CONFIRMATION: Reservations are not considered confirmed until reviewed by LVR. LVR reserves the right to audit, adjust, or cancel any confirmed reservation for inaccuracy or misquoted information at no penalty to LVR or you, the renter. All payment and cancellation policies are placed in effect at that time. No rental property request is guaranteed. Any difference in rate is subject to guest approval.
PAYMENTS: Initial deposit of 30%, including applicable sales taxes and non-refundable administrative fees, is due upon receipt of reservation confirmation. Final payment is due 30 days prior to arrival date. Final payment may be made via credit card or personal check. Checks should be made payable to Landmark Vacation Rentals. Any final payment that is not received by the due date may result in cancellation of the reservation. Final payment will automatically be charged to the credit card on file 30 days prior to arrival. Checks returned as NSF or because the drawer does not have an account at that bank will incur a $35.00 processing fee and is subject to cancellation for nonpayment. Reservations made less than 30 days prior to arrival must be paid in full at time of confirmation. Reservations made less than 21 days prior to arrival must be paid in full by credit card. A property shall not be considered confirmed until the deposit and/or full payment is received by LVR. Properties without deposits may be cancelled due to nonpayment at any time.
ARRIVAL: Early check-in requests will be considered but cannot be guaranteed. In some cases, check-in may be delayed due to circumstances beyond our control. Please note that keys will only be given to Tenant listed on the confirmation unless Tenant informs LVR in writing that a representative can pick up keys. Upon arrival, do not set air conditioning thermostats below 68 degrees or heating thermostats above 72 degrees – Doing so can cause the system to freeze and stop working. All entry doors and windows should remain closed while heat/air is on to allow the systems to work properly. Once refrigerator is loaded with groceries, it can take up to 24 hours for the temperature to balance.
DEPARTURE: Late check-outs will be considered but cannot be guaranteed. If a late check-out is granted, the time will be extended to 12:00 Noon. Any guest that does not have an approved late check-out and fails to depart by 10:00 AM will be assessed a late check-out fee of $100.00 per hour. Tenant is responsible for leaving the unit undamaged and in reasonably clean condition. May – September, AC should be set to 75. October – April, heat should be set to 60. Please load and start the dishwasher prior to departure. Tenant should secure all windows and doors upon departure. Keys must be turned in at an LVR office. Failure to return keys could result in a $20.00 charge to the Tenant’s credit card on file.
WHAT IS PROVIDED: Provided in all units – bed linens, bathroom towels, kitchen towels, and a starter supply of paper towels, toilet paper, trash bags, dishwashing soap, hand soap, and laundry soap.
OPTIONAL TRAVEL INSURANCE will be offered through CSA Travel Protection (see “Travel Protection” below for more details). Advance rent payments are only refundable in the event of qualifying conditions due to cancellation through CSA Travel Protection. If Tenant has purchased CSA Travel Protection and needs to file a claim, the contact number is 800-554-9839 to begin a claim for loss of rent payment. Travel Protection Insurance is automatically calculated at 7.65% of total reservation amount and added into the rental rate. The plan is optional but helps to protect Tenant in case of any unforeseen events that would lead to cancellation. Tenant can decline the coverage within 10 days of confirmation receipt. Questions regarding CSA Travel Protection can be answered by reviewing the Description of Coverage on their website: http://www.vacationrentalinsurance.com/330cert or calling 800-554-9839. Please see attached flyer about CSA Travel Protection policies.
CANCELLATIONS: All cancellations are subject to a $150 administrative fee. Reservations can be cancelled with no additional charges within 24 hours of initial confirmation. Please contact LVR as soon as possible in the event you must cancel. All cancellations must be received in writing by LVR. Tenant is not entitled to a refund for early departure. Cancellation policies vary by property. The cancellation policy applicable to your reservation is the policy listed in Item 11 in your booking confirmation. All cancellation refunds will be issued in accordance with the original method of payment, less the aforementioned fees and will be processed no later than 6-8 weeks after the date of cancellation.
RATE ADJUSTMENTS: Tenant shall not be entitled to any rate adjustment or refund due to delay in check-in, early check-out, or damage to guests’ belongings for any reason including mechanical malfunctions and disruption of utility services, including cable or satellite TV, and internet. There will be no refunds due to unfavorable weather or any acts of nature. Each Tenant is urged to opt for Travel Protection to cover potential financial loss. Should it be necessary to file an insurance claim, Tenant, not Agent, shall be responsible for seeking reimbursement. LVR acts only as a sales agent for the Lodging Protection Plan (Trip Cancellation and Interruption Coverage) administered by CSA. For questions regarding this plan, call CSA at 800-554-9839. The plan code is G-330CSA and the website www.vacationrentalinsurance.com/CASHIERS. LVR receives compensation for selling this Plan.
PROPERTY DAMAGE: This Vacation Rental Damage Protection Plan is in lieu of a cash security deposit and covers unintentional damages to the Property that occur during Tenant stay, provided damages are disclosed to management prior to check-out. The policy will cover a maximum benefit of $3,000.00. Any damages that exceed $3,000.00 will be charged to the Tenant’s credit card on file. If, during Tenant Stay an Insured Person causes any damage to real or personal property as a result of inadvertent acts or omissions, the Insurer will reimburse LVR for the cost of repair or replacement of such property up to a maximum benefit of $3,000.00. Certain terms and conditions apply. Full details of the Vacation Rental Damage Protection coverage are contained in the Description of Coverage or Insurance Policy. By submitting payment for this plan, Tenant authorizes and requests CSA Travel Protection and Insurance Services to pay directly LVR any amount payable under the terms and conditions of the Vacation Rental Damage Protection. The fee is mandatory unless Tenant places a cash security deposit against Tenant’s reservation (amount to be determined by LVR) or the security deposit requested by Owner is greater than $3,000.00. A refundable damage deposit will be returned to Tenant, per the original method of payment, within two weeks of departure date. The Properties are carefully inspected after each Tenant’s departure. Collection costs and reasonable attorney fees, if necessary, will be the responsibility of the Tenant per Article 42 of the NC G.S. Act.
ACCOMMODATIONS: Each property is privately owned and furnished, equipped for housekeeping and decorated by the Owner. LVR does not accept liability for aesthetic of or functional perception of the Property’s content provided by the Owner, including furniture, appliances, equipment, style, and color and no rate adjustment can be made for such.
SUBSTITUTION OF ACCOMMODATIONS: Landmark Vacation Rentals reserves the right to move, relocate, reassign, or change the rental property noted on the confirmation for unforeseen circumstances. LVR will make every effort to re-book the guest in a comparable or upgraded rental property. Under no circumstances does this confirmation guarantee the rental property selection. If a guest does not wish to relocate or accept the alternative accommodation LVR will issue a full refund, or proration, if during occupancy an event makes the property unavailable. Under no circumstances will LVR be liable for any other charges incurred for property moves or cancellations. Substitutions of accommodations cannot be made to due accommodation décor.
OCCUPANCY: Maximum number of occupants allowed in each unit is indicated in the property description. The maximum occupancy for your stay is the number of guests confirmed in your reservation. Overcrowding or misrepresentation is grounds for immediate eviction without refund pursuant to the North Carolina Vacation Rental Act.
MAINTENANCE AND REPAIRS: All maintenance and repairs should be reported to LVR immediately. If repairs to appliances and other systems in the unit are necessary, they will be made as expeditiously as possible. No rent adjustments can be made for circumstances beyond our control or for malfunction or loss of use of equipment or amenities. LVR reserves the right to enter premises to perform repairs, maintenance, etc. Should a technician make a call to a rental property and find the equipment is not working due to guest misuse, oversight, or neglect, the fee for the service will be charged to the guest.
TELEPHONES: Most rental properties provide local and long-distance telephone service. If the Property does not provide unlimited long-distance service, any fees incurred will be charged to the Tenant’s credit card on file or withheld from Tenant’s security deposit with a $10.00 service charge. Not all accommodations have a landline telephone. Cell service can be spotty across the plateau.
TV USAGE: Television station availability will be dependent upon basic level of service established by Owner in the case of satellite or cable providers, as well as content. Pay-per-view selections will be charged to the Tenant’s credit card on file or withheld from Tenant’s security deposit. No adjustments for TV service levels will be made.
PETS: No pets are allowed unless specifically authorized and permitted on the Property. The only allowable pets are dogs. This also applies to guests of Tenant. If you are reserving a pet-friendly unit, a non-refundable pet fee is applied to your reservation. If you are staying in a pet-friendly home and not bringing a pet, please contact LVR and the pet fee can be removed from your reservation. Violation of pet policy is grounds for immediate eviction without refund, pursuant to the North Carolina Vacation Rental Act. A fee of $250 $500 per pet will be charged for bringing an unapproved, unauthorized pet(s).Tenant is fully responsible for any and all charges to restore the property back to its original condition for damage to the property by permitted or unpermitted pets, including but not limited to the cost of replacing any damaged carpet, furnishings, screens or outdoor areas.
ADA SERVICE ANIMALS: With regards to ADA compliant service animals, it should be noted that vacations rentals are considered private property and are exempt from the same rules and regulations that commercial properties must follow with regards to ADA compliant service animals. It should be noted that only dogs are recognized as service animals by the ADA. With that being said, we understand the difficulties of those with special needs when it comes to travel, and we will make every effort to accommodate you and your service animal, or refer you to other properties, agencies, or services who may be able to assist you in the unlikely event we cannot. Emotional support animals, comfort animals, and therapy dogs are not service animals under Title II and Title III of the ADA. Other species of animals, whether wild or domestic, trained or untrained, are not considered service animals. If you plan to travel with a comfort animal, we will make every reasonable effort during the normal course of business to pair you with a property where your animal is accommodated, and a non-refundable fee will be charged to your reservation. This fee is not a security deposit and the guest will be charged for any costs with regard to returning the rental property to its original condition.
NO SMOKING: All LVR Properties are designated as Non-Smoking. Smoking is permitted outside only where permitted. Some areas may not be suitable for smoking due to ventilation and proximity of nearby properties. Violation of the “No Smoking” policy is grounds for immediate eviction without refund, pursuant to the North Carolina Vacation Rental Act. An additional cleaning fee of $300 will be charged, and any charges to restore the Property back to its original condition will be charged to the Tenant’s credit card on file.
LAKEFRONT PROPERTIES: Owners, Agents and LVR are not responsible for any changes in water levels, water quality or water conditions.
QUIET USE AND ENJOYMENT: LVR does not guarantee quiet use and/or enjoyment of Property including but not limited to noise from other persons, neighboring properties, construction, and maintenance. LVR cannot grant rate adjustments resulting from circumstances outside of the rental property.
HOUSE PARTIES: LVR does not allow house parties in any rental property. Guests are not allowed to organize graduations, proms, gatherings, reunions, weddings, receptions, student groups or any other function similar in nature and could result in Tenant eviction. LVR does offer rental properties that will allow family reunions, weddings, or receptions. All such events must be approved in writing in advance and there will be an additional charge and/or security agreement assessed.
GUEST BEHAVIOR: By electronic signature, the undersigned is responsible for the behavior of all members of the party/group during the term of the stay. Behavior should not be excessive, noisy, disruptive, and should be consistent with the rules and regulations of the association (if any). Offensive or illegal behavior will not be tolerated, and no refunds or compensation will be given in these circumstances, and we reserve the right to decline future reservations.
RESERVATIONS MADE BY OTHERS: All reservations made by owners, outside travel agents and/or reservation services are subject to rules and policies of LVR. LVR is not responsible for inaccurate or misleading representations presented by the Owner or outside travel agents. Guests will be required to resolve any discrepancies directly with the Owner of the Property or the Tenant’s travel or booking agent.
ASSOCIATION RULES: All reservations are confirmed with the understanding the Tenant and all of the Tenant’s guests will abide by the rules and regulations prescribed by Owners, condominium, homeowner and master associations as required for each rental property and its amenities.
ACTS OF NATURE: LVR and/or Owner cannot be held liable for any acts of nature or occurrences beyond our control. No rate adjustments will be made.
PARKING: Motor homes, boat trailers, watercraft, travel trailers, jet skis, etc. may not be allowed at the rental properties. Tenant is responsible for finding out about parking and/or restrictions prior to arrival. Please ask about local storage of such vehicles and equipment prior to arrival.
POOLS AND HOT TUBS: The rental property Owner or rental property association control pool and hot tub temperatures. LVR is not responsible for pool or spa temperatures, closures or malfunctions. No credit, discount and/or rate adjustments can be granted for items mentioned above or circumstances beyond our control. There will be days when the weather conditions will not allow pool heaters to accommodate swimming and temperature recovery times will vary. Use of pools and hot tubs is the sole discretion of Tenant. LVR and/or Owner are not responsible for Tenant and Tenant’s guest use of pools or hot tubs.
AMENITIES: Amenities vary at each rental property. Please contact LVR for specific needs you may have regarding rental property amenities. LVR is not liable for malfunction or closure of rental property amenities and no credits and/or discounts can be granted for circumstances beyond our control.
AGENCY DISCLOSURE: LVR serves as agent and representative of all Owners of condominium units and private dwellings in its rental program and is acting at all times in and for the best interest of the Owner.
PEST CONTROL and WILD ANIMALS: Rental properties are treated for pest control by the condominium association or by a contracted pest control company. Western North Carolina has abundant wildlife including but not limited to bears, turkey, deer, snakes. LVR will make every effort to address pest control concerns but is not responsible for rebates due to the presence of pests, wild animals, or in the event of untimely service by pest control companies. Garbage must be properly bagged and stowed to ward away animals searching for food. Tenant may be responsible for any damage and/or clean up associated with improper procedures.
ACCURACY OF INFORMATION: To the best of LVR’s knowledge, the information contained on the confirmation, terms and conditions, along with our website and advertising is deemed accurate, but not guaranteed. Descriptions, rates and property amenities listed on the confirmation are subject to change without notice. Omissions, additions or errors as well as changes in property bedding, furnishings, equipment, etc., shall not be the responsibility of LVR or Owner. Tenant should contact LVR about specific items of importance to them.
CLEANLINESS: The property is professionally cleaned after each guest departure. If the home does not meet your expectations upon arrival, please contact LVR within 24 hours. You are expected to treat the rental home with respect, keeping in mind that this is someone’s privately-owned home. You are expected to leave the rental in a clean, neat, and orderly fashion. If excessive cleaning is necessary after your departure, an additional cleaning fee will be charged to the Tenant’s credit card on file or withheld from security deposit. LVR reserves the right to decline future reservations.
HOUSEKEEPING/SPECIAL REQUESTS: Linens and bath towels are included in each rental property and have been inventoried prior to Tenant arrival. LVR cannot guarantee Property will supply additional items such as beach towels. The Property is cleaned upon Tenant departure but does not include housekeeping or linen services during your stay. Housekeeping service and/or linen services may be arranged with a minimum of 48-hour notice for an additional charge. Other guest convenience items are offered at an additional charge and can be arranged prior to guest arrival. Preferences will be noted, but not guaranteed.
GARBAGE: Specific instructions for your reservation can be found with your check-in package. For your safety and the safety of wild animals, it is imperative that garbage be properly bagged and placed in receptacles the morning of trash collection. Excessive garbage, defined as more than one bag per confirmed guest, will result in an additional trash collection charge of $50 to the Tenant’s credit card on file or withheld from security deposit.
UNITS FOR SALE: In the event that the rental property you confirm is listed for sale, we may request access to show the property during a guest’s stay. By acceptance of this confirmation guest agrees to allow access at an arranged time so that the unit may be shown. In the event the rental property is no longer available due to sale, LVR will make every effort to re-book the guest in a comparable rental property, subject to availability. Upgraded properties will be considered but additional charges may be incurred. If guest does not wish to relocate or accept the alternative accommodation provided, LVR will issue a full refund.
LIMITATIONS OF REMEDIES, DAMAGES AND INDEMNITY
If Agent/Owner is forced to resort to employment of legal counsel, litigation or professional collection services in the collection of any amounts due LVR/Owner under this Agreement, Tenant shall be responsible for all costs of litigation and collection including, but not limited to, reasonable attorney‘s fees if LVR/Owner prevails in said legal action. In the event of any litigation or other dispute resolution, the parties agree that jurisdiction shall reside exclusively in respective county where Property is located.
Every effort is made to ensure all information in LVR’s advertising is accurate and complete. However, LVR cannot be held responsible for typographical errors, omissions, price changes, and other changes made by owners within the units.
In accordance with the National Association Realtors Standards of Practice and Code of Ethics, it is hereby disclosed that Landmark Vacation Rentals has contractual relationships with the Owners. This contractual relationship employs Landmark Vacation Rentals to act as the Agent of the Owner and treat all parties (Tenants and Owners) honestly, fairly, and in good faith. Units may or may not be owned by a Real Estate Licensee.
Landmark Vacation Rentals acts only as a sales agent for the Guest Protect Plan (Trip Cancellation and Interruption Coverage) administered by CSA. For questions regarding this plan call CSA at 866-999-04018, Group Plan Code 330CSA. Landmark Vacation Rentals receives compensation by selling this Plan.
Notwithstanding any other assurance to the contrary, this lease is not binding or effective until signed by Tenant and Landmark Vacation Rentals, and advanced rent payments (reservation deposit and sales tax) is received by LVR.
Tenant is responsible for abiding by all rules, regulations, and instructions in the Lease Agreement and/or posted in the units. An officer of Landmark Vacation Rentals must approve any exceptions to the above-mentioned rules, regulations and instructions in writing in advance.
If at the time tenant is to begin occupancy of the property, Landmark Vacation Rentals or Owner cannot provide the premises in a fit and habitable condition, or occupancy is unavailable for some unavoidable reason, Landmark Vacation Rentals will make all efforts to substitute a reasonably comparable property for occupancy. In the event that Landmark Vacation Rentals is unable to do so, tenants exclusive remedy shall be a refund to tenant of all payments made. Tenant expressly acknowledges that in no event shall Landmark Vacation Rentals or Owner be held liable for any consequential or secondary damages, including but not limited to, any expenses incurred as a result of travel, costs of re-renting, etc. Tenant must submit any complaint regarding accommodation to Landmark Vacation Rentals, in writing, prior to checkout for consideration by Owner. The Tenant agrees to release, indemnify, and hold harmless the Owner and Landmark Vacation Rentals. This indemnification includes any and all costs and expenses, which may accrue to Owner or Landmark Vacation Rentals including reasonable attorney fees.