Short Term Rental Agreement

Last updated February 13, 2024

Agreement between User and Tranquility Base Vacations

We require a clear copy the Lead Renter’s government issued ID for our files (e.g. Drivers License, Passport ID page). The documentation will be held only for the duration of your stay after which time it will be permanently deleted from our files. You may email or upload either a photo or PDF copy at the time of booking.

  This Agreement is between the Owner of the property, Joe & Tina Truehart (“Owner”) and the Lead Renter (“Guest”) identified at the time of booking for the dates specified at the time of booking.

  1. Property
    1. This Rental Agreement for Roamer’s Respite Vacation Rental (“Agreement”) is for certain property located at: 553 Deep Gap Rd, Sylva, North Carolina, 28779.
    2. The Property is owned by Owner. The Property is fully furnished by Owner and equipped for light housekeeping.

    3. A starter supply of household cleaning and hygiene products may be available in the Property for use. Guest is responsible for purchasing any additional supplies and all food and beverages.  

  2. Reservation Requirement
    1. Upon acceptance of the Terms and Conditions, full payment and submission of government issued ID at the time of booking, the Guest knowingly and willfully agrees in full to the terms of this Agreement.
    2. Upon acceptance of the Terms and Conditions, the Lead Renter will be charged Full Payment for the entirety of the Guest’s reservation stay, including
      1. 11% Jackson County Sales and Accommodation Tax.
      2. 4% Guest Service Charge
      3. Other associated fees (e.g. dog, cleaning)
    3. Thereafter, Guest waives all rights to bank account interest that may accrue on the Initial Deposit. Upon acceptance of the Terms & Conditions Agreement and the Full Payment, confirmation of Guest’s reservation will be emailed to Guest. Guest has the obligation to notify Owner of any errors in the confirmation email within one (1) business day.
  3. Rental Party
    1. All persons in the rental party will be bound by the terms of this Agreement. “Rental Party” means Guest plus their direct guests.

    2. Guest warrants that the Lead Renter is an adult, 25 years or older, and will be an occupant of the Unit during the entire reserved period. A copy of the Lead Renter’s driver license or passport is required and will be kept on file. Other occupants of the Unit may be family members, friends or other responsible adults.  Guests under the age of 18 are considered Minors. Minors shall stay with a parent, legal guardian, or responsible adult, and must never be left at the property unsupervised.

    3. Any reservation obtained under false pretense will be subject to forfeiture of advance payment, deposit and/or rental money, and the party will not be permitted to check-in.
  4. Maximum Occupancy 
    1. The maximum number of persons allowed to stay in the Property is limited to nine (9), unless the Owner gives prior written consent. Guest will be charged without notice for additional persons staying in the Property and not disclosed to Owner. 
    2. The maximum number of pets allowed to stay at the Property is limited to four (4) with the proper number of pet fees paid, unless the Owner gives prior consent. 
  5. Visitors. Visitor is an occupant of the Property who is not staying overnight. The total number of persons permitted in the Property at any given time, including visitors, is six (6). Any visitor staying overnight is subject to additional charges.  
  6. Rental Period & Check-In  The term of this lease will be as identified at time of booking. The Property will be ready for Guest’s occupancy beginning at 4:00 PM on the Arrival Date and the Property must be vacated by 10:00 AM on the Departure Date, unless otherwise agreed by Owner. If Guest or any member of the Rental Party remains on the Property beyond the Departure Date or time, Guest will be responsible to pay a rental rate of $25 per hour.  
  7. Door Access Codes
    1. Owner will provide Guest with access codes to the Front Door within 24-48 prior to their stay. No keys will be issued. 

  8. Rental Rules & Restrictions. Guest agrees to abide by the  following restrictions by Owner (the “Rules”):  

    1. Smoking is not permitted inside the Property  

    2. Garbage must be placed in the proper receptacles

    3. Clean up after pets  

    4. If any person in the Rental Party fails to follow any of the Rules, the Rental Party may be asked to vacate the Property and Guest will forfeit all rent paid.  

  9. Cancellation
    1. If Guest cancels the reservation between Twenty-one (21) and fourteen (14) days before the Arrival Date, then 50% of the total amount will be forfeited.
    2. If Guest cancels the reservation less than Fourteen (14) days before the Arrival Date, the Total Amount (100%) will be forfeited. 
  10. Cleaning 
    1. A cleaning fee of $170.00 will be charged to the Guest. Daily housekeeping services are not included in the rental rate. Throughout the rental period, Guest will be responsible for keeping the Property clean and in good condition. Any unsafe or dangerous condition must be reported to Owner immediately. Guest acknowledges that on the Arrival Date, the Property is in good condition, except for any defect Guest may report to Owner by the end of the first day following the Arrival Date. The Property should be left in the same condition as it was found by Guest on the Arrival Date. Guest promises to leave the Property in good repair. 

    2. If unusual cleaning is necessary, there shall be an additional charge which shall be charged to the Lead Renter’s credit card on file. Guest will be provided with copies of all additional charges.

    3. Please follow the Departure Checklist to avoid additional cleaning charges for excessive cleaning. 

  11. Furnishings The following furnishings will be provided with the Property: The property is furnished and includes household appliances, furnishings, decorations, linens, towels, kitchenware, audio/video equipment and personal property.

    1. Furnishings are subject to change without notice. Furniture, bedding, kitchen equipment, utensils, and any other personal property supplied with the Property must not be removed from the Property. Loss of any items within the Property or damage to the Property or furnishings in excess of normal wear and tear will be charged to Guest. The Property will be inspected by Owner after Guest’s departure. All contents of the Property are the property of Owner. If an item should break, Guest must notify Owner immediately. Guest is not permitted to alter the wiring of any television, computer, or gaming equipment.

  12. Parking

    1. Parking is limited to four (4) spaces. Guest may only park in designated parking area. 

    2. Trailers, of any type are not permitted without prior approval of the Owner.  Do not attempt to bring a trailer onto Deep Gap Rd without first discussing with the Owner. Any situation that arises from failing to contact the Owner will fall solely on the Guest or Rental Party.

  13. Mechanical Failures  Owner attempts to properly maintain the Property. While all electrical and mechanical equipment within the Property are in good working order, Owner cannot guarantee against mechanical failure of electrical service, stopped plumbing, water supply, heating, air conditioning, audio visual equipment, internet access, cable service, or appliances. Guest agrees to report any inoperative equipment or other maintenance problem to Owner immediately. Owner will make every reasonable effort to have repairs done quickly and efficiently. Guest will allow Owner or a person permitted by Owner access to the Property for purposes of repair and inspection. Owner is not responsible for any inconvenience that may occur and no refunds or rent reductions will be made due to failure of such items.
  14. Force Majeure No refunds will be given if there is a storm or severe weather (i.e. hurricane, earthquake, forest fire) even if a mandatory evacuation order has been given. Owner will not be liable or deemed in default under this Agreement for any failure to perform or delay in performing any of its obligations due to or arising out of any act not within its control, including, without limitation, acts of God.

  15. Limitation on Liability.  Owner is not responsible for any accidents, injuries or illness that occur to any member of the Rental Party or Guest’s visitors while in the Property or on the Property. Owner is not responsible for loss of personal belongings or valuables belonging to any member of the Rental Party or any of Guest’s visitors. Guest agrees to assume the risk of any harm arising from use of the Property. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, INCLUDING TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE, SHALL OWNER BE LIABLE TO GUEST OR ANY OTHER PERSON FOR ANY DAMAGES OF ANY NATURE WHATSOEVER INCLUDING ARISING OUT OF OR RELATING TO THIS AGREEMENT OR GUEST’S RENTAL OF THE PROPERTY OR USE OF THE PROPERTY. IN NO EVENT WILL OWNER BE LIABLE FOR ANY DAMAGES IN CONNECTION WITH THIS AGREEMENT, EVEN IF OWNER SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.

  16. Indemnification.  Guest acknowledges that the use of the Property by the Rental Party and Guest’s visitors is entirely at their own risk. Guest will indemnify and hold harmless Owner from any and all expenses, costs, damages, suits, actions, or liabilities whatsoever arising from or related to any and all loss of or damage to personal property, including injury or death resulting from the use or occupancy of the Property or the failure of any member of Rental Party or Guest’s visitors to observe the rules and restrictions set forth in this Agreement.  
  17. Violation of Agreement. If Guest or any member of the Rental Party violates any of the terms of this Agreement, including but not limited to maximum occupancy, visitors and rental rules and restrictions, Owner may evict Guest and the Rental Party from the Property and Guest will forfeit all rent and security deposit paid.

  18. Governing Law. This Agreement and all transactions contemplated by this Agreement will be governed by, and constructed and enforced in accordance with the laws of the State of North Carolina (not including its conflicts of laws provisions).  Any dispute arising from this Agreement shall be resolved  through mediation. If the dispute cannot be resolved through mediation, then the dispute will be resolved through binding arbitration conducted in accordance with the rules of the American Arbitration Association.  

  19. No Waiver. Neither Owner nor Guest shall be deemed to have waived any provision of this Agreement or the exercise of any rights held under this Agreement unless such waiver is made expressly and in writing.
  20. Severability. If any provision of this Agreement is held to be invalid or unenforceable in whole or in part, the remaining provisions shall not be affected and shall continue to be valid and enforceable as though the invalid or unenforceable parts had not been included in this Agreement.

  21. Entire Agreement. This Agreement represents the entire understanding and agreement between the Parties with respect to the subject matter of this Agreement and supersedes all other negotiations, understandings and representations (if any) made by and between the Parties.