All adult guests must be age 25 and older. We will require a copy of your government-issued photo ID, along with a list of names of all adult guests within 24 hours of booking.
We require all guests to acknowledge rental agreement via email. This Short-term Rental Agreement (the “Agreement”) is made by and between the Owners of Bear Creek Lodge and GUEST, (“Guest”) as of the electronic acceptance date of this Agreement. For good and valuable consideration, the sufficiency of which is acknowledged, the parties hereby agree as follows: By confirming your booking you agree to adhere to the Rental Rules set forth in this listing.
1. Property: The property is furnished and includes household appliances, furnishings, decorations, artwork, linens, towels, kitchenwares, audio/video equipment and personal property.
2. Rental Party / Maximum Occupancy: The rental party shall be limited to the number listed on the rental reservation. The maximum number of guests is limited to 12 persons for Bear Creek Lodge. People other than those in the Guest party set forth in the on-line agreement may not stay overnight in the property. Any other person in the property is the sole responsibility of Guest. Guests are not allowed to exceed the occupancy limit agreed to in the on-line itinerary. Absolutely NO more than 12 persons (including infants) are allowed in the cabin at any time due to local fire codes.
3. Terms of the Lease. The rental period begins at 4pm on the dates in the reservation and will end at 10am on the check out date. Check in time is 4pm and check out time is 10am.
4. Rental Rules: Guest agrees to abide by the Rental Rules as set forth in the beginning of this document, and as provided in the Guidebook upon booking, at all times while at the property and shall cause all members of the rental party and anyone else the Guest permits on the property to abide by the same rules at all times while on the property. Should Guest violate these rules, Owner reserves the right to cancel this rental immediately with NO refund due to Guest.
5. Noise. Guest understands and agrees that they, and all members of their rental party will be respectful to our neighbors. The code-enforced neighborhood quiet hours start at 11pm. Any violation of this rental agreement and Guest will be required to leave immediately, with no refund for any unused rental time. If you plan to party, do NOT book this cabin.
6. Access: Guest shall allow Homeowner access to the property for the purposes of repair and inspection. Homeowner shall exercise this right of access in a reasonable manner.
7.Parking: Parking is limited to 3 vehicle(s). Vehicles are to be parked in designated parking areas 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.
8. Condition of Property: Guest shall return premises in the same condition as received. As a part of the rental agreement, Guest will pay a $225 cleaning fee which includes a normal “turn” cleaning. Guest agrees they will be responsible for excessive additional cleaning if needed, and hereby agrees to have additional cleaning fees deducted from their security deposit.
a.Housekeeping: There is no daily housekeeping service. While linens and bath towels are included in the unit, daily maid service is not included in the rental rate. We do not permit towels or linens to be taken from the units. Check Out is at 10am. Before you leave, we ask that the items below be completed to help our housekeeper quickly prepare for the next guest. Please load all dishes into the dishwasher and run it on the normal cycle. Please remove and dispose of all items in the refrigerator. Leave sheets on the bed. Secure all garbage and place in the outside bear-proof containers.
b. Cleaning: The property will be inspected and cleaned after departure. The rental fee includes laundry service for the towels and linens. Tenant is required to leave the property in the same general condition that it was received in by making sure that dishes are washed, trash is picked up, and house is generally ready to be vacuumed, dusted and laundered.
c. Damage: Keep the property and all furnishings in good order, removing any items from the cabin including living and kitchen furnishings is not permitted. Any damage to any items in the cabin including couches, chairs, tables, TVs, pool table, hot tub, beds, sheets, towels, pillows, etc, are the responsibility of the renter. Every item will be looked at before arrival and after departure. If you cause damage, notify the owner immediately. We will find it and charge you regardless. It is our home. Treat it as if it were your own. Failure to comply with the above rules will result in non-return of security deposit and possible additional charges.
d. Smoking: Smoking is NOT allowed and Drugs of any kind are NOT permitted. Any evidence of smoking inside the property will result in immediate eviction and forfeiture of all amounts paid and will result in additional cleaning charges to the guest, showing as Excess Damage Cost and will be charged against the credit card on file.
e. Pets: No animals of any kind are allowed. Should Guest violate these rules, Owner reserves the right to cancel this rental immediately with NO refund due to Guest. Additional cleaning fees may be assessed.
f. Fireplace: The fireplace is a non-vented propane gas log fired firebox. Please do not throw any paper or other combustible materials in the fireplace. Fireplaces are turned off from April 1 to October 1. They are not operational during this time of the year.
g.Hot Tub: Children under the age of 18 are not permitted in hot tubs at any time without adult supervision. When using the hot tub, remember there is a certain health risk associated with this facility. Do not drink alcohol while using hot tub. Do not have glass containers near the tub. Use at your own risk. Our housekeepers drain, sanitize, refill and replenish chemicals in all tubs prior to your arrival; therefore, it may not be warm until later that evening. The hot tub is all ready for you and should be set no lower than 95 or more than 104 degrees at all times – DO NOT STAND ON THE HOT TUB COVERS. Hot tub covers are for insulation purposes and are not designed to support a person or persons. They will break and you may be charged for replacement. Remember when not using the hot tub, leave cover on so hot tub will stay warm.
h.Septic: The cabin is on a septic system. The septic system is very effective; however, it will clog up if improper material is flushed. DO NOT FLUSH anything other than toilet paper. No feminine products should be flushed at anytime. If it is found that feminine products have been flushed and clog the septic system, you could be charged damages of up to $1000.
i. Garbage: Any garbage must be stowed in the proper bear-proof garbage receptacle, located near the driveway.
9. Cancellation Policy: Guests who cancel within 48 hours of booking will receive a full refund, as long as the check-in date is at least 14 days away. Guests who cancel at least 7 days before check in will receive a 50% refund. No refunds will be issued if cancellations are made within 7 days of check-in.
10. Travel and Vacation Rental Insurance: Life is unpredictable, therefore, we encourage all guests to purchase travel insurance. If purchased by you, this insurance reimburses you for prepaid non-refundable expenses due to certain unforeseeable circumstances that may jeopardize your vacation investment and force you to incur unplanned expenses. This can include but is not limited to sudden illness, death in the family, or property unavailability due to Force Majeure. It is strongly recommended that Guest purchase this valuable protection.
Owner is not responsible for the relocation of Guest should the house become non-habitable due to the acts of God, such as wildfire, floods, tornadoes, earthquakes and natural disasters, and Owner is not liable for the costs of finding an alternative accommodation or for damages because alternative accommodation cannot be found. We recommend the purchase of trip insurance that would protect Guest from monetary loss from such an event.
11. No Assignment or Subletting: This Agreement shall not be assigned, nor the premises sublet without the prior written consent of the Owner. Guest acknowledges that they will personally occupy the property for the entire lease or rental period and will not sublet any portion of the property. Violation of these terms shall give Owner the right to immediately evict Guest and terminate this Agreement, and Guest will forfeit any right of return of any monies paid to date including any security deposit.
12. Indemnification: Guest agrees to indemnify Owner and Owner’s Agent and save owner and Owner’s Agent from and against any and all claims, actions, damages, liabilities and expenses, including reasonable attorney’s fees in connection with the loss of life, personal injury and/or damage to the property arising from or out of any occurrence in, upon or about the premises, occasioned by an act or omission by Owner, Owner’s Agent, Guest or other occupants.
OWNER and OWNER’s AGENT SHALL HAVE NO LIABILITY FOR DAMAGES OR INJURY to Guest or Guests: It is expressly understood and agreed that Owner and Owner’s Agent will not be liable for any damages or injury to Guest or other occupants and their property from whatever cause arising from the occupancy of said premises, both inside and outside of the house, whether on the property or elsewhere.
THE SUPERVISION AND SAFETY OF ALL CHILDREN ARE THE DIRECT RESPONSIBILITY OF GUEST OR PARENTS, OR CARETAKERS OF ANY CHILDREN ON THE PREMISES, including but not limited to decks, loft area, hot tub, fire pit, and any and all other activities on the premises.
Guest specifically accepts ALL liability for use of bunk beds and hot tub on the property and understands that Owner and Owner’s Agent shall have no liability from any accidents, injuries or death that may result from the proper or improper use of said bunk beds or hot tub. Guest accepts said liability by voluntary use of said bunk beds and hot tub.
13. Entire Agreement: This document and any attached addenda constitute the entire agreement between the parties. No oral statements shall be binding. This Agreement may only be amended by a written document duly executed by all parties. It is the intention of the parties that if any portion of this Agreement is invalid for any reason, such invalidity shall not void the remainder of the Rental Agreement.
14. Disputes and Jurisdictions: This agreement shall be interpreted under the laws of the State of Tennessee. Any dispute under this Agreement shall be resolved in the County of Sevier, State of Tennessee. All disputes, controversies or claims arising out of or relating to this contract shall be submitted to mediation or arbitration in the County of Sevier. If either party bring an Action to enforce its rights under this agreement, the prevailing party may recover its expenses (including reasonable attorneys’ fees) incurred in connection with the Action and any appeal from the losing party.
15. GUEST ACKNOWLEDGES THAT THEY HAVE REVIEWED AND UNDERSTAND THE TERMS OF THIS AGREEMENT and the Rules and Regulations attached, and agree to be bound by them.
16. Guest and Owner acknowledge that electronic acceptance of this Agreement is legally binding acceptance of all terms and conditions, the same as if Guest had actually executed the Agreement in person.
ACKNOWLEDGEMENT OF AGREEMENT On this day, the parties agree to the terms of this Short-Term Rental Agreement, as evidenced by their electronic acceptance of this Agreement.