Above The Clouds Cabin
Above The Clouds Cabin
Above The Clouds Cabin

Policies

Upon reserving your stay at the cabin, you will be prompted to review and agree to the cabin rental agreement, which acts as a contract for your stay. If you do not agree to the contract, you will not be allowed to reserve the cabin online. Please ensure you read the rental agreement to be familiar with our policies.

Cabin Rental Agreement / Contract

State of Georgia, Counties of Gilmer and Fannin

Reservation Agreement

Guests acknowledge, understand, and agree that the moment Guests give Agents their credit card information, Agents are authorized to charge said credit card for the rental amount agreed upon. Agents’ Cancellation Policy will govern any cancellation, rescheduling, or change after the credit card authorization.

Cancellation / Rescheduling Policy

Cancellations, rescheduling, or changes must be submitted in writing and confirmed no later than twenty one (21) days prior to check-in date, in order to receive refund, less $30 processing fee. If cancellations, rescheduling, or changes are made less than twenty one (21) days prior to check-in date, NO REFUNDS OR REBATES will be offered. NO EXCEPTIONS.

No Show / Early Departure Policy

Agents are not responsible for Guests inability to arrive or if Guests chooses to depart early for any reason, or if members of Guests party do not show up. NO REFUNDS OR REBATES will be offered.

Refunds

This Cabin Rental Agreement is a legally binding agreement between Guest & Owner. Your reservation binds you to a specific period of time. Agent will make every effort to correct any problem that arises during your stay in a timely manner. There should be no expectation of refund, and there will be no refund or relocation because you are disappointed with the property you have chosen to rent or in the event that something associated with the property is not working to your satisfaction. There will be no refunds or compensation for: Acts of God, Mother Nature, acts of war or government agencies, road maintenance, gas shortages, power outages or water outages.

Maximum Occupancy

The maximum occupancy is stated in all accommodation descriptions. Any child one year old and above is considered an occupant & must be included in the occupancy total. Rollaway beds, inflatable mattresses & sleeping bags are prohibited. If you are found to exceed the maximum occupancy of your cabin it will be considered a breach of contract and will result in immediate eviction with no refunds or rebates.

Directions to Rental Property

Directions will be sent fourteen (14) days prior to your arrival (or immediately if reservation is less than 14 days away), after the remaining balance has been billed to your credit card. If Guests leave home without directions, Agents cannot be held responsible for Guests being unable to find their rental unit. NO REFUNDS OR REBATES will be offered.

Licensee of Owner

Guests are a licensee of the Owner and not a tenant; and that Guests are not acquiring any interest in the property.

Listing Owner

Information regarding individual listings is believed accurate but cannot be guaranteed.

Construction at Nearby Sites

Guests acknowledge, understand, and agree that construction of new accommodations and attractions occur in resort areas. No REFUND OR REBATE will be offered for inconveniences due to but not limited to; construction, construction noise, road repair, and maintenance.

Right of Entry

Guests acknowledge, understand, and agree that Agents reserve the right to enter property at anytime to investigate disturbances, check occupancy, check damages, make repairs, alterations, and improvements, as the Owners deem necessary.

Maintenance

In case of a breakdown of any property equipment, guests shall notify the Owner immediately to make the necessary repairs. We can not guarantee; heat, air conditioning, electricity, water, any appliances, cable, satellite, television, telephones, electronics, gas logs, grills, etc. No refunds or compensation will be given for failure of the above. Should a repair person make a call to repair or replace a unit that is found to be in non-working order and the problem was due to Guests oversight, neglect or misuse, Guests agree that the repair call costs may forfeit their damage deposit.

Cable TV

The owner of the rental properties cannot guarantee TV channel availability. The property does not offer premium packages, i.e., Movie Channels, Sports Channels, Pay Per View, etc. Under no circumstance can we activate premium channels. NO EXCEPTIONS! NO REFUNDS OR REBATES will be offered.

Gas Log Fireplace

Guests acknowledge, understand, and agree that gas log fireplaces are seasonal and are operational from October 01 through May 1. No other items may be burned in gas log fireplace, including but not limited to; sticks, wood, charcoal, lava rocks, etc. Guests agree to pay not less than $100, if any other item is burned in fireplace. Guests further agree that no fire will be left unattended.

Wood Burning Fire pit

All fireplaces are seasonal and are operational from Oct. 1 – April 1. Nothing shall be burned other than hardwood or duraflame type logs shall be burned in wood burning firepit. Guest agrees that no burning or smoldering fireplaces or firepits shall be left by guests, ever. Firewood is provided Oct. 1 – April 1 (starting in 2015).

Items Left Behind

Agents are not responsible for any items Guests leaves behind in cabin. Fees for shipping costs for the return of any items Guests leave behind in cabin may apply.

Hot Tub

Guests may not add any objects or chemicals to the hot tubs. Guests agree to pay not less than $100, if hot tub has been compromised in such a manner that results in cleaning services being delayed. Hot tubs have been cleaned prior to Guests arrival. Guests agree to pay an additional charge of $35 if Guests request an additional cleaning of hot tub during Guests’ stay. Guests understand that hot tub usage is at their own risk and will not hold Agent or Property Owner responsible for any injury. It is absolutely forbidden for children to be in the hot tub without a responsible adult.

Furnishing / Furniture

All furnishings/furniture in the cabin are in place as the owner wish them. Guests agree to pay not less than $100 if furniture is rearranged and not returned to its original position in such a manner that results in cleaning services being delayed.

Long Distance Telephone Calls

The cabin telephones is toll restricted and do not permit long distance calls except for calling card calls, credit card calls, collect calls, valid third party calls, and emergency (911) calls. Majority of Cell-phone coverage is reliable in the cabins, however signal may weaken in the surrounding area.

Non-Smoking / No Exceptions!

The cabin is non-smoking (including all decks, porches and steps). Guests agree to pay not less than $350 for odor abatement if they smoke in the cabin or if cigarette butts are left on the grounds.

Alcohol / Drugs

No drinking of alcoholic beverages by persons under the legal age of twenty-one (21) is allowed on rental properties. Guests agree that if the Owner observes Guests under the legal age of twenty-one (21) drinking alcoholic beverages, this Agreement/Contract may be terminated and Guests evicted with no refund or rebate at the option of the Agents. Illegal drug use is strictly prohibited.

Conduct

Occupancy and use of premises shall not be such as to disturb or offend neighbors or residents, including but not limited to; parties, excessive speeding through neighborhoods, riding of ATV’s or Off Road Motorcycles/Dirt Bikes, excessive noise and/or obnoxious behavior, discharging of Firearms, BB/Pellet Guns, Paint Ball Guns, Potato Cannons, or Fireworks, etc. The Owner has the prerogative to terminate this Agreement/Contract and to demand that disruptive Guests vacate the premises, thereby forfeiting all monies to Agents. NO REFUND OR REBATES will be offered.

Gravel Roads

Roads leading to the cabin are dirt and gravel and mountainous and are sometimes bumpy. Owner is not responsible for conditions of road and NO REFUND OR REBATE will be offered.

Propane Grills

Properties with propane grills, are fueled by liquid propane, and under NO circumstances may Guests add charcoal or any derivative of charcoal to the propane grills. Guests agree that if Guests add charcoal to a propane grill, Agents are authorized to charge not less than $100 to Guests credit card for cleaning of grill.

Bear / Deer / Insects

Guests are in the mountains and woods and depending upon the time of year may encounter Bear, Deer, Turkey, Bats, Ladybugs, Carpenter Bees, Wasps, Scorpions, Ticks, Ants, Chiggers, etc. Guests are encouraged to dress accordingly and to bring insect repellent for outdoors activities. NO REFUND OR REBATE will be offered.

Deposit / Credit Cards

Guests agree that the initial deposit of fifty percent (50%) is paid upon the initial reservation. The balance of the total is due fourteen (14) days prior to Guests arrival date or immediately if reservation is less than 14 days away.

Lock Out

A lock out of Guests from cabin will result in a $25 service call during business hours. Guests agree that a lock out after business hours will result in a locksmith being called and Guests credit card being charged accordingly.

Key Return

Guests are responsible for the return of the property key. They are to be left on the kitchen table and lock the door when leaving. If the property key is not returned upon check-out, Guests agree that there may be costs of re-keying or replacing all of the locks and re-issuing new keys to owners and cleaning crew.

Pet Policy

Guests acknowledge, understand, and agree to continue its very lenient Pet Policy, the following items must be adhered to:

  1. Pets are not permitted in hot tub. Guests agree to pay not less than $100 cleaning fee if pet gets into the hot tub.
  2. Pets must be completely housebroken, well behaved, and pest free.
  3. Pets are not allowed on furniture. Guests will be charged a cleaning fee of not less than $50 if pet hair causes a delay in cleaning services.
  4. Guests agree that they will not use any linens or towels on pets other than the pet towels brought by Guests.
  5. Pets shall not be left uncrated while alone in cabin.
  6. Guests agree to pay for any damages caused by pets.
  7. If pets have an accident in cabin, all clean up will be performed by the Guests. Guests further agree to police waste from the grounds and deposit in outside garbage cans. Guests agree that failure to comply with clean-ups of either inside cabin or outside cabin will result in an additional cleaning charge of not less than $50.
  8. Guests agree to be in full control of their pets at all times and take full responsibility for their pets well being. There are no leash laws, but recommend you leash your pets. Guests should plan accordingly.
  9. No more than two pets will be allowed to stay in the cabin at any time.
  10. If any of these Pet Policy items are not met, Guests are in violation of this Agreement/Contract.

Damages to Property

Premises are to be left in clean, undamaged condition, and that Guests must follow check-in and check-out procedures, along with the pet policy. Properties have been cleaned and inspected prior to Guests arrival. Guests agree to call Owner if any damages or defects are noticed. Guests agree that by signing this Cabin Rental Agreement/Contract, Guests are authorizing the Owner for forfeit or reduction of their damage deposit for any damages, repairs, replacement, or special cleaning sustained for real or personal property.

Check In / Check Out Times

Check in time is anytime after 5:00 PM; checkout is anytime prior to 11:00 AM. Keys will not be released, nor will cabin be available until check in time of 5:00 PM unless authorized by the Owner.

Refusal of Service

Agent reserves the right to refuse service to anyone. All rental properties are leased without regard to race, color, religion, sex, national origin, or handicap. Due to liability issues, Agent will be unable to provide prospective renters with directions or keys to preview properties.

Violation of Agreement / Contract

Guests acknowledge, understand, and agree that Owner reserves the right to remove renter, if any of the of Agreement/Contract items are not met. NO REFUND OR REBATE will be offered.

Expedited Eviction

A material breach of this Agreement by Guests, which, in the sole determination of the Owner, results in damage to the Premises, personal injury to Guests 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 Guests tenancy. Violation of any of the rules contained herein will result in IMMEDIATE EVICTION and forfeiture of rent and security deposit. If the tenancy created hereunder is for 30 days or less, the expedited eviction procedures set forth in the Cabins Act will apply. Guest(s) may be evicted under such procedures if Guest(s): (I) hold over in possession after Guest(s) tenancy has expired; (II) commit a material breach of any provision of this Agreement that according to its terms would result in the termination of Guest(s) tenancy; (III) fail to pay rent as required by this Agreement, or (IV) have obtained possession of the Premises by fraud or misrepresentation. Any reservation made under false pretenses will result in forfeiture of advance payments and the party will not be permitted to check-in.

Disputes

This Agreement/Contract shall be governed by and interpreted in accordance with the laws of the State of Georgia and be treated as though it were executed in the County of Gilmer, State of Georgia. Any action relating to this Agreement/Contract shall be instituted and prosecuted only in the Gilmer County Superior Court, Georgia. Guests specifically consent to such jurisdiction and to extraterritorial service of process.

Indemnification and Hold Harmless

Guests acknowledge, understand, and agree that Guests shall be solely responsible for any property damage, accident or injury to any person or loss sustained by any person, including loss of money, jewelry, and other items of personal property, arising out of or in any way related to Guests use of the premises or the items of personal property provided by the Owner at Guests request. Guests shall inspect and be familiar with proper use and application of such items prior to using them. Guests hereby agree to INDEMNIFY and hold the Owner harmless from any and all claims including those of third parties, arising out of or in any way related to Guests use of premises or the items of personal property provided therein. Guests hereby agree to hold homeowner harmless and to indemnify same against any and all claims which may arise during and after the course of rental as a consequence of any acts or omissions of the cabin owner. Guests assume the risk of injury or other losses relating to any recreational activities and will hold owner harmless with respect there to.

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