This Rental
Agreement constitutes a contract between
the Guest(s) and DTS Real Estate
Holdings, LLC. (Host).
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 receipt of a signed copy 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 sixty (60) 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 $30.00 re-scheduling fee per change. All changes must be requested at least sixty (60) days prior to Guest's scheduled arrival date. Host may review cancellation requests less than sixty (60) 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 sixty (60) 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.