- Vacation Rental Agreement Policy
Your Privacy Is Important To Us
Information We Collect
When you secure a reservation with Carolina Mornings, we ask for your name, address, email address, phone number, fax number, and credit card information. We may also ask for information related to your vacation preferences so that we can provide better service and make your vacation a more memorable one. If your reservation is made as part of or in connection with a group, meeting, or event, we will provide your name and dates of stay to the group, meeting or event planner, or organizer.
If you elect to receive notifications from Carolina Mornings during the reservation process, the information on the reservation form (excluding your full credit card information) will be recorded in the database.
If you elect to subscribe to Carolina Mornings email newsletter outside of the reservation process, only your email address is required. If you elect to receive the newsletter, you will receive an email asking for confirmation of the subscription. Once you confirm your opt-in, we will send you an e-newsletter every three months. Occasionally, Carolina Mornings may also send you messages regarding discounts, specials, or additional privileges that you may be entitled to if you belong to our list of email subscribers. Because your privacy is important to us, you may request to be removed from our list of email subscribers at any time by utilizing the instructions to unsubscribe.
How We Use The Information
The information you provide will be used by Carolina Mornings to process your reservation, to provide the services you've requested, products you have purchased and to contact you to confirm your reservation and to provide you with any important updates regarding your reservation. In order to reserve and provide the services and products you request, Carolina Mornings does not share your information with any other business, organization, group or individual.
Our websites may provide links to third-party sites. Since we do not control those websites, we encourage you to review the privacy policies of these third-party sites.
We will also disclose personal information when required by law, in response to any demand by law enforcement or other appropriate government authorities, or if the personal information is pertinent in a legal proceeding or court action.
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Your Information Is Protected
To prevent any unauthorized access, your credit card information is sent securely from your browser to our reservations software (using our secure web server and encrypted email). Credit card numbers are used only for payment processing and are not retained for marketing purposes. No credit card information is stored on the web server, except for the last four numbers. We also request that you do not send us any sensitive information via email. Credit card information should only be provided to us via the online reservation form, which encrypts your credit card information to ensure your security.
Use Of "Cookies"
This information is provided by Carolina Mornings, Inc.:
44 Merrimon Avenue, Suite #2
Asheville, NC 28801
phone: (855) 675-3479
Carolina Mornings, Inc., License #11216
If you have any questions about this Vacation Rental Agreement, we would love to answer them for you! Our office phone number is 828-398-0712.
THIS VACATION RENTAL AGREEMENT IS A LEGALLY BINDING 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 MONEY, AND/OR TAKING POSSESSION OF THE PROPERTY AFTER RECEIPT OF THIS AGREEMENT IS EVIDENCE OF YOUR ACCEPTANCE OF THIS AGREEMENT AND YOUR INTENT TO USE THIS PROPERTY AS A VACATION RENTAL. THIS AGREEMENT BINDS YOU TO A SPECIFIC PROPERTY FOR A SPECIFIC TIME. IF A PROBLEM ARISES DURING YOUR STAY, EVERY EFFORT WILL BE TAKEN, WITHIN REASON, TO RESOLVE THE ISSUE. HOWEVER, WE ARE UNABLE TO RELOCATE TENANTS WITHOUT PROPER AUTHORIZATION. PLEASE BE AWARE THAT, UNLIKE HOTELS, OUR RENTAL PROPERTIES ARE EACH INDIVIDUALLY OWNED AND HAVE NO CORRELATION TO EACH OTHER.
1. NIGHTLY MINIMUMS:
Properties require a 2-night minimum stay, unless otherwise noted. Longer minimum stays may be required during holiday periods and certain seasons.
a. Payments will be required based on the following schedule:
(1) IF YOUR RESERVATION IS SECURED BEFORE THE NON-REFUNDABLE PERIOD BEGINS:
i. Payment for 50% of the rental amount, damage insurance (if elected), trip insurance premium (if elected), and applicable taxes, upon booking.
ii. The final balance is due before the non-refundable period begins. Tenant is responsible for payment of the final balance, paid by credit/debit card through the Guest Portal on the Carolina Mornings, Inc. website. If Tenant prefers to pay the final balance by check/money order, payments should be made payable to Carolina Mornings, Inc. Payments should be mailed to P.O. Box 18235, Asheville, NC 28814, and should include the reservation number and property name on the check/money order. If payments are paid by check or money order, a credit card is still required to be held on file. If payment is not received prior to when the non-refundable period begins, Carolina Mornings, Inc. will automatically apply the final balance to the credit card on file.
(2) IF YOUR RESERVATION IS SECURED AFTER THE NON-REFUNDABLE PERIOD HAS BEGUN:
i. Payment for the total rental amount will be due upon booking and will be automatically charged to the Tenant's credit card.
b. Once the reservation is paid in full, or 30 days prior to arrival, whichever is later, guests will gain access to their reservation details (including directions and key information) via the Guest Portal. Please note that key information may not be visible until 3 days prior to check-in.
c. All payments made by the Tenant shall be deposited within 3 banking days of receipt in an escrow account with PNC Bank located at 8 O’Henry Avenue, Asheville, NC.
3. OTHER CHARGES AND FEES:
a. Smoking inside the rental home is PROHIBITED. All properties are Non-Smoking. If this regulation is violated and smoking has been detected in the Property, a $250 plus applicable taxes penalty for cleaning services due to unauthorized smoking will be charged to the credit card on file. By accepting this Agreement, Carolina Mornings, Inc. is authorized to charge this fee to the Tenant’s credit card on file.
b. Departure Cleaning Fee, ranging from $85 to $680, plus applicable taxes.
c. A fee of $100 plus applicable taxes will be charged for all returned checks.
d. Carolina Mornings, Inc. receives a commission from services provided, including, but not limited to, Vacation Rental Insurance, and other packages.
e. All reservations incur 6.75% - 7% NC Sales Tax and County Occupancy Tax of 3% - 6% in addition to the rental amounts and fees. Rates are subject to applicable state sales and county occupancy taxes, which are in effect during the tenancy. Rates are subject to change as authorized by the appropriate governing body. Carolina Mornings, Inc. will credit or debit the rental amount to reflect tax rates which are in effect during the tenancy.
f. Fees for additional services offered by Carolina Mornings, Inc. will be charged to the Tenant’s credit card on file. Such additional services include without limitation a Handling Fee for returning personal property that has been left in the Property after Tenant departure.
4. SECURITY DEPOSIT:
a. Vacation Rental Damage: In lieu of a Security Deposit (with exception), Carolina Mornings, Inc. is pleased to provide CSA Vacation Rental Damage (VRD) protection for $50 to $150 (depending on the property) plus applicable taxes. The VRD fee is non-refundable. This VRD plan covers unintentional damages to the rental property interior that occur during the Tenant’s stay, provided they are disclosed to management prior to checkout. The policy will pay a maximum benefit of $1,500 to $10,000 (depending on the property) plus applicable taxes. Any damages that exceed the maximum benefit limit purchased or are not covered under the plan will be charged to the credit card on file. If an insured person accidentally or unintentionally damages the real or personal property assigned to the rental accommodation during the trip, the Insurer will reimburse the cost of repair or replacement of the property, up to the maximum benefit limit purchased. Certain terms and conditions apply. Full details of the VRD coverage are contained in the Description of Coverage or Insurance Policy. The VRD plan can be purchased up to, and including at, check-in. By submitting payment for this plan, Tenant authorizes and requests CSA Travel Protection and Insurance Services to pay directly to Carolina Mornings, Inc. any amount payable under the terms and conditions of the Vacation Rental Damage plan. Tenant should contact Carolina Mornings, Inc. directly if they do not wish to participate in this plan or assignment.
b. Payment of a refundable Security Deposit by cashier's check or money order is required 1) if VRD is not purchased OR 2) if rental property specifies the requirement. The Security Deposit amount ranges from $800 to $5000 (depending on the property). The Security Deposit amount due will be outlined on the Reservation Confirmation and must be mailed as a cashier's check/money order payable to Carolina Mornings, Inc. Sorry, personal checks are not accepted. The Security Deposit must be received no later than 30 days prior to Tenant’s arrival, or upon making the reservation if reservation is made less than 30 days prior to arrival. Payments should be mailed to P.O. Box 18235, Asheville, NC 28814, and should include the reservation number and property name on the cashier's check/money order. Security Deposits shall be deposited within 3 banking days of receipt into an escrow account with PNC Bank located at 8 O’Henry Avenue, Asheville, NC. Security Deposits shall be accounted for and refunded within 45 days of departure in accordance with NC law. Whether or not a Security Deposit is required, Tenant is responsible for any intentional damage due to willful negligence on leased Property. Tenant will be notified in writing. Tenant agrees that charges can be processed on Tenant's credit card or Tenant agrees to send payment within 10 days of notification. Special note: Online reservations that select a refundable damage deposit may have the full damage deposit automatically charged to their credit card. Our staff will refund that amount as soon as possible and contact you to coordinate the required cashier's check/money order. Carolina Mornings, Inc. is not liable for any overdraft fees, or for any issues pertaining to the security deposit being charged to a credit card. If your reservation has the non-refundable Vacation Rental Damage protection and you wish to change it to a refundable security deposit, please contact our office as soon as possible so that we may coordinate the required cashier's check/money order.
a. Immediately upon arrival, Tenants agree to notify Carolina Mornings, Inc. of any noticeable damages or conditions requiring repair or maintenance. Tenants agree to be responsible for any damages to the premises during their rental stay. This includes damages to the furnishings and household items that result from the action or inaction of Tenants or their invitees, excluding normal wear and tear. Tenants further agree to reimburse Carolina Mornings, Inc. for collection costs, if necessary, and reasonable attorney fees.
b. After Tenant's departure, and within 45 days following the conclusion of the tenancy, the Property is inspected and inventoried for damages and missing items, at which time assessed damages will be billed to Tenant.
c. Tenant is responsible for any intentional damage due to willful negligence of the leased Property, as well as any items missing from the leased Property after Tenant’s departure. Tenant will be notified in writing, and Tenant agrees that charges related to intentional damage caused by willful negligence, or cost of replacement for missing items, can be processed on Tenant's credit card on file provided that Carolina Mornings, Inc. does not receive payment from Tenant within 10 days of notification.
6. CANCELLATIONS, TRANSFERS, AND FORFEITS:
a. A Non-Refundable Period is defined per property, ranging from 5 to 90 days, and is available in each property’s description or during the booking process. All cancellations made within the Non-Refundable Period are non-refundable. In the event Tenant must cancel the reservation within the Non-Refundable Period, Tenant should notify Carolina Mornings, Inc. as soon as possible. If Tenant elected to purchase trip insurance, the travel insurance company should be contacted with the claim. Carolina Mornings, Inc. will make every effort to re-rent the Property for the original reservation dates. If the Property is re-rented for the total number of reservation nights at the same or higher rate, all monies paid by Tenant (less a 10% cancellation fee (with $100 minimum) plus applicable taxes and trip insurance premium) will be returned to the Tenant within 30 days after re-booking. If the Property is re-rented for less than the total number of reservation nights, or for the total number of reservation nights but for a reduced rate, Carolina Mornings, Inc. will refund the monies recouped through re-booking (less a 10% cancellation fee (with $100 minimum) plus applicable taxes and trip insurance premium) within 30 days after re-booking. If after diligent effort, Carolina Mornings, Inc. is unable to re-rent the Property, the full (or partial, if applicable) rental payment will be forfeited, including the trip insurance.
b. If cancellations are made outside of the Non-Refundable Period, Tenant’s deposit minus the 10% cancellation fee (with $100 minimum) plus applicable taxes and trip insurance premium will be refunded within 30 days of cancellation date.
c. If the balance is not received once the Non-Refundable Period begins, Carolina Mornings, Inc. will treat the reservation as a cancellation. The Tenant’s deposit will be forfeited unless Carolina Mornings, Inc. is able to re-rent the Property for the original reservation dates.
d. The reservation may be switched to a different property, incurring a transfer fee of $100 plus applicable taxes, if Tenant notifies Carolina Mornings, Inc. prior to the Non-Refundable Period. Reservations CANNOT be transferred to another property within the Non-Refundable Period.
e. Tenant is making an agreement with Carolina Mornings, Inc. for an individually owned property. If Tenant is not satisfied with the Property upon arrival, Tenant cannot be moved to another property. If Tenant is disappointed or unsatisfied with the Property due to differences in taste according to decor, accommodations, location, construction, mountain road conditions, etc., and declines to stay at the Property, this will be considered a cancellation and no rent reduction nor refund will be issued. If Tenant has particular needs, such as a disability or severe medical condition, Carolina Mornings, Inc. will attempt to answer and address all concerns. Tenant agrees to hold harmless Carolina Mornings, Inc. for any inaccuracies.
f. Carolina Mornings, Inc. is not responsible for the weather or other acts of nature, and there will be no refunds for these occurrences. Ski & Mountain Travel Insurance has been made available with your reservation. Ski & Mountain Travel Insurance provides coverage for the loss of prepaid, non-refundable expenses due to certain unforeseeable circumstances that may jeopardize your vacation investment and force you to incur unplanned expenses. Trip Cancellation and Trip Interruption coverage is available for events such as a sickness or injury of yourself, family member or traveling companion; flight delays due to adverse weather; interruptions of road service; terrorist acts; and mandatory evacuations. Trip Inconvenience coverage is available if the resort is forced to close its primary attractions during your trip due to lack of snow or severe weather. The plan also includes other valuable in-trip coverages such as Medical and Dental, Sporting Equipment, Baggage, and Emergency Assistance and Transportation in addition to useful services such as identity theft, concierge and 24/7/365 emergency assistance. We strongly recommend you purchase this valuable protection. Additional terms and conditions apply; please read your Description of Coverage/Policy carefully and contact Generali Global Assistance with coverage questions.
I understand and agree that this reservation is non-refundable during the non-refundable period (as outlined above) and that I have been offered Travel Insurance that may protect my non-refundable vacation investment.
g. Transfer of Property: In the event the Property Owner transfers Property, Carolina Mornings, Inc. will promptly notify Tenant if Property is transferred. If the last day of the rental is 180 or more days after the recordation in the register of deeds of the deed conveying the Property, Tenant shall have no right to enforce the terms of this Agreement unless the new Property Owner has agreed in writing to honor those terms. Otherwise, a full refund less the cancellation fee will be paid to the Tenant within 30 days. In the event Tenant notifies Carolina Mornings, Inc. that every attempt should be made to move the reservation to a comparable available property, Carolina Mornings, Inc. will make reasonable efforts to do so. If Tenant transfers to another property, advance rental deposit will transfer to new property.
h. Except in the event of a mandatory evacuation issued by state or local authorities, if, at the time the Tenant is to begin occupancy of the Property, the Property Owner or Carolina Mornings, Inc. cannot provide the Property in a fit and habitable condition or substitute a reasonably comparable property in such condition, the Property Owner and Carolina Mornings, Inc. shall refund to Tenant all payments made by the Tenant.
The following are all violations under this Section, and are considered material breaches that will result in cancellation of the reservation, rent forfeiture, and (if occupied) immediate eviction of Tenants.
a. Violations of Maximum Occupancy. Maximum Occupancy refers to all persons over the age of two years old. Violations can cause property damage (for example, well and septic over-use) as well as violate local laws and regulations. Beds are not indicative of allowed occupancy necessarily, but may provide options or extra bedding for the allowed occupancy. Tenants are required to obey Maximum Occupancy limits at all times. Violations of Maximum Occupancy will result in an additional charge of $250 plus applicable taxes representing liquidated damages.
b. Youth, high school or college groups, bachelor/bachelorette, weddings, receptions, or meetings are not allowed unless a signed Large Group Addendum is approved by Carolina Mornings, Inc.
c. Any group whose behavior creates a disruption or interferes with a neighbor’s peaceful enjoyment of their property.
d. Any use of the Property for illegal purposes, including groups that may be interested in allowing underage drinking.
e. The presence of firearms, pyrotechnics, unsupervised outdoor fires, any and all off-road vehicles, audible disturbances.
f. Littering on the rental premises. Also, as a special note, glitter is prohibited in all rental properties. Please respect the home and cleaning crew by not littering or glittering at the property.
g. Use of the Property by Tenant for a business purpose or in a manner designed to produce a monetary or financial profit, such as an event venue.
h. Use or occupancy of the Property in a manner that is inconsistent with the material representations made by Tenant in the application process.
i. Tenant acknowledges that Carolina Mornings, Inc. and its property owners utilize noise level detection devices and external audio/video security cameras to protect the homes and to enforce occupancy and pet policies. Records from these devices may be used to recover damages and collect penalties due from Tenants in violation of our policies.
j. Tenant acknowledges that the violations above can result in economic injury to Property Owner and/or Carolina Mornings, Inc., and will result in legal action to recover damages to Property and Property marketability.
8. CAROLINA MORNINGS, INC. DUTIES/MECHANICAL FAILURES/REPAIRS/APPLIANCES:
a. Carolina Mornings, Inc. agrees to provide the Property to Tenant in a fit and habitable condition. If at any time of occupancy Carolina Mornings, Inc. cannot provide Property in a fit and habitable condition, or reasonably cure the same or substitute a reasonably comparable property in such condition, Carolina Mornings, Inc. shall refund to Tenant payments made by Tenant for the nights that were unable to be used. No refunds will be issued for nights that were used by Tenant.
b. Carolina Mornings, Inc. is not responsible, nor will refunds be issued, for mechanical failures of non-essential or luxury items. In the case where the Property sustains a failure of a system or amenity (at the time of or during the tenancy), including, but not limited to, water, sewer, septic, heating, electrical, mechanical, ventilating, structural systems, fireplaces, air conditioning, pool, hot tub, jetted tub, entertainment equipment, satellite/cable service, Internet or Internet access, or other facilities or major appliances, Carolina Mornings, Inc. shall promptly repair such system or amenity in a commercially reasonable manner and time upon receipt of written notification from Tenant that repairs are needed. Tenant agrees to permit Carolina Mornings, Inc. or its service staff to have reasonable access to the Property to inspect and make such repair in a commercially reasonable manner and time. Neither Property Owner nor Carolina Mornings, Inc. shall be liable to Tenant in damages, and no refunds will be given for such temporary failure or minor disruption of any utilities, provided Carolina Mornings, Inc. is causing the system or amenity to be repaired in a commercially reasonable manner and time after having received written notification from Tenant that repairs are needed. Speed of service cannot be guaranteed due to the disbursement and remoteness of Carolina Mornings, Inc. rental properties.
c. Many Carolina Mornings, Inc. rental properties include hot tubs and pools. Tenants should be aware of some risks that can be associated with hot tub and pool use. Some of these risks can include discoloration of swimwear due to chemicals used to sanitize tubs and minor skin rashes if sensitive to the chemicals. Absolutely no dogs or children are allowed in the hot tubs, and absolutely no dogs are allowed in pools. Carolina Mornings, Inc. cannot be held responsible for hot tub and pool injuries or discomforts. Tenant acknowledges waiver of liability, including but not limited to, hot tub, whirlpool, sauna, outdoor/indoor pool, elevator, hereinafter called special feature, if so equipped. The Tenant understands that there are potential risks that the special features may present, dangers to persons using the special features for too long, or to persons intoxicated or using any kind of drugs or medication. Tenants of special attention, including but not limited to pregnant women, elderly, and disabled persons, should use heavy caution while using special features. The Tenant agrees to explain the risks of using the special feature to any guests at the property and to be fully and solely responsible for any accidents that the guests may incur. The Tenant understands the risks discussed above and agrees to assume all responsibility for the consequences of those risks. Tenant agrees to waive any claim whatsoever against Carolina Mornings, Inc. and Property Owner for accidents or claims arising from use of special features. The Tenant agrees to indemnify Carolina Mornings, Inc. for any claims made by Tenant's guests arising from Tenant's guest's use of the special feature. The Tenant also understands and agrees that the Tenant is responsible and liable and will pay Carolina Mornings, Inc. upon request for any damages that occur to the special feature and its support equipment through misuse and/or negligence, for example but not limited to, damaging the hot tub cover and/or pool liner, or allowing the water level to become too low, or causing water overflow outside the unit.
d. If the Property has a hot tub, the Tenant is responsible for sanitizing the hot tub after each use. This is accomplished by placing 2 Tablespoons of non-chlorine shock in the hot tub and turning on the jets (specific instructions are provided at the Property). If Tenant use results in the hot tub becoming excessively dirty, and the water in the hot tub requires purging, Tenant will be charged an excessive maintenance fee at a minimum charge of $150 plus applicable taxes.
e. Fireplaces are seasonal amenities and operate Labor Day through Memorial Day.
f. Outdoor fires are only permitted in fire pits that are advertised as an amenity of the property. Guests are not permitted to make their own fire pits.
g. Many Carolina Mornings, Inc. rental properties provide telephones for local calls only. Cell phone service is not guaranteed at rental properties.
h. Construction or road noise near the Property is beyond the control of Carolina Mornings, Inc. If Tenant experiences construction noise at the Property, no refunds or relocation will be made.
i. If Property is listed for sale, Tenant agrees, with 24-hour notice, to allow access to Property for prospective buyers, inspectors, and appraisers.
j. In the event that rented premises becomes uninhabitable prior to rental period, or in the event of an error in reservation procedure or change in the ownership that precludes occupancy by Tenant, Carolina Mornings, Inc. reserves the right to put into effect appropriate corrective action without loss to Carolina Mornings, Inc. Liability to Carolina Mornings, Inc./Property Owner is limited to rental monies paid by Tenant. Notification of such corrective action will be provided to Tenant at the earliest possible time.
k. If Carolina Mornings, Inc. becomes aware of any foreclosure proceedings, Carolina Mornings, Inc. will notify Tenant. In the event of a monetary loss to Tenant, Tenant understands that their sole recourse is with the Owner of the Property. Tenant agrees that Carolina Mornings, Inc. cannot be held responsible for funds lost due to a voluntary or involuntary transfer of property ownership.
9. WELL WATER AND PRESSURE:
Many Carolina Mornings, Inc. rental properties are on individual or shared wells. Although the working condition of the equipment is maintained, water interruptions may be experienced particularly in times of drought or inclement weather. Tenants can help conserve water by using as little water as possible, and by spreading showers/baths out between morning and night. Tenants should report any leaks or running toilets immediately.
Tenant agrees to hold Carolina Mornings, Inc. harmless for any accident or injury whatsoever that may occur on the Property during occupancy. Tenant must immediately report any accidents or injuries to Carolina Mornings, Inc.
Violations under this Section will result in a charge of $250 plus applicable taxes, immediate removal of pet, cancellation of the reservation, rent forfeiture, and/or immediate eviction.
a. Written approval from Carolina Mornings, Inc. is required for all pets prior to Tenant arrival at the Property.
b. Absolutely no pets other than dogs, including but not limited to cats, are permitted at any time on the rental premises or inside the Property. For the purposes of this Agreement, the term “pet” is always used in reference to a dog.
c. For pet-friendly properties, (1) Tenants will be required to sign the Carolina Mornings, Inc. Pet Policies Addendum. (2) There is a non-refundable pet fee (ranging from $0 to $300 plus applicable taxes, depending on the home) per pet as noted in the property description, add-ons, and/or booking page. (3) Any misrepresentation regarding the number of pets will be charged accordingly. (4) Tenants are held financially responsible for all physical damages to Property (i.e. chewing, scratching, flea infestation, etc.), inflicted on the Property by the presence of a pet. If extra cleaning is deemed reasonable due to the presence of a pet (i.e. soiled furniture and/or flooring, hair on furnishings or bedding, or fleas), the Tenant will be held financially responsible and the credit card on file will be charged for the amount of the repair/recovery. (5) All pets are required to be leashed when outside, and no pet shall be tied outside the Property unless supervised by a responsible adult.
d. Tenant agrees to hold Carolina Mornings, Inc. harmless for any pet injury or accident caused by their pet whatsoever that may occur on the Property during occupancy.
12. DIRECTIONS AND KEY INFORMATION:
a. Carolina Mornings, Inc. will provide detailed directions and key information to access the reserved vacation rental. Internet mapping devices and navigation systems are NOT recommended for use in the Western NC Mountains. Information regarding check-in procedures, including directions and Property key instructions, is available via the Guest Portal 30 days prior to arrival, or when paid in full. It is the responsibility of the Tenant to ensure receipt of directions 30 days prior to arrival or when paid in full. Directions should be printed in their entirety and used as a reference when driving to the Property. If Tenant forgets the directions, does not print them out in entirety, or is unable to locate the Property, Carolina Mornings, Inc. cannot be held responsible, and no rent reduction nor refund will be made.
b. Access to some of Carolina Mornings, Inc. rental properties may require driving on gravel roads or driveways, and paved roads or driveways can be difficult in inclement weather. North Carolina mountain roads may be steep and/or curvy. Tenant should adhere to any recommendation or requirement for use of a four-wheel-drive or all-wheel-drive vehicle when listed in a property description. It is highly recommended that the Tenant arrive during daylight hours for their first visit to the Property.
13. PERSONAL ITEMS:
Carolina Mornings, Inc. is NOT responsible for Tenants’ personal belongings that are lost, stolen, or left behind. If the items are found and are able to be returned, a handling fee of $25 plus applicable taxes and shipping, will be charged to the Tenant.
a. All Carolina Mornings, Inc. rental properties are professionally cleaned before Tenant arrives and after Tenant leaves. Upon arrival, Tenant should notify Carolina Mornings, Inc. immediately if the Property is not found in a suitable condition. Carolina Mornings, Inc. will make every effort to satisfy the Tenant’s needs, though no refunds will be made. If Carolina Mornings, Inc. has not heard from or received a phone call within 90 minutes of check-in, Carolina Mornings, Inc. will assume Tenants are satisfied with the cleanliness of the home and no further action will be taken. If checking in after 7:00 p.m., Tenant should report cleanliness issues by 10:00 a.m. on the following morning by calling the contact information provided under "Report an Issue" in the Guest Portal.
b. Tenant should leave all beds used during stay unmade upon departure. Any linens/towels found missing from Property will result in a replacement charge to the credit card on file. For multiple-week stays, light weekly housekeeping can be arranged during Tenant’s stay at an extra cost.
c. Tenants are responsible for cleaning and storing all dishes and utensils, and for placing all trash in the appropriate outside container. By signing this Agreement, the Tenant agrees to pay a secondary cleaning fee of up to $200 plus applicable taxes if checkout procedures are not followed as posted in the Property and additional cleaning beyond regular and routine cleaning is necessary.
15. CHECK-IN AND CHECKOUT PROCEDURES:
a. CHECK-IN IS AFTER 4:00 P.M. Entering a property earlier than the stated 4:00 p.m. check-in time will result in the early check-in fee of $35 to $125, plus taxes, being assessed and charged to the credit card on file. Early check-in fees vary by property size, and may be noted by calling our office to inquire.
b. CHECKOUT IS BY 10:00 A.M. If the Property is not vacated by 10:00 a.m, Carolina Mornings, Inc. is authorized to enter the Property and remove Tenants’ belongings from the Property at Tenant’s expense. Additionally, a late checkout fee of $35 to $125, plus taxes. will be assessed and charged to the credit card on file. Late check-out fees vary by property size and may be noted by calling our office to inquire.
c. EARLY CHECK-IN AND LATE CHECKOUT: Requests for early check-in or late checkout will be considered on a case-by-case basis. Tenant must contact the Carolina Mornings, Inc. office no more than 24 hours in advance with requests for an early arrival or late departure. Consideration is given based upon the Property’s “status” immediately prior to, or following, Tenant’s reservation. The fee is non-negotiable and will be charged to the credit card on file.
16. LOST KEY:
If Tenant loses the Property key or is locked out of the Property, Tenant may borrow a key by coming to the Carolina Mornings, Inc. office during office hours. A $75 plus applicable taxes fee will be charged to the credit card on file for all lost keys or if it is necessary for a staff member to meet Tenant at the Property.
17. ALL PROPERTIES OFFER AN INITIAL SUPPLY OF THE FOLLOWING AMENITIES:
(including, but not limited to): linens and towels (2 bath towels and 1 wash cloth per Tenant, 1 hand towel per bathroom sink), dishwasher detergent (4 loads, when applicable) and dishwashing soap, sponge (or dish cloth), laundry detergent (4 loads, when applicable), soap and shampoo (1 set per bathroom sink, including 1 bar of soap, 1 mini-shampoo and 1 mini-conditioner; OR eco-friendly wall-mounted soap, shampoo, and conditioner dispensers), paper towels (1 roll), toilet paper (2 rolls per bathroom), and garbage bags (4 kitchen bags, plus 4 recycling bags and 4 black bags, when applicable). All properties provide fully equipped kitchens or kitchenettes, including coffee makers as well as some cooking utensils. Locked pantries and closets are reserved for the use of the Property Owner and are not accessible to Tenant. Rearranging furniture or removing any items from the Property is prohibited.
18. MANDATORY EVACUATIONS:
If state or local authorities, acting pursuant to Article 1A of Chapter 166A of the General Statutes, order a mandatory evacuation of an area that includes the Property, Tenant, whether in possession of the Property or not, shall comply with the evacuation order. Upon compliance, Tenant shall be entitled from the Property Owner to a refund of the rent, taxes, and any other payments made by the Tenant pursuant to this Agreement as a condition of Tenant's right to occupy the Property prorated for each night that Tenant is unable to occupy the Property because of the mandatory evacuation ordered. Tenant shall not be entitled to a refund if: (a) prior to Tenant taking possession of the Property, Tenant refused insurance offered by the Property Owner or Carolina Mornings, Inc. that would have compensated Tenant for losses or damages resulting from loss of use of the Property due to a mandatory evacuation order; or (b) Tenant purchased insurance offered by Property Owner or Carolina Mornings, Inc. The insurance offered shall be provided by an insurance company duly authorized by the North Carolina Department of Insurance, and the cost of the insurance shall not exceed eight percent (8%) of the total amount charged for the rental to Tenant less the amount paid by Tenant for the Security Deposit.
19. ADDITIONAL PROVISIONS/DISCLOSURES:
a.1. Carolina Mornings, Inc. may require a digital copy of a current government or state identification via email or text message to be kept on file for any reservation, at Agent's sole discretion. If such identification is requested by Agent, and no such identification is provided or the provided identification does not match the credit card name on file and/or the reservation holder's name, Carolina Mornings, Inc. may cancel the reservation under the cancellation policies outlined in section 6 of this agreement, and no refunds will be made. Identification may be required for last-minute reservations, or for reasons of suspicion of fraud (such as declined credit card transactions).
a.2. Carolina Mornings, Inc. makes every effort to provide accurate information about the Property. Every effort has been made to assure that the information on the website and communicated by office staff is correct; however, it is not guaranteed. The website will contain the most up-to-date information; however, Carolina Mornings, Inc. cannot be held responsible for changes made by Owners such as decor or bedding, or unintentional misrepresentation, and no refunds will be made for such. Carolina Mornings, Inc. shall not be liable for unintentional errors, omissions, or changes in the advertisement of bedrooms and occupancy. The information herein is believed to be accurate and timely, but no warranty as such is expressed or implied.
b. The provisions of this Agreement are severable, and the unenforceability or invalidity of any provision of this Agreement shall not affect the remainder of the Agreement. The parties acknowledge that it is their intention that if any provision of this Agreement is determined by a court to be unenforceable or invalid as drafted, that provisions should be construed in a manner designed to effectuate the purpose of that provision to the greatest extent possible under applicable law. The parties hereby consent to the scope of such provision being judicially modified accordingly in any proceeding brought to enforce that provision.
c. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof, and cancels and supersedes all prior and contemporaneous agreements, understandings, negotiations, and discussions of the parties, whether oral or written, relating to the subject matter hereof. This Agreement may not be amended except in a writing signed by all parties.
d. The parties hereby consent and agree that if a dispute arises about the terms of this Agreement and a lawsuit or any other legal proceeding is initiated, the State of North Carolina has jurisdiction, and the venue is proper in the County of Buncombe.
20. Office Hours and Support Hours
I understand that Carolina Mornings' office hours are Monday-Friday, 9 am to 5 pm, and the after-hours support is available 7 days a week, 9 am to 9 pm ET. In addition, I have read and understand the following:
a. Carolina Mornings advises all guests to arrive before sunset as some mountain roads are not well-marked and can be very dark at night. Please bring a flashlight if you plan to arrive after sunset to help when entering the property for the first time.
b. Our on-call team is available until 9 pm to help guests who may need assistance. After 9 pm, all issues will be addressed the next day.
c. Guests are responsible for ensuring that they have all written driving directions and key info before departing for their trip.
d. By providing your phone number, you agree to receive text messages from our company. Message and data rates may apply. Message frequency varies.
21. PET POLICIES
Please review this portion if you or anyone in your group are bringing a pet with you to stay in a Carolina Mornings, Inc. rental property. Prior to check-in at your rental property, review the following information carefully, and verify that all pets are declared and that your rental home is an approved pet-friendly property.
a. Carolina Mornings, Inc. only accepts well-behaved, housebroken dogs into our pet-friendly properties. Even though we love all pets, we regret that we are unable to allow any animals other than dogs in our rental properties. Absolutely no cats are permitted in Carolina Mornings rental properties. For the purposes of this Agreement, the term “pet” is always used in reference to a dog.
b. Pet-friendly properties require a non-refundable pet fee (ranging from $0 to $300 plus applicable taxes) per pet, as noted in the property description, add-ons, and/or booking page. Any misrepresentation regarding the number of pets at the Property will be charged accordingly. You expressly permit us to charge the credit card on file for any undeclared pets.
The number of pets declared on this reservation is:
c. Pets are only permitted with prior approval—be sure to notify us if you are bringing a dog to one of our pet-friendly properties. If prior approval has not been authorized, and there is evidence of a pet having been at the Property, the penalty may include an additional $200 plus applicable taxes charge, immediate removal of the pet, and eviction from the Property with the forfeiture of all rental payments.
d. In the interest of protecting your dog, a leash should always be used when your dog is outside. While North Carolina does not have a state leash law, please note that cities and counties may have stricter regulations. For example, the Buncombe County law (including the City of Asheville) States:
"The city and county animal ordinances mandate that every person owning or having possession, charge, care, custody or control of any animal shall keep such animal exclusively upon his premises. However, such an animal may be off such premises if it is under the physical control of a competent person and restrained by a chain, leash, harness or other means of physical control. Beginning October 15, 2007 any animal found running at large, in accordance with the ordinance definition, will be impounded. If an owner cannot be easily found the animal will be taken to the county animal shelter and will be microchipped, at the owner’s expense, before being released to the owner."
e. As a general rule, dogs should not be left unattended in properties. In an unfamiliar environment, dogs may act uncharacteristically and unpredictably. They may get nervous and bark, causing a disturbance to neighbors. Or they may harm the Property by chewing, scratching, or making messes that they would not typically make at home. For these reasons, please remember to be respectful of nearby neighbors and also to please use a crate in the rare event that a dog must be left alone in a rental.
f. For the safety of your dog, you should not leave Fido unattended outside the Property. It is best to always stay with your dog when outdoors and use a leash.
g. If you need veterinary services during regular business hours, please call our office and we will recommend (based on our own experiences with our four-legged family members) a veterinary hospital close to where you are staying. In the event of an emergency, contact:
Regional Emergency Animal Care Hospital (R.E.A.C.H.)
677 Brevard Road, Asheville, NC 28806
Mon – Fri: open 5 p.m.-7 a.m.; Sat – Sun and holidays: open 24 hours.
Please call before arrival: 828.665.4399
h. We are proud to be the most dog friendly vacation rental company in Western North Carolina! No matter how much we love ALL of our furry friends, and we understand that no breed is inherently more dangerous than any other breed, we regret to inform that the insurance carriers of our rental properties are not always so understanding. As such, please note that the following breeds are not permitted in any of our rental homes per the home's insurance carrier(s): Akita, American Staffordshire Terrier, Chow, Doberman Pinscher, Pit Bull, Presa Canario, Rottweiler, Wolf-hybrids, or any mixes of these breeds. Please understand that this is a requirement from the insurance companies and does not necessarily reflect the views of our staff. Any violations of this prohibition will result in eviction of the pet, and any incidences would be the sole responsibility of the pet's owner and not of the homeowner, Carolina Mornings, Inc, or any insurance company thereof.
i. Legal Disclaimer: Any damages to the Property or another person because of a pet will be the sole responsibility of the registered Tenant. Carolina Mornings, Inc. is not responsible for harm caused to any pet.
Tenant acknowledges having read this Agreement before signing it, understands the meaning and legal effect of the terms of this Agreement, and believes that this Agreement is fair and reasonable. Tenant acknowledges receipt of a copy of this Agreement.
I have read, understand, and agree to the above terms and policies. I agree to pay the following charges according to my credit card agreement:
TOTAL AMOUNT OF RESERVATION:
TENANT SIGNATURE: _____________ DATE:
# OF NIGHTS:
TOTAL NUMBER OF ADULTS:
TOTAL NUMBER OF CHILDREN (2-17 Years Old):
TOTAL NUMBER OF DOGS (if applicable):
TOTAL AMOUNT OF RESERVATION:
Thank you for choosing Carolina Mornings! Please do not hesitate to contact us at 828.398.0712 with any questions.
We hope you enjoy your vacation rental!