Rental Agreement - Mountain Sights Rentals

This is our Rental Agreement. And, although we’ve tried to make this Agreement easier to read than most legal agreements, it’s still a legal document. So, please read it carefully, as it’s a binding agreement that governs (a) your Reservation with us (which we’ll call the “Reservation”), (b) our cancelation policy, (c) the fees associated with violating our rules, and (c) the other terms and conditions governing your stay with us at one of our “Rental Units”. For convenience, we’ll refer to this Agreement throughout as either the “Rental Agreement” or, simply, the “Agreement”. Also, we’ll refer to ourselves (which includes our employees, officers, and agents) as “Mountain Sights” or “we” or “us” and we’ll refer to you as either our “Guest” or, simply, “you”.

1. AGREEMENT TO BE BOUND. This Agreement defines our terms and conditions. By booking a Rental Unit from Mountain Sights, you’re agreeing to (a) accept the terms and conditions of this Agreement; (b) follow the rules; and (c) accept the consequences described in this Agreement, should you break the rules.
2. TERM OF AGREEMENT. This Agreement takes effect when you make your Reservation, continues through 4:00 p.m. local time on your check-in date, and expires upon relinquishment of the Rental Unit. Early check-ins and late check-outs must be authorized in writing by a representative of Mountain Sights.
3. NO SMOKING. No smoking of any kind inside the premises.
4. RESPECTFUL BEHAVIOR. The Guest agrees to abide by all local laws and regulations and to behave in a manner that respects the rights of surrounding property owners. Mountain Sights is committed to respecting our neighbors and promoting a peaceful, safe, and memorable experience for our guests. You agree to refrain from any activities that would disrupt the peace of neighboring properties. Quiet hours are from 9 PM to 7 AM. Mountain Sights is not required to give “second chances” and reserves the right to terminate the reservation at its discretion for any violation of these terms. You agree to comply with the property’s rules, including quiet hours, and all local noise regulations. Violation of these terms shall be grounds for immediate termination of this agreement without refund. We may use a smoke and decibel meter that will notify you via text if you reach the noise limits for our area, or if you are found to be smoking (cigarette, cigar, vaping, or marijuana) on the property. Please note that it does NOT monitor or record conversations, but simply the noise level and the presence of smoke.
5. IDENTIFICATION REQUIREMENT. For verification purposes, Mountain Sights requires a government-issued photo ID to be kept on file for each occupant of our rental units. This ID is necessary to confirm the identity of our guests and to ensure the safety and security of our property. Failure to provide a valid ID upon request may result in the cancellation of the reservation.
6. PAYMENT COLLECTION. If Mountain Sights doesn’t receive payment at time of booking, we have the right to consider your Reservation to be canceled. Mountain Sights will make a reasonable effort to contact you with payment issues. If your Reservation is canceled for failure to pay, you’ll forfeit any payments you’ve already made.
7. CANCELLATION. At Mountain Sights Rentals, we understand that plans may change, and we strive to accommodate our guests’ needs to the best of our ability. Please note that for bookings made via Online Travel Agencies (OTAs) such as VRBO or Airbnb, their respective cancellation policies shall take precedence over the policy stated herein. For direct bookings made on Mountainsightsrentals.com, the following cancellation policy applies: Full refund for cancellations up to 30 days before check-in. If booked between 30 and 14 days before check-in, full refund for cancellations made within 24 hours of booking. After that, 50% refund up to 7 days before check-in. No refund after that.                      *Please note: We do not refund any credit card processing fees upon cancellation.  We highly recommend our guests to consider purchasing travel insurance to safeguard their vacation plans against unexpected events.
8. RESERVATION CHANGES. Changes to your Reservation may be allowed at the sole discretion of Mountain Sights.
9. ACCOMMODATIONS AVAILABILITY. Unforeseen circumstances may cause your confirmed Rental Unit to become unavailable, and Mountain Sights reserves the right to substitute a different Rental Unit. We’ll make every effort to ensure that your accommodations are of equivalent value. If Mountain Sights can’t find replacement accommodations, we’ll notify you as soon as reasonably possible, and we’ll refund any payments you’ve made.
10. MINIMUM AGE REQUIREMENT. Guests must be 21 years of age or older to make a Reservation, and the Guest who made the Reservation must be present for the duration of the stay. If the Guest who made the Reservation isn’t present during the stay, occupants may be removed from the Rental Unit, and the Reservation may be canceled without refund.
11. OCCUPANCY DATES Guests are permitted to occupy the property strictly for the dates specified in their reservation confirmation. Check-in time is at 4 PM, and checkout time is at 10 AM on the departure date specified. Early arrival or late departure without prior arrangement and approval from the Manager may result in additional charges.
12. RIGHT OF ENTRY. The Manager or their representative may enter the property with reasonable notice (24 hours except in emergencies) for maintenance, inspection, or in case of emergency without prior notice.
13. PARKING. Parking is limited to designated areas. Additional vehicles must be approved by the Manager in advance.
14. EVENTS. Events or gatherings exceeding the maximum number of guests are not permitted without the Manager's prior written consent. Unauthorized events may result in immediate termination of this Agreement without refund.
15. MINIMUM AGE REQUIREMENT. Guests must be 21 years of age or older to make a Reservation, and the Guest who made the Reservation must be present for the duration of the stay. If the Guest who made the Reservation isn’t present during the stay, occupants may be removed from the Rental Unit, and the Reservation may be canceled without refund.
16. PETS. Pets are allowed in those Rental Units designated as pet friendly and a small pet fee may be due for each pet. Pets are not allowed in those Rental Units not designated as pet-friendly. Please leash your dogs at all times. No aggressive breeds are allowed on the Property.
17. PROHIBITED CONDUCT. You, other occupants of the Rental Unit, and any guests, invited or otherwise (“your party”), agree not to break the law or engage in activities that may disturb or threaten the rights, comfort, health, safety, or convenience of others, including Mountain Sights employees. Prohibited conduct includes, without limitation, the following activities: disrupting Mountain Sights business operations; verbal or physical harassment; manufacturing, delivering, possessing with intent to deliver, or otherwise possessing a controlled substance or drug paraphernalia; engaging in or threatening violence; possessing a weapon prohibited by state law; discharging a firearm, displaying or possessing a gun, knife, or other weapons in a way that may alarm others; storing anything in utility closets that house any gas appliances; tampering with utilities or telecommunications; bringing hazardous materials into the apartment community; or taking any action that would injure or derogate from Mountain Sight's reputation in any way, including making any untrue allegations against Mountain Sights to others, whether online or otherwise. A) SAFETY FEATURES AND HARDWARE. You acknowledge and agree that the Properties may contain certain safety features and hardware such as smoke detectors or sound level monitoring units, “smart” door locks, speakers, etc., and you consent to our use of these features, and you agree not to interfere or tamper with these features. In addition, the Property’s common areas may have security cameras for communal safety purposes. You contest our use of these features, and you agree not to interfere or tamper with these features. B) Wi-Fi AND INTERNET USAGE. Illegal internet download activity or illicit internet activity of any kind while using our provided Wi-Fi or internet service during your stay is forbidden. Any such occurrence during your stay is a violation of this Rental Agreement and will result in an immediate termination of your Rental Agreement. You are solely responsible for any charges or fines assessed by the internet provider or any governmental agency for any illegal internet download or illicit internet usage activity. You waive all claims against and release us and any of our members, employees, officers, partners, or affiliates from all claims for a data or security breach, or charges and fees related to your illicit usage of our internet service during your stay in any manner. You indemnify, defend, and hold us harmless against and from any and all liabilities, damages, penalties, claims, charges, or expenses, including reasonable attorney fees and other professional fees which may be imposed upon, incurred, or asserted against us by any third party arising out of or in connection with your illegal or illicit usage of our Wi-Fi or internet services.
18. TERMINATION. You are responsible for the actions of your party, whether those actions take place in the Rental Unit or on the property. This Agreement may be terminated and You and your party may be removed from the Rental Unit by Mountain Sights, the building’s management, or other lawful authorities for violating the rules of conduct set forth in this Agreement. This Agreement may also be terminated and You, your guests, and any visitors or guests can be removed for failure to vacate the Rental Unit by checkout time, for failure to pay required fees, for failing to comply with any of the rules listed in this Agreement, for failure to adhere to the property’s rules, for smoking in the Rental Unit or on the balconies, for the presence of unauthorized pets in your Rental Unit, for noise violations or for disturbing the peace, or for unlawful actions of you, the other occupants or guests. A) OWNER’S EVICTION. The building’s owner or property management may at their discretion cancel your reservation without warning for violating any of these terms, a cancellation which Mountain Sights must uphold.
19. GUEST LIABILITY. You are responsible for insuring your personal items and those of any occupants and people you invite to your Rental Unit. You agree to be held liable for damage to your Rental Unit and its contents that occurs during your stay, excluding normal wear and tear. If your actions, or those of your other occupants or your guests cause the Rental Unit to become uninhabitable, you agree to pay the cost to repair and the posted nightly rate until the Rental Unit becomes habitable again. Guests are strongly encouraged to keep the Rental Unit exterior doors secured at all times. Any cost associated with the loss or damage to Guest’s personal property, or Owner items inside the Rental Unit, due to Guest negligence shall be the full responsibility of Guest.
20. USE OF PREMISES AND AMENITIES. While you’re staying with us, you agree to follow the property’s rules, including those pertaining to the use of swimming pools, saunas, spas, exercise rooms, laundry facilities, or other amenities described in your reservation confirmation. Importantly, glass containers are prohibited in pool areas. You are responsible for keeping your Rental Unit neat and orderly. The Rental Unit and common areas are to be used for residential purposes only, and no commercial, industrial or retail activity can be conducted unless authorized in writing by Mountain Sights. Mountain Sights is not responsible for amenities or services that are closed, out of service, or cannot be used for any reason. No refunds shall be issued for such unavailability of amenities or services. You agree to comply and ensure all of your guests’ compliance with all of our and the applicable Landlords’ rules with respect to your and your guests’ use of such amenities. You understand and agree that the use of such amenities may be suspended if you or any of your guests violate any such rules. You shall be responsible for any damage to such amenities that you or any of your guests cause. ANY USE OF SUCH AMENITIES IS AT YOUR AND YOUR GUESTS’ OWN RISK AND YOU AND YOUR GUESTS RELEASE, DISCHARGE, AND COVENANT NOT TO SUE ANY MOUNTAIN SIGHTS ENTITIES IN CONNECTION WITH ANY USE OF SUCH AMENITIES. A) PACKAGES. You may receive and send mail during your Reservation, however receiving and sending mail or packages during, before, or after your Reservation is at your own risk, and Mountain Sights, property management, or staff shall not be liable for any lost packages or mail during, after, or before your Reservation. Sending packages or mail to the property prior to your Reservation commencement date is not allowed, and any mail or packages received prior to your reservation will be returned to sender.
21. VACATING. When your Reservation expires, you agree to vacate the Rental Unit – voluntarily and peacefully. And, you agree to leave the Rental Unit clean and in good condition, excluding ordinary use. Mountain Sights cleaning team shall discard of any of your belongings left in the Rental Unit after your Reservation expires. Mountain Sights is not liable for any mail or packages in your name received after your Reservation expires. You will pay for the postage cost incurred by Mountain Sights associated with shipping any mail, packages, or belongings to you after your Reservation expires.
22. REFUNDS FOR ISSUES OUTSIDE MOUNTAIN SIGHTS’S CONTROL. Some things are out of Mountain Sights control, and we won’t issue refunds for them. This list includes, but isn’t limited to: (a) environmental noise; (b) personal emergencies of Guest; (c) flight delays or other travel-related issues; (d) inclement weather; (e) internet or cable connectivity problems; (f) any states of emergency or government-declared evacuations; or (g) any delay or failure caused by acts of God or other causes beyond West Home’s reasonable control, including fire, flood, earthquake, accident, storm, explosions, strike or labor dispute, act of war, and terrorism. Any such event, and any other event specifically identified in this Agreement, shall be deemed a “force majeure” event.
23. DAMAGES. If there’s damage to your Rental Unit, you agree to report it to Mountain Sights immediately by calling Mountain Sights. Any damage to the Rental Unit or the property by you, other members of your party, invited guests, or any third party you’re associated with will be charged to your credit card. Broken or missing items will be included in these charges.
24. REPORTING OF PROBLEMS. If you experience a problem with your Rental Unit during your stay, report it to Mountain Sights. We’ll do our best to fix the problem. If the problem wasn’t fixed, notify us in writing within 7 days of your check-out date. If we don’t hear from you by then, we won’t be liable, and we won’t issue refunds.
25. NATURE OF OCCUPANCY. This Agreement does not give you rights as a tenant, and Mountain Sights retains the right to control, manage, and possess the Rental Unit. You, the guest, do not have the right to exclude Mountain Sights from the Rental Unit, and, at the termination of this Agreement, Mountain Sights has the right to remove anyone in the Rental Unit as trespassers.
26. INDEMNIFICATION. You agree to indemnify, defend and hold harmless Mountain Sights and its directors, shareholders, officers, employees, and agents from and against any damages, claims, costs (including reasonable attorneys’ fees and costs) and liabilities, whether for personal injury, property damage or otherwise, arising (a) in relation to this Agreement or a breach thereof, or (b) from any act or omission of Guest, Rental Unit occupants or any invitees of Guest, provided that Guest’s indemnity obligations shall not extend to any situation caused by the negligent or willful acts of Mountain Sights.
27. WAIVER. The waiver by Mountain Sights of any breach by Guest of the provisions of this Agreement shall not constitute a continuing waiver or a waiver of any subsequent breach by Guest of the same provision or any other provision in this Agreement.
28. TERMS. The section headings in this document are not limiting and do not affect the interpretation of this Agreement. Whenever the singular number is used in this Agreement, and when required by the context, the same shall include the plural and vice versa, and the masculine gender shall include the feminine and neuter genders and vice versa.
29. SEVERABILITY. Each provision of this Agreement is an independent clause, and if any one provision is unenforceable, that doesn’t affect the enforceability of any other provision.
30. ENTIRE AGREEMENT. We both agree that this Agreement contains our entire understanding with respect to your booking with Mountain Sights and supersedes any other agreement between us, whether written or oral. Neither one of us can change or amend this Agreement without the other’s written consent.
31. GOVERNING LAW AND VENUE. This Agreement shall be governed by the laws of the state of Georgia without regard to its principles of conflicts of laws. We both agree that the sole venue for any mediation or judicial action related to this Agreement shall be in Georgia. We both consent to the personal jurisdiction of the Georgia courts .
32. OPT-IN MARKETING AGREEMENT. By booking a reservation and agreeing to the terms of this Agreement, the Guest expressly opts in to receive marketing communications and promotional offers from Mountain Sights Rentals LLC via email, text message, or other digital communication methods. The Guest acknowledges and agrees that their contact information, provided at the time of booking and during their stay, may be used by Mountain Sights Rentals LLC for the purpose of sending marketing communications related to future stays, promotions, and updates about our properties. The Guest has the right to opt out of receiving these marketing communications at any time. To opt-out, the Guest may follow the unsubscribe link in any marketing communication received, or directly contact us with the request to be removed from the marketing communications list.
33. AGREEMENT ACKNOWLEDGMENT. By selecting the checkbox or providing a virtual signature at the time of booking, the Guest hereby acknowledges having read, understood, and agreed to the terms and conditions of this Agreement as set forth above. This virtual acknowledgment serves as confirmation of the Guest's agreement to abide by the policies, rules, and expectations outlined in this Agreement for the duration of their stay at the property managed by Mountain Sights Rentals LLC. The act of booking through our website, email confirmation, or through any Online Travel Agencies (OTAs) where our properties are listed, and providing the required virtual signature or checkbox selection, constitutes an electronic signature as defined by the Electronic Signatures in Global and National Commerce Act (E-Sign Act) and other applicable laws. This electronic signature is legally binding and holds the same validity and meaning as a handwritten signature.