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 THE 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 THE AGREEMENT, IS EVIDENCE OF YOUR ACCEPTANCE OF THE AGREEMENT AND YOUR INTENT TO USE THIS PROPERTY FOR A VACATION RENTAL.
CHECK-IN TIME is AFTER 4 P.M. AND CHECKOUT is 10 A.M. NO Early Check-in or late checkout without prior permission.
This is a NON SMOKING cabin. Smoking is only allowed outside. Please do not litter cigarette butts as this may result in an additional cleaning charge.
PAYMENT – An advance payment equal to 50% of the rental rate is required upon making a reservation. The advance payment will be applied toward the rent. Please make payments via credit card, debit card. The full balance is due 60 days before your arrival date. Reservations made less than 60 days prior to check in will pay full rental amount at booking.
CANCELLATION POLICY –
RATE CHANGES – Rates subject to change without notice.
COVID-19 PROVISION - In the event Swain County or North Carolina implements Travel Restrictions, or Closes Hotels/Short Term Rentals, we will offer to reschedule reservations to within 1 year of your original check-in date.
INCLUSIVE FEES – Amenity fees are included in the rental rate. The cleaning fee paid at booking is to have the property professionally cleaned and prepared for your arrival. This fee does include a one-time linen & towel setup, a starter amount of paper products, a sample of cleaning products and toiletries, a full tank of propane for the gas grill, and firewood for the outside fire pit.
MINIMUM STAY – A (3) night minimum stay is required. Longer minimum stays may be required during holiday periods.
MINIMUM AGE TO BOOK — You must be at least 25 years old to reserve Native Winds
MAXIMUM OCCUPANCY – The maximum occupancy for Native Winds is 6 guests (this includes children). For more than the 4 guests, there is a $25.00 per person, per night charge. (please verify the number of guests at booking). The housekeeper stocks supplies for the number of guests expected. Supplies include things like towels, wash cloths, hand towels, trash bags, blankets, sheets, and a basic starter supply of cleaning and paper products (dish soap, wipes, detergents, toilet paper and paper towels).
FALSIFIED RESERVATIONS – Any reservation obtained under false pretense will be subject to forfeiture of advance payment, deposit and/or rental money. The party will not be permitted to check in, or shall be asked to vacate the property.
NO DAILY HOUSEKEEPING SERVICE – Daily cleaning service is not included in the rental rate. While linens are provided, we recommend you bring beach towels if you plan to tube, raft, boat, etc. Towels or linens are not to be taken from the Cabin.
PETS — Native Winds is pet friendly. We allow up to 2 pets that are each 40 pounds or less. We may allow more than 2 pets, and/or a single pet larger than 40 pounds based on situation. All Guests traveling with pets are subject to the Pet Addendum/Terms and Conditions and must pay the per reservation “Pet Rent” of $50/pet to cover the cost of additional cleaning procedures and specialty products. In accordance with ADA guidelines, pet rent is waived for service animals. (Guests that bring unapproved pets are subject, but not limited to: Paying double the usual pet rent and risk eviction from the cabin without refund). Guests are responsible for any damages made by pets and/or service animals.
WIFI/INTERNET/CELL – Native Winds does provide complimentary WiFi for guest use. Please note, the only internet available in the area is via Satellite. For most needs it works well but is not suitable for streaming, gaming, or high download speeds. Inclement weather will affect performance. Since there is no additional charge for this service, we cannot give refunds of any kind for the free Wi-Fi internet service should issues or interruptions happen. Cell phone service is typically excellent at the cabin’s location, however not guaranteed as this can vary by service provider.
OUTSIDE DECKS- Children of any age MUST be supervised at all times by an adult while outside on the open-air decks. Decks are high off the ground, and at no time should any guest sit, lean against or over the deck railing or over any item (chair, table etc.) on the deck.
HOT TUB – No children under the age of 12 are permitted in hot tubs at any time. When using the hot tub, remember there is a certain health risk associated with this amenity. Use at your own risk. The Hot Tub will have been drained, and/or sanitized, refilled, and replenished chemicals in all tubs prior to your arrival; therefore, it may not be warm until later that evening. Standing on the hot tub cover is prohibited. Hot tub covers are for insulation purposes only. Damage to the cover may result in charges for replacement. When not using the hot tub, leave cover on securely so the tub will stay warm and to avoid damage/loss of the cover (As the name indicated, strong wind gusts are common at our cabin.) Additional details regarding Hot Tub use and safety are posted at the hot tub and in the Welcome Book.
FIREPLACES & FIRE PIT– The two indoor fireplaces are propane gas. Please do not throw any paper or other materials in the fireplace. Please do not cook food (marshmallows, etc.) in the fireplaces. Fireplaces are turned off from April 15-September 15 and will not be operational during this time. (Dates are a general guideline of what to expect and may be adjusted based on weather/temps). Outside firepit may only be used while guests are present. The fire must be completely extinguished when finished enjoying, or not being actively enjoyed by guests.
WATER AND SEPTIC – All cabins in Sky Cove are fed water through wells and use septic systems. During a drought, we do ask that you conserve water. The septic system is very effective; however, it will clog up if improper material is flushed. DO NOT FLUSH anything other than toilet paper. No feminine products should be flushed at any time. If it is found that feminine products have been flushed and clog the septic system, you could be charged damages of up to two hundred dollars ($250.00). The cabin's water is provided via a nearby well. Occasionally there can be a hint of harmless sediment in the non-potable water (toilets), however this typically doesn't last long as water is continuously pumped from the aquifer deep within the ground. The cabin has a whole-house filtration system which also helps mitigate any occasional sediment.
PARKING – Parking is available for 2-3 vehicles at Native Winds. Note, we do share a parking area with a neighboring cabin, so please be courteous and provide space for their guests.
STORM POLICY/ROAD CONDITIONS – Guest acknowledges that access to the property's gravel parking area requires driving on paved mountain roads that may in places be moderately steep, winding and/or narrow. Any 2WD vehicle will do fine, however we recommend 4WD or AWD in the snow months. Host will not give refund or be held liable for damage if guest is not able to or refuses to drive on mountain roads to cabin. Nor can host be held responsible for temporary weather conditions that alter road conditions. Our cleaning and maintenance staff drive these roads in their personal vehicles almost daily and report any major road issues, such as ice/snow, washouts, fallen trees or rocks. Host will, upon notification, contact appropriate local authorities to have road cleared or repaired asap.
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 residential property subject to a vacation rental, the tenant under the vacation rental agreement, whether in possession of the property or not, shall comply with the evacuation order. Upon compliance, the tenant shall be entitled to a refund from the landlord of the rent, taxes, and any other payments made by the tenant pursuant to the vacation rental agreement as a condition of the tenant's right to occupy the property prorated for each night that the tenant is unable to occupy the property because of the mandatory evacuation order. The tenant shall not be entitled to a refund if: (i) prior to the tenant taking possession of the property, the tenant refused insurance offered by the landlord or real estate broker that would have compensated the tenant for losses or damages resulting from loss of use of the property due to a mandatory evacuation order; or (ii) the tenant purchased insurance offered by the landlord or real estate broker.
DISRUPTIVE BEHAVIOR — Please remember that this is a quiet community. Keep music and conversation at reasonable levels, drive safely, and respect other property owners and guests within the area. Trespassing to other cabins is prohibited (unless by invitation).
DAMAGE/AUTHORIZATION OF AVAILABLE FUNDS/DEPOSITS – If the Cabin and/or contents are damaged during your reservation time period, Guests are responsible for the full amount to repair or replace damaged item(s). If the damage is due to negligence, Native Winds does reserve the right to apply an “Authorization of available funds” to your credit/debit card account. In the event of damage to the property and/or its contents, we reserve the right to convert the authorized funds to an actual charge to your account of up to, but not limited to: $250.00. In the event of damage to property and/or contents, the reservation holder will be responsible for repair/replacement costs.
PLEASE CARE FOR THE CABIN AS IF IT WERE YOUR HOME - If an accident were to happen, we will greatly appreciate you letting us know so we can replace the damaged item, or schedule repairs promptly. We do expect normal wear and tear, and understand accidents can happen. To avoid an Insurance claim, and/or financial responsibility for any deductible or “un-covered” charges, please be sure of the following:
TRASH REMOVAL — Swain County does not have trash and recycle pick up. Guests in the Sky Cove Community drop off their own trash at the free Trash and Recycle Center located near the Ingles. (The cabin's welcome book provides directions). Our housekeepers are not equipped to haul more than 1 kitchen size bag of trash. Leaving more than 1 bag of trash, or leaving any un-bagged trash will result in additional cleaning charges. Please do not leave any trash inside the cabin (which attracts unwelcome pests) when you check out.
PROPERTY OWNERSHIP — Cabin Owner is not responsible for any accidents, injuries or illness that may occur while at Native Winds. Owners are not responsible for the loss of personal belongings or valuables of guests or their visitors.
GROUNDS FOR EVICTION - Per the NC Vacation Rental Act: Any tenant who leases residential property subject to a vacation rental agreement under this Chapter for 30 days or less may be evicted and removed from the property in an expedited eviction proceeding brought by the landlord, or real estate broker as agent for the landlord, as provided in this Article if the tenant does one of the following: (1)Holds over possession after his or her tenancy has expired. (2) Has committed a material breach of the terms of the vacation rental agreement that, according to the terms of the agreement, results in the termination of his or her tenancy. (3) Fails to pay rent as required by the agreement. (4)Has obtained possession of the property by fraud or misrepresentation.
GOVERNING LAW & JJURISDICTION - This Agreement, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or this rental, shall be governed by, and construed in accordance with, the laws of Swain County, North Carolina, USA. Each Party irrevocably agrees that the courts of Swain County shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this Rental.
WRITTEN EXCEPTIONS – Any exceptions to the above-mentioned policies must be approved in writing in advance. By accepting this reservation, it is agreed that all guests are expressly assuming the risk of any harm arising from their use of the premises or others whom they invite to use the premise.