Always Christmas! - Pigeon Forge

TERMS FOR SMOKYSTAYS ACCOMMODATIONS You are entering an agreement with Visionary Associates Property Management LLC dba SmokyStays and Christmas Cabins by SmokyStays . References to SmokyStays should be interpreted as referring to the aforementioned LLC. These Additional Terms for SmokyStays Accommodations apply to your Airbnb booking of the vacation rental property specified in a confirmed reservation (the “Property”). In case of any conflict between the SmokyStays Terms and the Airbnb Terms of Service (“Airbnb Terms”) that apply to your reservation, the Airbnb Terms will control. These SmokyStays Terms are between: (1) SmokyStays (“SmokyStays,” “we,” or “us”), acting for itself and for the owner of the Property (“Owner”), and (2) the person who is the responsible renter of the Property (collectively “Renter” or “you”). You acknowledge that you have read and understand, and agree to be bound by, all terms, conditions, and policies in these SmokyStays Terms. POLICIES AND ADDITIONAL TERMS A. Minimum Age. The “Minimum Age” to rent the Property is 25 years of age. You agree to provide us with proof of age upon request. A parent or legal guardian must accompany all guests who are under the Minimum Age for the entire duration of the rental. This means everyone in your group must be over the age of 25 with the exception of people whose parents are also present. B. Good Neighbor Policy. Because the Property is a privately owned home, all Occupants must comply with this good neighbor policy: - Please treat the Property with the same care you would use with your own residence and leave it in the same condition it was in when you arrived. - To prevent theft of or damage to furnishings or your personal property, you agree to close and lock doors and windows when you are not present at the Property and upon check-out. - You and other Occupants agree to conduct yourselves throughout your stay in a manner that is respectful of and not disruptive to neighbors, traffic flow, or the community and that will not prompt complaints to SmokyStays from police, neighbors, or neighborhood or homeowner associations. - Noise audible outside the Property is prohibited between 10 p.m. and 8 a.m. - You and other Occupants agree to abide by all applicable parking restrictions and limitations. E. No Permanent Residence. You agree that your use of the Property is on a temporary and transient basis only; that you may not use the Property as a permanent residence; and that your permanent residence is and will remain elsewhere than at the Property. G. Events; Commercial Photography; Structures; Portable Grills. Parties and other events are not allowed. Commercial photography and filming are also prohibited at the Property without our express written permission. No tents or other structures may be erected on the property. The use of portable grills is prohibited. H. Criminal Activity Prohibited. Use of the Property for any criminal activity is prohibited and may result in fines, prosecution, and/or your immediate removal from the Property. This prohibition extends to use of the Property’s internet service, if any, for criminal activity, including but not limited to unlawful downloads of copyrighted material, including movies, music, software, or other material. We may cooperate with any investigation of alleged criminal activity that occurred at the Property during your stay. I. Consequences of Breach; Charges for Damage. Any failure by you or any other Occupants to comply with any of the terms, conditions, or policies above is a breach of these SmokyStays Terms and may result in a forfeiture of your rights to rent the Property, up to and including immediate removal from the Property without refund and with or without the assistance of law enforcement. SmokyStays may terminate your occupancy of the Property for breach, and if you are notified of such termination you agree to leave the Property immediately. In addition, subject to Airbnb’s damage claim policies, you are responsible for (1) any damage or loss that occurs at the Property during your stay; (2) a charge of up to $1,000 for violations of the pet policy; (3) an additional cleaning fee of up to $500 (or the actual cost of cleaning services, if greater) for violations of any of the guest policies above (other than the pet policy) or for excessive cleaning required by the acts or omissions of any Occupant during your stay; and (4) any fines issued by police, other government officials or agencies, utility providers, and/or homeowner associations for violation of any law, ordinance, or rule during your stay, and any damages (which may exceed the amount of fines) that result from the violation. If any unauthorized download of copyrighted material via the Property’s Internet service occurs during the period of your stay, you agree that we may obtain and share your contact information with the internet service provider or any other party we believe, for any reason, has enforcement rights. J. Early Check-In/Late Check-Out. Early check-in or late check-out may be available; additional charges may apply. If you do not vacate by check-out time (or late check-out time as agreed by SmokyStays), you authorize us to charge a late departure fee of up to one night’s rental and we may remove all Occupants and their personal property from the Property. K. Maintenance or Housekeeping Issues; Property Conditions. The Property is provided as is, and we are not responsible for the inoperability or unavailability of any amenities. You agree to contact SmokyStays, using the contact information provided in your confirmation email, as soon as you notice any maintenance or housekeeping problem, or any potentially hazardous condition, at the Property, or if any incident occurs at the Property that is related to such a problem or condition. You further agree to give SmokyStays a reasonable amount of time to respond to your report and to cooperate with SmokyStays efforts to address the concern or provide a remedy. We will take reasonable and appropriate steps to remedy any reported problem as soon as practicable. We may enter the Property at your invitation to remedy any problem you report, at reasonable times and with reasonable notice to inspect, maintain, or repair the Property, and to address any situation that we reasonably deem an emergency that threatens persons or property. You acknowledge that if the Property has access to amenities that are shared with other properties, including, but not limited to, a shared pool, hot tub, parking lot, picnic facilities or fitness center, that the availability and condition of those amenities is outside SmokyStays control. L. Choice of Law; Jurisdiction and Venue; Dispute Resolution. L.1. Choice of Law. The agreement shall be governed by Tennessee State Law. L.2. Arbitration a. Agreement to Arbitrate. You and SmokyStays mutually agree that any Claim will be settled by binding arbitration rather than in court, such arbitration to be conducted by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules, or such other AAA arbitration rules that the AAA decides to be applicable to a specific dispute, that are in effect as of the time of service of an arbitration demand. Payment of filing, administration and arbitrator fees will be governed by the AAA's rules. To begin an arbitration, a party must send a letter to the other party requesting arbitration and describing the claim. If SmokyStays requests arbitration, it will send the letter to your most recent email or physical address in SmokyStays’ records. If you request arbitration, you must send the letter to SmokyStays’ registered agent in Tennessee b. Place of Arbitration. The arbitration shall take place in the county in which the Property is located or in such other location as you and SmokyStays may mutually agree. c. Exceptions to Arbitration Requirement. As the only exceptions to the agreement to submit all US Claims to binding arbitration as provided herein, SmokyStays and Renter both retain the right to pursue: (1) in small claims court in the county in which the Property is located any claim that is within that court’s jurisdiction, and the parties consent to the personal jurisdiction and venue of such court; and (2) a suit in any court with jurisdiction to enjoin (whether by temporary, preliminary, or permanent injunctive relief) infringement or other misuse of intellectual property rights. L.3. Class Action and Jury Trial Waiver. You and SmokyStays agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, you and SmokyStays waive any right to a jury trial. M. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO CASE SHALL THE OWNER OF THE PROPERTY OR SMOKYSTAYS, NOR THEIR AFFILIATES, NOR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR OWNERS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY, EMOTIONAL DISTRESS, OR DAMAGE TO PROPERTY, ARISING OUT OF OR IN CONNECTION WITH YOUR STAY AT THE PROPERTY. THIS LIMITATION APPLIES TO ALL CLAIMS FOR DAMAGES WHETHER BASED ON A THEORY OF WARRANTY, CONTRACT, TORT (INCLUDING GROSS NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF SMOKYSTAYS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE AND EVEN IF THE LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. YOU SPECIFICALLY WAIVE ALL LIABILITY AND CLAIMS AS A CONDITION OF USING ANY POOLS, HOT TUBS, BUNK BEDS AND ANY OTHER AMENITY NOT LISTED N. Indemnity. You agree to hold harmless and indemnify SmokyStays and Owner, and their respective affiliates, for and from all claims for property damage, personal injury, or monetary loss resulting from your actions or omissions, and the actions or omissions of other Occupants, during or relating to your stay. O. Assignment. SmokyStays may assign these Terms or any of its rights, or delegate any of its duties under these Terms, at any time without your consent. PESTS POLICY We are located in a mountain location. Bugs, rodents, spiders, and other pests are part of the environment including mice. We hire services to provide pest and animal control. Contact us via Airbnb Messaging to report any issues. You agree to allow us sufficient time to remediate the problem. Whether management, or you, decide that you must vacate the property, we will contact Airbnb customer service to find you alternative lodging. You agree, by booking, to a pro-rata refund for the unused days only. Additional rules Thank you for choosing to stay in our home! We’re excited to have you stay with us. Please treat our home as you would yours (unless you don’t treat yours well in which case treat it well lol) We do not accept reservations from locals defined as anyone who lives within 50 miles of the cabin. Everyone in the group with the exception of children traveling with their parents or legal guardian must be over the age of 25. Please contact me for possible exceptions. Please lock all doors and all windows upon departure There is no daily housekeeping service. While linens and bath towels are included in the unit, daily maid service is not included in the rental rate. We do not permit towels or linens to be taken from the units. Illegal drug use is not permitted nor is any illegal activity. We ask that our guests not bring or use glitter inside the condo and do not attach anything to walls with any tape, glue or other adhesive. Each property will be cleaned and inspected after your departure. We ask you to help us enable the cleaning crews as much as possible by tidying up after yourself leaving any bed that was used unmade and putting all used towels on the floor in a bathroom. Travel Insurance is highly recommended for any stay. We are not responsible for any accidents, injuries or illness that occurs while on the premises or its facilities or the loss of personal belongings or valuables of the guest. By accepting this reservation, it is agreed that the guest who made the reservation and any persons in the traveling party assuming the risk of any harm arising from their use of the premises, pool and hot tub or others whom they invite to use the premises, bunk beds, pool, hot tub and any other amenity inside or outside the cabin. No children under the age of 18 permitted in hot tubs at any time without adult supervision. When using the hot tub, remember there is a certain health risk associated with this facility. Use at your own risk. Our housekeepers drain, sanitize, refill and replenish chemicals in all tubs prior to your arrival; therefore, it may not be warm until later that evening. DO NOT STAND ON THE HOT TUB COVERS. Hot tub covers are for insulation purposes and are not designed to support a person or persons. They will break and you will be charged for replacement. Remember when not using the hot tub, leave cover on so hot tub will stay warm. Swim at your own risk, there is no lifeguard on duty. Children must not use the pool without an adult resident in attendance. Glass containers and other breakable items are not allowed in or around the pool area. Diving is not permitted. We have stocked the cabin with start-up supplies for example toilet paper, shampoo, conditioner and lotion. However, you will likely need to supplement with your own during your stay. We appreciate that our guests take good care of the home we have set up, and we do ask that you use only what you need during your stay. The following items must never be flushed down any toilet or disposed of down any drain line at the Property as they can kill the helpful bacteria in the septic tank, corrode drain line pipes and can clog the drain lines resulting in failure of the entire septic tank system: paper towels, grease, coffee grounds, sand, pet and human hair, tampons, sanitary napkins, dental floss, food, condoms, toys, bottle caps, paint, corrosive chemicals (eg: bleach, cleaners, laundry detergents), any kind of liquid or tablet cleaning chemical that is stored in the toilet tank or ANYTHING OTHER THAN TOILET PAPER. You will be responsible for any costs to fix the septic system if these instructions are not followed. Please note the following restrictions regarding minimum lengths of stays as well as days which check in or check out are not available. Other restrictions may apply. If you have any questions at all please ask especially for any exceptions. The way to message me is to click one of two “contact host” links on the listing. These appear right after the description as well as below the reviews. An easy shortcut is to press ctrl F and then search for the word contact. Federal Holidays Stays over Federal Holiday weekends must be for a minimum of four nights starting Thursday nights. - All guests must be at least 25 years of age unless accompanied by a parent or legal guardian for the duration of the reservation. - No pets are welcome in this home under any circumstances. You agree that if you bring a pet into the home, you can be evicted without refund. - No smoking of any kind is permitted anywhere inside the premises. You may smoke outside on the decks or front of the cabin. - No commercial photography or filming is permitted on the property. Tents or other structures may not be erected. - No weddings, wedding receptions, bachelor(ette) parties are allowed. - We do not host fraternities or sororities (Greek organizations) Hot tubs may not be warm on the first day of arrival as they are prepared with fresh water for each guest and it takes time to heat up. Fireplaces will not be available and are not to be used between April and OctoberNo smokingCheck-in is anytime after 4:00 PM