GUEST POLICIES
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 3 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 schedule
50% due at time of booking. Remaining balance due 1 day before arrival.
Cancellation policy
50% of paid prepayments refundable when canceled 30 days before arrival or earlier. 0% refundable if canceled after.
Security deposit
A pre-authorization of USD 250.00 is held on 1 days before arrival and voided on 2 days after departure.
Cancellation or early departure does not warrant any refund.
Except as provided in NC Vacation Rental Act section 42A-36 (mandatory evacuations), if, at the time the tenant is to begin occupancy of the property, the landlord or real estate broker cannot provide the property in a fit and habitable condition or substitute a reasonably comparable property in such condition, the landlord and real estate broker shall refund to the tenant all payments made by the tenant.
RATE CHANGES – Rates subject to change without notice.
COVID-19 PROVISION - In the event Avery 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.
MINIMUM STAY – A 2-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 the Sugar Shack.
MAXIMUM OCCUPANCY – The maximum occupancy for the cabin is 10 guests (this includes children). 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 (i.e., 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 Sugar Shack.
PETS —There are no pets allowed.
WIFI/INTERNET/CELL – The Sugar Shack does provide complimentary WiFi for guest use. For most needs it works well but is not suitable for 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 DECK- 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.
FIREPLACES – The indoor fireplace is propane gas. Please do not throw any wood, paper or other materials in the fireplace. Please do not cook food (marshmallows, etc.) in the fireplace.
WATER AND SEPTIC – The Sugar Shack uses a septic system. 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 three hundred dollars ($300.00).
PARKING – Parking is available for 2-3 vehicles in the driveway
GARAGE - Garage is not for personal use and no vehicles should be parked in the garage
STORM POLICY/ROAD CONDITIONS – Guest acknowledges that access to the property 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.
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, Sugar Shack NC 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:
No damage is done to cabin or its contents, beyond normal wear and tear. Barn doors are not to be played with. Do not rearrange furniture.
No charges are incurred due to contraband, unauthorized pets or collection of rents or services rendered during the stay.
1 bag of trash bagged in the kitchen
The cabin is left locked upon check out.
Any charges accrued during the stay (if applicable) are paid prior to departure.
No cabin items, (linens, robes, towels, kitchen supplies, etc.) are lost or damaged.
TRASH REMOVAL — The Sugar Shack does not have trash and recycle pick up. Guests in Sugar Mountain drop off their own trash at the free Trash and Recycle Center located At The Avery County Solid Waste MRS at 266 Norwood Hollow Rd, Banner Elk, NC (less than 5 minutes from the cabin). 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 bears and other unwelcome pests) when you check out.
PROPERTY OWNERSHIP — Cabin Owner is not responsible for any accidents, injuries or illness that may occur while at The Sugar Shack. 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 & JURISDICTION - 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.