Vacation Rental Policies

CHECK-IN: 4:00pm or after CHECK-OUT: 10:00am

PAYMENT: A deposit equal to 50% of the total rent is due at the time of booking to secure the reservation. The remaining balance is due no later than 30 days prior to arrival. Reservations made less than 30 days prior to arrival will pay 100% of payment at booking.

If you paid your initial deposit by credit card, your balance will be processed automatically 30 days prior to arrival unless you specify a different form of payment.

Payments may be made by credit card (Visa, MasterCard or Discover). Checks are also accepted if the reservation is made by phone and a valid credit card is placed on file to hold the reservation. There will be a $50 fee for a returned check. Mail checks to: 5184 Highway 74 West, Whittier NC 28789.

AGREEMENT OF RENTAL POLICIES: This agreement must be signed and returned to SMG within 48 hours of securing your reservation. If this agreement is not received within 48 hours, your reservation may be cancelled.

Upon making the reservation, you will be emailed a confirmation which contains login information for the Guest Portal on our website (https://www.smokymtngetaways.net/guestextranet/login.aspx). Please access this Guest Login portal and electronically sign the Vacation Rental Agreement (VRA).

SECURITY DEPOSIT: Under the North Carolina Security Deposit Act, Smoky Mountain Getaways may collect a security deposit to be applied to actual damages caused by the tenant or for other accrued fees. However, in lieu of a security deposit you have been enrolled into a limited damage waiver plan.

This limited damage waiver plan protects you up to $500 for inadvertent or accidental damage that may occur. You remain responsible for any damage, repair, or replacement expenses exceeding $500. It does not cover any damage or loss that is not disclosed to Smoky Mountain Getaways during your stay. It also does not cover any intentional damage/ willful negligence to the property or any items that are found missing after tenant’s departure.

REPORTING DAMAGE: Guests must report any loss or damage by the time of check-out or the damage waiver is void and your credit card will be charged. Smoky Mountain Getaways, Inc has the sole authority to determine the nature and extent of damages, necessary repairs and eligibility for the waiver of liability described herein.

CANCELLATION: Tenant may cancel reservation up until 31 days prior to arrival. Tenant shall receive a refund of all payments made less a $75 cancellation fee if notice is received at least 31 days prior to arrival date.

Cancellations made 30 days or less prior to the reservation date will forfeit 100% of full payment. Reservations cannot be transferred to another rental property. In the event you must cancel within 30 days prior to arrival, you should notify SMG as soon as possible. If you elected to purchase travel insurance, you should contact the travel insurance company to file a claim. SMG will make every effort to re-rent the property for the original reservation dates. If the property is rented for the total number of reservation nights, all money (less a $75 cancellation fee) will be returned to you. If the property is re-rented for less than the total number of nights, we will refund the money for this portion of the rental rate. If after a diligent effort we are unable to re-rent the property the full payment will be forfeited.

As with any vacation, unexpected situations sometimes occur that can put a damper on even the best planned trips. We do enforce our cancellation policy, and strongly advise purchasing additional travel insurance at a 6.95% cost.

TRIP INSURANCE: Smoky Mountain Getaways, Inc. acts solely as an agent for the Lodging Protection Plan Cancellation & Interruption Coverage administered by CSA Travel Protection. The plan offers coverage for certain pre-arrival weather conditions, pre-existing conditions, medical, loss of life & accidents. For specific details or situations in determining to accept coverage call our office or CSA at 1-866-999-4018 and refer to Plan TMP100010. To purchase trip insurance for your reservation, please ask one of our representatives to assist you.

RESERVATION CHANGES:The reservation may be switched to a different property if tenant notifies SMG 31 days or more prior to arrival. Reservations CANNOT be transferred to another property within 31 days of arrival.

Tenant may change dates of reservation if SMG is notified 31 days or more prior to arrival. Dates CANNOT be changed within 31 days of arrival. Please note that there may be additional charges depending on the rate originally paid and the rate for the dates that you are moving the reservation to.

TRANSFER OF PROPERTY: In the event the owner sells or transfers the property, SMG will promptly notify tenant. If the last day of the rental is 180 or more days after the recording of the transfer at the register of deeds, tenant shall have no right to enforce the terms of this agreement unless the new property owner decides to honor the reservation or continue renting the property as a vacation rental. SMG will make every attempt to move the reservation to a comparable property. If after a reasonable effort to do so and no comparable property is available a full refund will be issued to the tenant.

If the property is listed for sale, tenant agrees that given a 24-hour showing notice to allow access to the property for prospective buyers, inspectors and appraisers.

MANDATORY EVACUATION: If State or local authorities order a mandatory evacuation of any area that includes the Premises, Tenant shall comply 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.

OCCUPANCY: The following are all violations under this section and are considered material breaches that will result in cancellation of the reservation, rent forfeiture and/or immediate eviction of tenants. If any breach is discovered after tenant has checked-out, their credit card will be used for additional charges or damages:

  • Minimum age to rent a property is 25 years old.
  • Maximum Occupancy – Each property is advertised to sleep a maximum number of guests. Tenants are required to obey the maximum occupancy limits at all times.
  • Weddings, receptions, family reunions, youth/high-school/college groups, or corporate events are not allowed.
  • No disruptive behavior and no parties. Please remember that neighbors, although they may not be visible are present. Keep music and conversation at reasonable levels, drive at a reasonable speed and respect other property owners. Any group whose behavior creates a disruption or interferes with a neighbor’s peaceful enjoyment of their own property will be asked to leave immediately.
  • The presence of firearms (including BB or paintball guns) and fireworks are not permitted
  • ATV’s, Motor homes/RVs, or other off-road vehicles are not allowed
  • Parking – Each property has a maximum number of parking spaces and this is advertised in the listing description. Tenant agrees to not exceed this number of vehicles.

MAINTENANCE/MECHANICAL FAILURES/REPAIRS: Smoky Mountain Getaways makes every effort to perform regular maintenance and upkeep of the cabins. This includes keeping all amenities and equipment in good working order. However, just like in your own home some of the equipment may malfunction from time to time. This includes non-essential, luxury items such as appliances, hot tubs, A/C units, satellite TV, internet, gas fireplaces, etc. We cannot offer refunds or discounts for any such malfunctions, but we will try and correct the problem in a timely manner during business hours. Please remember that you are in a small town where most repair shops are open during normal business hours only. Tenant agrees to allow SMG and/or service staff to have reasonable access to the property to inspect and make repairs.

Internet service in the mountains can be unreliable. Most of the properties with internet have DSL through Frontier. While adequate it is not high speed. You may experience slower speeds at high volume times (evenings) and may be not able to stream Netflix, movies, video games, etc. Other cabins in remote locations are unable to obtain DSL and have satellite internet services. These services have a monthly data limit and are only to be used for checking email and light web surfing. No streaming is allowed at these properties. If you run out of data during your stay, we cannot add more. The type of internet provided will be listed in the property description. Please note that not every property has internet.

HOT TUBS: Many of the rental properties include hot tubs. Use them at your own risk. SMG cannot be held responsible for hot tub injuries or discomforts and tenant acknowledges waiver of liability. Tenants should be aware of some additional risks associated with hot tub use. These can include discoloration of swimwear due to the chemicals used to sanitize tubs and minor skin rashes/irritation if sensitive to the chemicals. Absolutely no dogs or young children are allowed in hot tubs. Children under the age of 15 must be supervised at all times. Do not use for prolonged periods of time or if intoxicated, pregnant, or elderly.

Covers must be kept on the hot tub whenever it is not in use in order to maintain the water temperature. Do not sit, stand, or misuse the hot tub cover. If any damage occurs, replacement charge is $500. Tenant assumes all liability for damage to any part of the hot tub during their stay including jets, filter, headrests, etc. Do not use soap, bath oils, bubble bath, etc. in hot tubs. Some lotions, creams, makeup, soaps, bath oils, etc. mixed with the chemicals may cause irritation or a rash. Taking a shower before and after hot tub use is highly recommended.

Hot tubs are cleaned and sanitized prior to arrival. If a drain of water was required, the water may be cold upon arrival and will take up to 24 hours to heat. This is not cause for a refund.

CLEANING: All SMG rental properties are cleaned before Tenant arrives. However we are human and while rare, mistakes can happen. Tenant should notify SMG immediately if the property is not found in a suitable condition. We will make every effort to satisfy the issue though no refunds will be made. If SMG has not heard from tenant within 2 hours of check-in, SMG will assume that tenant is satisfied with the cleanliness of property and no further action will be taken.

Check-out procedures are found in the Guest Information Notebook inside each property. You are expected to follow these procedures. Failure to do so will result in extra cost.

OUTDOOR FIRE PITS & FIRE PLACES: Indoor fireplaces are seasonal amenities and will only be in operation from October – March. If the property has a gas log fireplace (propane), tenant agrees to not move or re-arrange the logs under any condition. If the logs are moved, tenant assumes all responsibility for repairs and/or cleaning that is needed.

Outdoor fires are only permitted in fire pits that are advertised as an amenity of the property. Guests are not permitted to make their own fire pits. Most properties do not supply firewood.

ACCIDENTS AND RIGHT OF ENTRY: Tenant agrees to indemnify and hold harmless Agent and the owner from and against any liability for personal injury or property damage sustained by any person (including Tenant’s guests) as a result of any cause, unless caused by the negligent or willful act of Agent or the owner, or the failure of Agent or the owner to comply with the Vacation Rental Act.

Any property located on a lake, river, creek, or contains a hot tub/bathtub is swim at your own risk. Children under the age of 18 must wear a life vest when in the water.

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, alterations or improvements thereto as Agent or owner may deem appropriate, or to show the Premises to prospective purchasers or tenants. Tenant shall not assign this Agreement or sublet the Premises in whole or part.

WELL WATER/PRESSURE & SEPTIC SYSTEMS: Most of the rental properties are on individual or shared wells and septic systems. Wells and Septic’s are very different than city water/sewage systems. Water pressure may not be as high as you are used to. The well can run dry if you use too much water and will take as much as 24 hours to re-fill. Spread showers/baths out between morning and night. Don’t run the dishwasher, washing machine and a shower at the same time. Be mindful of your water usage and report any leak or running toilet to SMG immediately.

Do not put paper towels, feminine hygiene products, disposable diapers or trash into the toilet. The septic system can become clogged if these items are flushed. This may result in sewage backing up into the house.

PETS: Pets are not allowed in most cabins! However, a few are pet friendly. Violations under this section will result in additional charges, removal of pet, cancellation of the reservation, rent forfeiture and/or immediate eviction:

  • If bringing a pet, Tenants are required to sign the Pet Policies Addendum on page #8.
  • All pets MUST be approved by SMG. Tenant has to declare dog’s breed, age, and size on the Pet Policies Addendum. If you bring an unauthorized pet (even to a pet friendly property) you will be in breach of contract.
  • Absolutely no pets other than dogs, including but not limited to cats are permitted at any time on the rental premises. For the purposes of this agreement, the term ‘pet’ is always used in reference to a dog.
  • Only 1 pet is allowed per unit. Multiple pets are not permitted. Some properties have size limits in place and this will be noted on the property’s description. Any misrepresentation regarding the number of pets will be charged accordingly.
  • Some properties charge non-refundable pet fees. This will be noted in the description.
  • Tenants are held financially responsible for all physical damages to the property (chewing, scratching, flea infestation, etc.) inflicted on the property by the presence of a pet. If extra cleaning is deemed reasonable due to the presence of a pet (soiled furniture and/or flooring, hair on furnishings or bedding, or the treatment of fleas) the tenant will be held responsible and the credit card on tile will be charge for the amount of the repair/recovery.
  • Tenant agrees to hold SMG harmless for any pet injury or accident caused by their pet whatsoever may occur on the property during occupancy.

TRASH: All trash is to be placed IN BAGS and left in the outdoor trash cans. Unlike city garbage service, the bags are retrieved by hand. No loose trash is permitted in the outdoor cans. If loose trash is present, tenant will be charged for the cleanup. Each property is on garbage pickup service that runs once per week. Make sure that lids are secure and no bags are left outside of the cans.

WEATHER/ENVIRONMENT: Welcome to mountain roads! Many roads are steep and graveled. Road conditions will vary depending on rain, snow, ice, etc. Smoky Mountain Getaways does not know the current condition of every driveway – come prepared. While making reservations, be sure to inquire about access to the home and make sure it’s compatible with the type of vehicle you drive. Keep an eye on the weather forecast before your arrival. In case of snow, we will allow you to move your reservation forward within the next 60 days at the same rental unit. This option is only available in advance and not after you have already arrived at the unit. Most homes are not motorcycle or trailer accessible. We will try to assist you in any way possible, but failure to arrive at your rental unit does not constitute a refund or discount. Travel Insurance is available and highly recommended for any stay.

RETURN OF PERSONAL ITEMS: SMG is not responsible for tenant’s personal belongings that are lost, stolen or left behind. If the items are found and able to be returned, a retrieval fee of $25 plus applicable shipping costs will be charged to the tenant.

EARLY CHECK-IN & LATE CHECK-OUT: Requests for early check-in or late checkout will be considered on a case-by-case basis. Tenant must contact the SMG office no more than 48 hours in advance of arrival with these requests. Consideration is given based upon the property ‘status’ immediately prior to or following the tenant’s reservation.

Only one request for either early check-in or late check-out will be considered. Tenant is not allowed to have both in the same reservation.

Failure to abide by the standard check-in and out times will result in extra charges.

SMOKING: There is Absolutely No Smoking allowed inside the cabins. When the smell of tobacco smoke is detected inside a rental, a minimum fee of $200 will be charged. You may also be responsible for any professional cleaning services that are required.

WHAT'S PROVIDED: All properties offer an initial supply of the following amenities (Including but not limited to):

  • Sheets and bedding for each advertised bed
  • Towels (2 bath towels, 2 washcloths, and 1 hand towel per person)
  • 1 roll of toilet paper for each bathroom
  • 1 roll of paper towels
  • 1 use of laundry detergent and dish-washing powders
  • 1 sample size dish-washing liquid
  • Starter garbage bags (at least 2 in the kitchen)
  • Fully equipped kitchen with coffee maker and the basics for cooking

Each cabin will contain at least one locked closet or area. These areas do not contain more of the initial guest supplies. Unlawful entry into one of these areas is strictly prohibited.

WHAT TO BRING: Tenant will want to bring additional paper products, soaps, detergents and garbage bags. The towels inside the cabin are not for use in the hot tub, river, creek, etc. Please bring beach towels. Tenant will also need charcoal for charcoal grills. Please remember that most properties with outdoor fire pits or wood burning fireplaces do not supply firewood.

FISHING: Several properties are located along rivers and creeks. While fishing is permitted, tenant is responsible for checking local fishing seasons and limits. Some bodies of water are only open for fishing during certain times of year. It is up to the tenant to do their own research into these restrictions. Any ticket issued to the tenant will be paid at their expense. We recommend contacting the NC Wildlife Commission for further information.

MAINTENANCE OF UNIT BY TENANT: Tenant agrees to comply with all obligations imposed by the Vacation Rental Act on Tenant with respect to maintenance of the Premises, including but not limited to (a) keeping the premises as clean and safe as the conditions of the premises permit and causing no unsafe or unsanitary conditions in the common areas and remainder of the premises that tenant uses (b) Dispose of all ashes, rubbish, and garbage in garbage bags and place in the outdoor garbage cans provided. Lids are to be secured at all times. (c) Notifying Agent in writing of the need of replacement or of repairs to a smoke detector, and replacing the batteries as needed during the tenancy. (d) Tenant agrees not to use the Premises for any activity or purpose that violates any criminal law or governmental regulation.

Tenant’s breach of any duty contained in this paragraph shall be considered material, and shall result in the termination of Tenant’s tenancy.

AGENT DUTIES: Agent agrees to provide the Premises in a fit and habitable condition. If at the time Tenant 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.

DISBURSEMENT OF RENT & THIRD PARTY FEES: Tenant authorizes Agent to disburse up to fifty percent (50%) of the rent set forth in paragraph 1 above to the owner (or as the 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 agrees to pay a $50.00 processing fee for any check of Tenant that may be returned by the financial institution due to insufficient funds or because Tenant did not have an account at the financial institution. Tenant also authorizes Agent to disburse prior to Tenant’s occupancy of the Premises any fees owed to third parties to pay for any goods, services or benefits procured by Agent for the benefit of Tenant, including but not limited to any fees set forth herein payable to Agent for reservation, transfer or cancellation of Tenant’s tenancy.

TRUST ACCOUNT: Any advance payment made by Tenant shall be deposited in a trust account with First Citizens Bank located in Sylva, North Carolina. Tenant agrees that any advance payment may be deposited in an interest-bearing trust account and that any interest thereon shall accrue for the benefit of, and shall be paid to the agent as it accrues and as often as is permitted by the terms of the account.

EXPEDITED EVICTION: If the tenancy created here-under 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.