Rental Agreement
Sugar Mountain Lodging, Inc. Rental Policies & Agreement
Check in is 4pm and check out is 10am. If at all possible, please try to arrive at or near check in time. This makes it easier for you to find your property and to get any questions answered. After-hours emergency contact numbers are given on our office voicemail greeting. Remaining in a property beyond 12pm will result in an additional night's rent.
SML does not enter into rental agreements with persons under the age of 21. Lessee is to stay in the property through the duration of the rental period. Lessee will be the responsible party in making sure the group adheres to the rules and policies in this document as well as any posted rules on-site at rental unit.
Trip insurance is available through Red Sky Travel Insurance. We strongly recommend purchasing coverage to protect your investment in hour vacation. Unexpected emergencies do happen, unfortunately, and trip insurance can really be a tremendous help in these situations.
Policy information and coverage detail can be found at http://www.redskyinsurance.com/trip-preserver.html
Each rental reservation will include a $45.00 fee for a Security Deposit Waiver, OR a refundable security deposit of $1500.00. The waiver is provided by Red Sky insurance and the plan protects you as well as the homeowner in the event of an accident. If something gets broken or damaged, just let us know! The plan covers accidental damage to the property or furnishings up to $1500.00 Any damage that exceeds $1500.00 is the responsibility of the leaseholder, as is intentional damage or damage caused by tenant’s gross negligence. Only reported damages or accidents can have claims filed, so it’s extremely important that you notify us immediately.
Non-insured/non-emergency cancellations: Reservations cancelled less than 30 days before arrival will be refunded if the property can be re-rented for the cancelled dates. If we are able to successfully rent the property, you will receive your money back minus a cancellation fee of $50 or the reservation fee, whichever is greater. Cancellations more than 31 days prior to arrival date will receive a refund of paid monies minus a $50 cancellation fee or the reservation fee, whichever is greater.
Most properties on Sugar Mountain DO NOT have air conditioning. If this is a deal-breaker for your group, please be sure to check before booking. Many properties do not have internet service, so you’ll want to check on that as well.
During the winter season, our weather can change dramatically from one hour to the next. It is your responsibility to make sure you have the right equipment to get you where you need to go. Four wheel drive and all wheel drive vehicles are ideal to bring for your ski trip, but your tires are just as important. Make sure you have plenty of tread on your tires, and know your vehicle. If you opt for using snow cables/chains, be sure you’re putting them on the correct tires. Sugar Mountain does not have a public transportation system (only a seasonal weekend shuttle to the slopes) so you will need to drive to stores, restaurants, etc.
At our end, we try to make sure everything is working as it should prior to your arrival. Each property is checked before you get there, but sometimes things can be overlooked or other times something will malfunction between the times that someone is there and you check in. If something is wrong, let us know! We’ve had renters who didn’t call or contact us during their entire stay, but told us at check out that something wasn’t as it should be. If we don’t know, we can’t fix it, so please communicate any issues. We can’t refund any money for malfunctions or outages, but we’ll be happy to try and fix the problem as quickly as possible!
Vacations made less than 30 days prior to arrival will be required to be paid for, in full, at the time of booking. If you’re booking farther ahead of time, consider paying via check or money order to avoid paying the reservation booking fee.
Smile. J You’re on vacation in one of the most beautiful parts of the world. Relax, be nice, and enjoy yourself. You’ll find that almost everyone you meet in the mountains will have a smile and/or a kind word to share. It’s downright contagious!
SUGAR TOP TENANTS ONLY: During peak rental periods, due to limited parking spaces next to building, Tenant agrees to park in a lower parking lot, as directed by Sugar Top staff. Agent agrees to provide continuous shuttle service to and from lower parking areas. Units in the Sugar Top building are rented for a minimum of 2 days and the units in The Citadel for a minimum of 3 days.
All our properties are set up with 3 towels and 3 washcloths per bathroom. We provide a starter roll of toilet paper, two small bars of soap, and a garbage can liner per bathroom. Kitchens have a dishcloth and towel, dish detergent, dishwasher detergent if applicable, and a garbage can liner. Beds are made up with fresh sheets and pillow cases, and sofa beds have fresh sets of sheets either stacked on the sofa or placed nearby. We do not provide a daily housekeeping service or replenish the starter supplies.
What to bring:
Paper towels, extra toilet paper, extra soap, coffee, coffee filters, cooking supplies such as cooking sprays, oils, spices and foil. Rental units do have appliances large and small, dishes, utensils, and pots and pans.
If staying at Sugar Top, don’t forget to bring your pool towels! Sugar Top condos are residents only have access to the pool.
If you’re coming in the warm summer months, bring a jacket just in case. If you’re coming in the cold winter months, bring something lighter weight, just in case. Our weather is infamous for it’s quick changes!
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, payment of monies or taking possession of the property after receipt of the agreement, is evidence of your acceptance and your intent to use this property for a vacation rental.
Agent, as agent of the Owner, hereby rents to Tenant and Tenant herby rent from Agent, the vacation property described in the contract as Unit # (referred to hereafter as the Premises) on the terms contained in the contract and this agreement.
1. Taxes: Tax rates are calculated at the time of this agreement and tenant shall be responsible for payment of all applicable taxes according to rates in effect at the time of occupancy.
2. Disbursement of rent and third party fees: Tenant authorizes Agent to disburse up to fifty percent (50%) of the rent set forth in the rental contract to owner (or as 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 Tenant, or as otherwise permitted under the Vacation Rental Act. Tenant authorizes Agent to disburse prior to Tenant’s occupancy of the Premises any fees owed to third parties for benefits procured by Agent for the benefit of Tenant, including but not limited to any fees set forth in this agreement payable to Agent for reservation, transfer or cancellation of Tenant’s tenancy.
3. Security Deposit: Short term vacation rentals will have a non-refundable security deposit waiver fee OR a refundable security deposit included in their reservation’s total cost. Security deposit waivers cover up to $1500.00 of accidental, non-intentional damage that might occur during your stay. Damages that are not reported, exceed $1500.00 or are intentional will be the responsibility of the leaseholder.
4. Trust Account: Any payment made by Tenant shall be deposited in a trust account with the First Community Bank located at 115 Main St. E in Banner Elk, NC. Tenant agrees that any advance payment may be deposited in an interest-bearing trust account and that any interest shall accrue for the benefit of the owner or as owner directs.
5. Agent’s Duty: Agent agrees to provide the Premises in a fit and habitable condition. If at the time Agent is to begin occupancy of the Premises Agent cannot provide the Premises in a fit and habitable condition or substitute a reasonable comparable property in such condition, Agent shall refund to Tenant all payments made by Tenant. Agent shall conduct all brokerage activities in regard to this Agreement without respect to the race, color, religion, sex, national origin, handicap or familial status of any Tenant.
6. Cancellation: If cancellation is made before 30 days of the time for Tenant to occupy the Premises Agent shall refund all payments made by Tenant, less an cancellation fee of $50.00 or the reservation fee (whichever is greater). If cancellation is made within 30 days of the time for Tenant to occupy the Premises Tenant shall not be entitled to refund unless Premises can be re-rented. There will be a $15.00 fee if Tenant requires a change of reservation.
7. Transfer of Premises: (1) If the owner voluntarily transfers the Premises, Tenant has the right to enforce this Agreement against the grantee of the Premises if Tenant’s occupancy under this Agreement is to end 180 days or less after the grantee’s interest in the Premises is recorded. If Tenant’s occupancy is to end more than 180 days after such recording, Tenant has no right to enforce the terms of this Agreement unless the grantee aggress in writing to honor their Agreement. If the grantee does not honor his Agreement, Tenant is entitled to a refund of all advance rent paid by Tenant (and other fees owed to third parties not already lawfully disbursed). Within 10 days after transfer of the Premises, the grantee or the grantee’s agent is required to: (I.) Notify Tenant in writing of the transfer of the Premises, the grantee’s name and address and the date the grantee’s interest was recorded and (II.) Advise Tenant whether Tenant has the right to occupy the Premises subject to the terms of this Agreement or receive a refund of any payments made by Tenant. (2) Upon termination of the owner’s interest in the Premises, whether by sale, assignment, death, appointment of a receiver or otherwise, the owner, owner’s agent or real estate agent is required to transfer all advance rent paid by Tenant (and other fees owed to third parties not already lawfully disbursed) to the owner’s successor-in-interest within 30 days and notify Tenant by mail of such transfer and of the transferee’s name and address. However, if Tenant’s occupancy under this Agreement is to end more than 180 days after recording of the interest of the owner’s successor-in-interest in the Premises and the successor-in-interest has not agreed to honor this Agreement, all advance rent paid by Tenant (and other fees owed to third parties not lawfully disbursed) within 60 days after the transfer.
8. Mandatory Evacuation: If state or local authorities order a mandatory evacuation of an area that includes the Premises, Tenant shall occupy 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.
9. Expedited Eviction: If the tenancy created hereunder 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: (I.) Holds over in possession after Tenant’s tenancy has expired; (II.) Commits a material breach of any provision of this Agreement (including any addendum hereto) that according to its terms would result in the termination of Tenant’s tenancy; (III.) Fails to pay rent as required by this Agreement, or (IV.) Has obtained possession of the Premises by fraud or misrepresentation.
10. Indemnification and Hold Harmless; Right of Entry; Assignment: Tenant agrees to indemnify and hold harmless the Agent and the Owner from any cause, unless caused by the negligent of willful act of Agent or the Owner, or failure of Agent or the Owner to comply with the Vacation Rental Act. Tenant agrees that Agent, the owner or their respective representatives may enter the Premises during reasonable hours to inspect the Premises, to make such repairs, alternations or improvements thereto as Agent or Owner may deem appropriate or to show the Premises to prospective purchasers or tenants. Tenants shall not assign this Agreement or sublet the Premises in whole or part without written permission of Agent.
11. Pets: No pets shall be allowed on the Premises. Tenant’s breach of this provision shall be considered material and shall result in the termination of Tenant’s tenancy.
12. Early departures/checkouts: THERE IS NO REFUND FOR EARLY CHECKOUTS.
13. Most of our properties now have WiFi. The internet service provider, SkyBest, has informed us and all our homeowners that any illegal/unauthorized downloading of copyrighted material will result in a fine of up to $1,000.00. If it is determined that your group is responsible for this action during your stay, you will be responsible for the fine.