Clear Creek Cabins Reservation Deposit Payment Form

Fax deposit payment form (but not the Vacation Rental Agreement) to 877-715-2783 (toll-free)

Deposit Amounts (1,2, or 3 nights - see table for amounts for longer stays):
- Cabin in the Meadow: $149.52 ($135 nightly rate plus 10.75% tax)
- Cabin on the Hill or Cabin in the Woods: $178.92 ( $160 nightly rate plus 10.75% tax)

Deposit Amount, please circle amount: $149.52 - or - $178.92 -or - Other:_____________________

Credit/Debit Card Number: _______________________________ Exp. Date: ____________
Security Code (see back of your card): ______ Credit/Debit Card Type: __ Mastercard ___ VISA

Customer has authorized Clear Creek Cabins to receive a prepayment deposit in the amount shown above via check or credit/debit card, or if no amount is filled in, in the amount shown in the referenced table. In the event that customer cancels their stay within 30 days of check in (60 days for reservations of one week or more), customer understand that 100% of the above deposit will be forfeited, unless the cabin is re-rented on the dates reserved, according to our stated cancellation policy. There are no refunds in the case of early departures, unless the cabin is rerented for the unused nights. A $35 processing fee is deducted from any refund. Customers may wish to consider travel insurance at www.insuremytrip.com. Damage/Loss Reimbursement: Customer authorizes Clear Creek Cabins to charge up to $250 to the above credit/debit card to reimburse Clear Creek Cabins for any damage to the cabin or its facilities, or damage to or loss of the cabin contents, or for any extra cleaning required in the event the cabin is not left in a clean and tidy condition.

Guest agrees to hold Clear Creek Cabins and its property owners harmless for any accident or injury whatsoever that may occur on the rental property during occupancy. Please note that the cabins are non-smoking, and that regretfully we cannot accommodate pets. Customer has read and agrees to the attached Vacation Rental Agreement which is required by the state of North Carolina.

Signature: _________________________________

Billing Address
(must be credit card billing address)		 E-mail:_______________________________
Name:__________________________ (Receipt/invoice/map will be sent to e-mail address, unless you request it be sent by mail. PLEASE PRINT CLEARLY!)
Address:________________________ Cell Phone:_______________________________
City, State:____________________ (In case we need to reach you while you are traveling.)
Zip:__________________________ Phone:___________________________

Please fill out if you have NOT reserved online:

Dates of Stay:______________________ # of nights: ____ # of adults: _____ # of children: ____

Expected arrival time: _________ (If known -- check-in is 4PM to 8PM, unless otherwise agreed)

How did you locate our web-site? ______________________________________

If this form will reach us by 60 days prior to your arrival date, it can be mailed to: Clear Creek Cabins, 172 Highlands Sq. Dr. #144, Hendersonville, NC 28792 Phone: 877-715-2783 Payment may be made by check in that case.

VACATION RENTAL AGREEMENT

North Carolina law requires the following notice:

THIS IS A VACATION RENTAL 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, OR PAYMENT OF MONEY OR TAKING POSSESSION OF THE PROPERTY AFTER RECEIPT OF THIS AGREEMENT, IS EVIDENCE OF YOUR ACCEPTANCE OF THE AGREEMENT AND YOUR INTENT TO USE THIS PROPERTY FOR A VACATION RENTAL.

Disbursement of Rent: Tenant authorizes owner to disburse up to fifty percent of the total rent for the reserved time to owner or as the owner directs prior to tenant's occupancy of the premises, and the balance of the rent upon the commencement of the tenancy, a material breach of this agreement by the tenant, or as otherwise permitted under the Vacation Rental Act. Tenant authorizes owner to disburse prior to tenant's occupancy of the premises any fees owed to third parties for goods, services or benefits procured by owner for the benefit of the tenant, including but not limited to, any fees set forth herein payable for reservation, transfer or cancellation of tenancy.

Trust Account: Any advance payment made by tenant shall be deposited in a trust account at the bank specified in your deposit receipt e-mail. Tenant agrees that any advance payment may be deposited into an interest bearing trust account and that any interest thereon shall accrue for the benefit of, and shall be paid to the owner (or as the owner directs) as it accrues and as often as is permitted by the terms of the account.

Rules and Regulations: Tenant agrees that tenant has received and read the rules and regulations, and understand that they are an integral part of this agreement.

Vacation Rental Rule and Regulations

Check In: Check in is 4PM to 8 PM on the day of arrival, or as otherwise arranged. The balance of the rental amount and taxes will be paid at the time of check-in by credit/debit card, cash, or certified check.

Check Out: Check out is before 11 AM. Keys must be left in the cabin or in the provided key drop box. The premises should be left as you found it- in clean condition. Tenant is required to wash dishes and put them away. Refrigerator should be emptied and clean. Stove and oven should be clean. The counters should wiped off. The floors and porch should be swept. The A/C and heat should be turned off. The lights should be turned off. Trash must be bagged and tied, and can be left in the outside can with the lid shut tight. All windows must be closed. Bed linens should be placed on beds and dirty towels should be gathered and placed in the tub or shower. There will be no refunds for early departure or unused time.

Furnishings / amenities provided and items you must bring
Accommodation Rules and Duties of the Tenant
Pursuant to NC statute, the tenant shall:

(1) keep that part of the property which he or she occupies in a clean, safe condition and cause no unsafe or unsanitary conditions in the common areas and remainder of the property that he or she uses.
(2) Dispose of all ashes, rubbish, garbage, and other waste in a clean and safe manner.
(3) Keep all plumbing fixtures in the property or used by the tenant as clean as their condition permits.
(4) Not deliberately or negligently destroy, deface, damage, or remove any part of the property or render inoperable the smoke detector provided or knowingly permit any person to do so.
(5) Comply with all obligations imposed upon the tenant by current applicable building and housing codes.
(6) Be responsible for all damage, defacement, or removal of any property inside the property that is under his or her control, including the hot tub, porch furniture, or other cabin facilities unless the damage, defacement or removal was due to ordinary wear and tear, acts of the landlord or his or her agent, defective products supplied or repairs authorized by the landlord, acts of third parties not invitees of the tenant, or natural forces. Tenant agrees that reimbursement for such damages, up to $250, will be charged to the credit or debit card used to make the rental prepayment deposit.
(7) Notify the landlord of the need for replacement or repairs to the smoke detector. The landlord shall annually place new batteries in a battery operated smoke detector, and the tenant shall replace the batteries as needed during the tenancy. Failure of the tenant to replace the batteries as needed shall not be considered negligence on the part of the tenant or landlord.

Pursuant to NC statute, the following warning is required:

WARNING

'Under North Carolina law, there is no liability for an injury to or death of a participant in an agritourism activity conducted at this agritourism location if such injury or death results from the inherent risks of the agritourism activity. Inherent risks of agritourism activities include, among others, risks of injury inherent to land, equipment, and animals, as well as the potential for you to act in a negligent manner that may contribute to your injury or death. You are assuming the risk of participating in this agritourism activity.'

Weather

We cannot guarantee the weather conditions. There will be no refund due to inclement weather unless otherwise provided herein in the "mandatory evacuation/ state road closure" provision of this agreement.

Inspection of premises

Tenant agrees that owner or owner's agents may enter the premises for during reasonable hours to inspect, repair, improve the premises or to show the premises to prospective purchasers or tenants.

Landlord's obligations and responsibilities

Comply with all current applicable building and housing codes.
Make all repairs and do whatever is reasonable/ necessary to put and keep the premises in a habitable condition.
Keep all the common areas of the property in a safe condition.
Maintain in good and safe working order and reasonably and promptly repair all electrical, plumbing, sanitary, heating, ventilating, and other facilities and appliances supplied by him or her upon written notification from the tenant that repairs are needed.
Provide operable smoke detectors. Landlord shall replace or repair the smoke detectors if the landlord is notified by the Tenant in writing that replacement/repairs are needed. Landlord shall annually place new batteries as needed during the tenancy.

Cancellation by tenant

Tenant will not obtain a refund if the cancellation notice is received less than 30 days prior to commencement of the tenancy period if the tenancy period is less than one week, or if the cancellation notice is received less than 60 days prior to commencement of the tenancy period if the tenancy period is one week or more, except that in the event that the cabin is re-rented for the days of the reservation a refund will be returned. A $35 processing fee will be changed in the event of a refund.

Transfer of the property by owner

If the property is voluntarily transferred by landlord, a tenant has the right to enforce the vacation rental agreement against the grantee of the property if the vacation rental is to end 180 days or less after the date of the grantee's interest in the property is recorded; if the vacation rental is to end more than 180 days after the recordation of the grantee's interest in the property, the tenant has no right to enforce the terms of the agreement unless the grantee agrees in writing to honor the agreement. If the grantee does not honor the agreement, the tenant is entitled to a full refund of any payments made. Within 10 days after the transfer of property, grantee or grantee's agent shall : a) notify each tenant in writing of the property transfer, the grantee's name and address, and the date the grantee's interest was recorded. B) advise each tenant whether he or she has the right to occupy the property subject to the terms of the vacation rental agreement and the provisions of this section. C) advise each tenant of whether he or she has a right to receive a refund of any payments made by him or her.

Upon termination of the landlord's interest in the property, whether by sale, assignment or death, appointment of a receiver or otherwise, the landlord, landlord's agent , or real estate agent is required to transfer all advance rent paid by tenant ( and other fees owed by third parties not already lawfully disbursed) to the landlord's successor in interest within thirty days and notify the tenant by mail of such transfer and of the recordation of the landlord's successor in interest in the property, and the successor in interest has not agreed to honor the vacation rental , all advance rent paid by the tenant must be transferred to the tenant within 30 days.
If the landlord's interest in the property is involuntarily transferred to another prior to the tenant's occupancy of the property, the landlord shall refund to the tenant any payment made by the tenant within 60 days after the transfer.

Cancellation by owner

The owner or owner's agent has the right to cancel this agreement at any time prior to the tenant taking possession of the property. In such event, all payment made by the tenant will be refunded, and the owner will not be liable for any damages, including but not limited to consequential and incidental damages incurred as a result of the cancellation.

Expedited Eviction

If the tenancy herein is created is for 30 days or less, the expedited eviction procedures set forth in the Vacation Rental Act will apply. Tenant may be evicted under such procedures if Tenant:
1. Holds over in possession after Tenancy has expired.
2. Commits a material breach of the any provision of the agreement (including any addendum hereto) that according to its terms would result in the termination of the tenant's tenancy.
3. Fails to pay rent as required by the agreement.
4. Has obtained possession of the premises by fraud or misrepresentation.

Mandatory Evacuation, State Road closure

If state and local authorities order a mandatory evacuation of an area that includes the premises, Tenant shall comply with the order. Upon compliance, Tenant will be entitled to a refund of the prorated rent for each night that tenant is unable to occupy the premises because of the order. In addition, if tenant is unable to begin tenancy due to road closure by state and local authorities, a prorated refund for each night that tenant is unable to occupy the premises will be issued. If state roads are open and tenant chooses not to begin occupancy, no refunds will be given. There is no guarantee that private roads will be passable and no refunds will be given for lack of snow removal.

Assignment

This agreement is not assignable except by the written consent of the parties.

Legally Binding/ Attorney fees/ Indemnification and Hold harmless

Tenant agrees to abide by this agreement and understands that it is legally binding. All parties agree that in event of a dispute that the agreement will be interpreted in accordance with NC law. Tenant shall be responsible for attorney fees and costs of owner and/or owner's agent incurred and arising out of any breach of this agreement by Tenant or Tenant's invitees. Tenant agrees to indemnify and hold harmless the owner, owner's agents , owner's employee's, owner's managers, and owner's agent's employees from and against any and all liability for any claim for personal injury, property damage, intangible damages, advertising injury, discrimination, or any other cause of action in tort, contract or equity arising out the acts or omissions of tenant or tenant's guests.