or as otherwise permitted under the Vacation Rental Act. Tenant authorizes Agent to disburse prior to Tenant’s occupancy of the Premises any fees owed to third parties for benefits procured by Agent for the benefit of Tenant, including but not limited to any fees set forth in this agreement payable to Agent for reservation, transfer or cancellation of Tenant’s tenancy.
3. Security Deposit: Short term vacation rentals will have a non-refundable security deposit waiver fee included in their reservation’s total cost. Security deposit waivers cover up to $1500.00 of accidental, non-intentional damage that might occur during your stay. Damages that are not reported, exceed $1500.00 or are intentional will be the responsibility of the leaseholder. A refundable $1500.00 security deposit is the second option. It will be charged at the time of booking and will be refunded after your departure once the property is checked for damage.
4. Trust Account: Any payment made by Tenant shall be deposited in a trust account with the Highlands Union Bank located at 115 Main St. E in Banner Elk, NC. Tenant agrees that any advance payment may be deposited in an interest-bearing trust account and that any interest shall accrue for the benefit of the owner or as owner directs.
5. Agent’s Duty: Agent agrees to provide the Premises in a fit and habitable condition. If at the time Agent is to begin occupancy of the Premises Agent cannot provide the Premises in a fit and habitable condition or substitute a reasonable comparable property in such condition, Agent shall refund to Tenant all payments made by Tenant. Agent shall conduct all brokerage activities in regard to this Agreement without respect to the race, color, religion, sex, national origin, handicap or familial status of any Tenant.
6. Cancellation: If cancellation is made before 30 days of the time for Tenant to occupy the Premises Agent shall refund all payments made by Tenant, less an cancellation fee of $50.00 or the reservation fee (whichever is greater). If cancellation is made within 30 days of the time for Tenant to occupy the Premises Tenant shall not be entitled to refund unless Premises can be re-rented. There will be a $15.00 fee if Tenant requires a change of reservation.
7. Transfer of Premises: (1) If the owner voluntarily transfers the Premises, Tenant has the right to enforce this Agreement against the grantee of the Premises if Tenant’s occupancy under this Agreement is to end 180 days or less after the grantee’s interest in the Premises is recorded. If Tenant’s occupancy is to end more than 180 days after such recording, Tenant has no right to enforce the terms of this Agreement unless the grantee aggress in writing to honor their Agreement. If the grantee does not honor his Agreement, Tenant is entitled to a refund of all advance rent paid by Tenant (and other fees owed to third parties not already lawfully disbursed). Within 10 days after transfer of the Premises, the grantee or the grantee’s agent is required to: (I.) Notify Tenant in writing of the transfer of the Premises, the grantee’s name and address and the date the grantee’s interest was recorded and (II.) Advise Tenant whether Tenant has the right to occupy the Premises subject to the terms of this Agreement or receive a refund of any payments made by Tenant. (2) Upon termination of the owner’s interest in the Premises, whether by sale, assignment, death, appointment of a receiver or otherwise, the owner, owner’s agent or real estate agent is required to transfer all advance rent paid by Tenant (and other fees owed to third parties not already lawfully disbursed) to the owner’s successor-in-interest within 30 days and notify Tenant by mail of such transfer and of the transferee’s name and address. However, if Tenant’s occupancy under this Agreement is to end more than 180 days after recording of the interest of the owner’s successor-in-interest in the Premises and the successor-in-interest has not agreed to honor this Agreement, all advance rent paid by Tenant (and other fees owed to third parties not lawfully disbursed) within 60 days after the transfer.
8. Mandatory Evacuation: If state or local authorities order a mandatory evacuation of an area that includes the Premises, Tenant shall occupy with the order. Upon compliance, Tenant will be entitled to a refund of the prorated rent for each night that Tenant is unable to occupy the Premises because of the order.
9. Expedited Eviction: If the tenancy created hereunder is for 30 days or less, the expedited eviction procedures set forth in the Vacation Rental Act will apply. Tenant may be evicted under such procedures if Tenant: (I.) Holds over in possession after Tenant’s tenancy has expired; (II.) Commits a material breach of any provision of this Agreement (including any addendum hereto) that according to its terms would result in the termination of Tenant’s tenancy; (III.) Fails to pay rent as required by this Agreement, or (IV.) Has obtained possession of the Premises by fraud or misrepresentation.
10. Indemnification and Hold Harmless; Right of Entry; Assignment: Tenant agrees to indemnify and hold harmless the Agent and the Owner from any cause, unless caused by the negligent of willful act of Agent or the Owner, or failure of Agent or the Owner to comply with the Vacation Rental Act. Tenant agrees that Agent, the owner or their respective representatives may enter the Premises during reasonable hours to inspect the Premises, to make such repairs, alternations or improvements thereto as Agent or Owner may deem appropriate or to show the Premises to prospective purchasers or tenants. Tenants shall not assign this Agreement or sublet the Premises in whole or part without written permission of Agent.
11. Pets: No pets shall be allowed on the Premises. Tenant’s breach of this provision shall be considered material and shall result in the termination of Tenant’s tenancy.
12. THERE IS NO REFUND FOR EARLY CHECK OUT.

PetsAllowed

No