Rental Policy

If you must cancel your reservation, please call our office immediately. Any changes, including changing dates, switching of properties, or complete cancelations will invoke the cancelation policy.

Agent recommends all Renters purchase travel insurance offered at time of booking to protect them in the event of an unexpected event affecting their vacation. Agent cannot offer future credits or immediate refunds for unexpected cancellations due to emergencies regardless of the situation, including but not limited to weather events and acts of God, unexpected illnesses, injury or death, changing of plans, or job loss. Please do not ask. Active members of the Military and Armed Forces must provide written proof of orders affecting travel and a copy of their military ID in order to qualify for a cancellation with refund. 

(Note that properties have varying levels of severity in their cancellation policies. If you would like more information about the policy a specific home has chosen, please contact our office. The policy below is the most stringent policy we use. 

If Tenant cancels this reservation after payment has been made, and travel insurance has been declined, there is a fifty dollar ($50.00) cancelation fee PLUS:

1. If Tenant cancels more than fifteen (15) days from the arrival date (or more than thirty (30) days from the arrival date for stays of twenty-five (25) days or more), and Agent is able to re-rent the property for the original dates at or above the original rental rate, then Tenant will be refunded any prepaid deposits less the $50.00 cancelation fee. If Agent cannot re-rent the dates at all, then Tenant will forfeit the prepaid rental deposit up to fifty percent (50%) of the rental price. If Agent can re-book some of the dates or all of the dates at a lower rate, then Tenant will forfeit the $50.00 cancelation fee, plus an amount equal to half (1/2) of the difference between the amount Tenant agreed to pay and the amount which was actually collected for those dates.
2. If Tenant cancels less than fifteen (15) days from the arrival date (or less than thirty (30) days from the arrival date for stays of twenty-five (25) days or more), which is when full payment is due, then Tenant will risk forfeiting the entire rental amount. If we are able to re-rent the property for the original dates at or above the original rental rate, then Tenant will be refunded all prepaid rental fees, less the $50.00 cancelation fee. If Agent cannot re-rent the dates at all, Tenant will forfeit the entire rental fee. If Agent can rebook some of the dates or all of the dates at a lower rate, then Tenant will receive a pro-rated refund equal to any rental fees which were actually collected with any new reservations for those dates.

Cancelling your reservation includes changing your dates by more than three (3) days, changing properties, or complete cancelation. If Tenant fails to check in for their reservation on the scheduled date and fails to promptly notify Agent, then Tenant will forfeit any paid rental monies and reservation rights, effective 10:00 am on the following day.

We cannot refund for unused days in the event of late arrival or early departure. If, however, the Agent cancels the Tenant’s reservation due to uninhabitable issues with the property, the Agent will notify Tenant and try to provide alternative comparable accommodations, but Agent’s sole responsibility is to refund the rental money or pro-rated portion.

Check-In: Check in begins at 4:00pm for most homes. Please time your driving to arrive after 4:00 to your rental property. The home may not be ready if you arrive early and we will not grant any refunds, credits, or late checkouts if you arrive early to a home not yet prepared for you. During holidays and busy seasons, check-in time will vary depending on the Housekeeping department’s workload. If you are renting a very large home, check in may be 5:00; please refer to the internet listing. If you are checking in to a property with a coded lock, the lock will activate at 4:00pm on the day of your arrival.

Check-out: You must vacate the property no later than 10:00 AM on the last day of your reservation for most homes. Keys must be left at the property if the home has a lockbox. If the home has a coded lock not requiring keys you do not need to do anything further. There will be a $25.00 charge for lost keys.

The person in whose name the property is reserved will be held responsible for all occupants complying with rental policies, procedures, and restrictions. Aside from normal wear and tear, the responsible party will be responsible to reimburse the Owner for any damages to the property or its contents during your vacation residency. The responsible party must be at least twenty-five (25) years of age and is required to stay in the property for the time reserved.

Please carefully check the number of people each unit sleeps as detailed on the website description. This represents the MAXIMUM number of people, including children, allowed to occupy the property and/or be upon the grounds of the property at any given time. Evidence of unauthorized excessive number of guests will result in an immediate charge of $25.00 per person per day to the credit card on file and possibly eviction. Authorization to allow extra people for gatherings or other short-term events must be obtained in writing. Authorization to rent a property for a purpose other than for a family vacation must be obtained in writing prior to finalizing the reservation.

All equipment in the unit should be in working order. Please immediately report any equipment problems to the office. Every effort will be made to rectify the problem, but WE CANNOT REFUND MONEY DUE TO MECHANICAL FAILURE. Please be patient if you encounter any inconveniences. We will be as responsive as possible and will do our best to rectify those things that are within our control. Samples of inconveniences which are not in our control and which do not warrant any refund of rental monies include but are not limited to: breakdown of TV’s, VCR’s, DVD players, satellite systems, stereos, hot tubs, or other appliances; poor cleaning issues; outages of the power, cable, internet, water, or telephone services; construction taking place in the area; flies, ladybugs, stinkbugs, or other insects inside the house; chipmunks, mice, or other rodents inside the house; bad weather including snow, sleet, rain, and fog; poor ski conditions; and hazardous road conditions.

We will do our best to ensure that the property is properly cleaned and sanitized prior to your arrival. If you are not satisfied with the housekeeping upon arrival, please notify our office immediately. If the office is closed, please use the after hours number provided in your arrival packet. We will send a housekeeper as quickly as possible. NO REFUNDS will be granted for unsatisfactory housekeeping, but every reasonable effort will be made to accommodate your needs.

The non-refundable Security Deposit Waiver Fee is in lieu of a security deposit for most properties (some homes may also require a separate security deposit) and is charged to your reservation. THIS IS NOT INSURANCE. It is designed to relieve you of your responsibility for ACCIDENTAL DAMAGE caused to the Property by you or your Guests. If your reservation also requires a separate security deposit, it will be refunded in the same manner in which it was paid within 30 days of departure assuming no excess cleaning or intentional damages are found requiring the deposit to be withheld in full or in part. Should such discovery be made, Agent will contact Tenant in writing not more than 30 days after departure with a full list of items requiring all or part of the deposit.

Any damage must be reported immediately to Blue Ridge by email to Claims@BlueRidgeRentals.com, or by phone at 828-295-7400. The Maintenance fee does not negate your responsibilities as a Guest and is non-refundable.  Damage excluded is anything not considered accidental and includes:

1. Intentional, willful, reckless, or malicious acts of the Tenant or others on the premises during the tenancy.
2. Excessive damage by pets.
3. Theft from the premises of the owner’s property.
4. Gross negligence of Tenant or intentional misuse of furnishings, appliances, equipment, or other amenities provided within the home.
5. Damage caused while under the influence of alcohol or drugs.
6. Damages to property resulting from operation of any motorized vehicle by a Tenant.
7. Damages related to smoking inside the home.
8. Damages related to tampering with “Alarm Systems and Controls” or “Audio / Video / Internet wiring or component programming” within a property.
9. Damages related to the gas log fireplace due to the logs being re-arranged or burning wood/paper/marshmallows etc. inside the gas log fireplace.
10. Gross negligence of Tenant or intentional misuse of the home by having an un-authorized party or gathering which results in extra housekeeping and/or damages.
11. Charges resulting from excess cleaning above and beyond what is normal for a property.
    

Please be aware that many, but not all, properties are equipped with a hot tub. By initialing, you indicate that you understand that it is your responsibility to check the property advertising and familiarize yourself with the amenities of the property, which may or may not include a hot tub. If the property is equipped with a hot tub, special instructions for its use apply. Failure to abide by these rules may result in creating unsafe conditions or damages to the equipment. Hot tubs are serviced and sanitized prior to guests’ arrival. Neither the Property Owner nor the Agent shall be liable for any injury or sickness due to using the hot tub.

Please be aware that some properties are NOT equipped with air conditioning. It is the Tenant’s responsibility to check the property advertising and understand the amenities of the property, which may or may not include air conditioning. Agent is not responsible for weather conditions at time of tenancy, and there will be no refunds or switching of properties due to lack of air conditioning.

Pet restrictions are listed on the website. Pet-friendly properties accept pets with prior approval only and are subject to a non-refundable pet fee. It is Tenant’s responsibility to check the advertising and understand the pet restrictions on any given property, which includes the maximum number of pets allowed, and to abide by any weight restrictions. Unless otherwise specifically permitted in the advertising, no pets shall be allowed on the Premises. Tenant’s breach of this provision shall be considered material and shall result in forfeiture of any monies paid and the termination of tenancy. Pet(s) must be pre-treated for any ticks, fleas, worms, and parasites prior to your arrival. We cannot guarantee that properties advertised as not allowing pets have never had a pet on the property.

The properties managed by the Agent are privately owned and reflect the needs and tastes of the Owners. The conditions of the property, as well as the furnishings, will vary according to the Owner’s desires. Every effort has been made to assure that the descriptions of the properties are correct; however, we cannot be responsible for changes made by the Owner to the furnishings or equipment in the units. There will be no refunds due to the property not being decorated or accommodated to Tenant’s individual preference or due to minor discrepancies with the website.

Please be aware that certain communities have strict standards regarding the number of vehicles at a property. Some areas may not allow motorcycles, RVs, or trailers. You must adhere to these regulations at all times during your stay. Such restrictions, if applicable to your rental home, will be posted on the internet listing.

We reserve the right to substitute accommodations if circumstances require. Circumstances include, but are not limited to: acts of Nature or other accidents that may render a property uninhabitable. In the event that your chosen property becomes unavailable, Agent will attempt to contact Tenant to offer alternative properties, or a full refund of all monies will be given if Tenant does not find any alternative homes acceptable.

Telephones are included in some of our vacation homes for your convenience. Unless otherwise stated, all long distance calls must be charged to your home phone, a telephone credit card, or call collect. Please do not charge any calls to the Owner. Pay-Per-View television, including HBO, special sporting events, ShowTime, and other such channels are not included in your rental, unless otherwise stated on internet listing. Viewing of PPV programs is prohibited by Owner and will result in a separate charge to the credit card on file.

All properties are set up for light housekeeping, including linens and towels. We provide a STARTER SET of toilet tissue, paper towels, bath toiletries, dish soap, and trash bags. This is enough for one or two nights, but if you are staying for an extended length of time, you should plan to bring some supplies from home or plan to purchase these items at a grocery store when you arrive.

Tenant authorizes Agent to disburse up to fifty percent (50%) of the rent to the Owners (or as Owner directs) prior to Tenant’s occupancy of the Premises, and the balance of the rent upon the commencement of the tenancy or as otherwise permitted under the Vacation Rental Act. Tenant agrees to pay a $25.00 processing fee for any check of Tenant that may be returned by the financial institution due to insufficient funds, closed account, or another reason. 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 the 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 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. 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 tenancy. Tenant shall not smoke tobacco or marijuana or use e-cigarettes, vaping, or incense within the house. Any evidence of smoking inside the property will result in an immediate $300 smoke removal home restoration fee billed to Tenant's card.

Any locked closets or other locked areas are reserved for the storage of Owners’ private property. They are not included in this rental.

Agent agrees to provide the Premises in a fit and habitable condition. If, at the time, Tenant is to begin occupancy of the Premises and the Agent cannot provide the Premises in a fit and habitable condition or substitute a reasonably comparable property in such condition, Agent shall refund to Tenant all payments made by Tenant. Agent shall conduct all brokerage activities in regard to the Agreement without respect to race, color, religion, sex, national origin, handicap, sexual orientation, or familial status of any Tenant.

Agent is not responsible for items left in rental units. In the event that Tenant leaves behind items of utmost importance, Agent will attempt to retrieve and return items at Tenant’s expense, but such retrieval cannot and will not be guaranteed.

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 one hundred eighty (180) days after such recordation, Tenant has no right to enforce the terms of the Agreement unless the grantee agrees in writing to honor this Agreement. If the grantee does not honor this 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 ten (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 payment 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 thirty (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 one hundred eighty (180) days after recordation 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 already lawfully disbursed) must be transferred to Tenant within thirty (30) days.
3. If the Owner’s interest in the Premises is involuntarily transferred prior to Tenant’s occupancy of the Premises, the owner is required to refund to Tenant all advance rent paid by Tenant (and other fees owed to third parties not already lawfully disbursed) within sixty (60) days of transfer.

If State or Local authorities order a mandatory evacuation of an area that includes the Premises, Tenant shall comply with the order. Upon compliance, Tenant will be entitled to a refund of the pro-rated rent for each night that Tenant is unable to occupy the Premises because of the order. However, Tenant will not be entitled to a refund if, prior to taking possession of the Premises, (i) tenant refused insurance offered by Agent that would have compensated tenant for losses or damages resulting from loss of use of the Premises due to mandatory evacuation order, or (ii) Tenant purchased insurance offered by the landlord or real estate broker. The insurance offered shall be provided by an insurance company duly authorized by the North Carolina Department of Insurance, and the cost of the insurance shall not exceed eight percent (8%) of the total rent charged for the vacation rental to the tenant.

From time to time it may be necessary for employees of the Agent to enter the property during reasonable hours for any purpose connected with the repair, care, or management of the property. If the tenancy created hereunder is for thirty (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 the Agreement (including any addendum hereto) that, according to its terms, would result in the termination of Tenant’s occupancy; (iii) fails to pay rent as required by this Agreement; or (iv) has obtained possession of the Premises by fraud or misrepresentation.

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 Owner or the failure of Agent or the owner to comply with the Vacation Rental Act. Tenant agrees that Agent, Owner, or their respective representatives may enter the Premises during reasonable hours to inspect the Premises, to make such repairs, alteration, 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 without written permission of Agent.

Tenant understands that Property is a privately owned vacation rental home and is not intended to serve as an event venue. If Tenant wishes to hold any form of celebration, gathering, reunion, or other event at the Property, Tenant must first seek written permission from Agent before the reservation will be accepted or confirmed. If an unauthorized gathering occurs during Tenant’s reservation, Tenant understand that they will be required to leave the property immediately without refund. If any unauthorized event occurs, Tenant will be subject to a fine and will be responsible for all damages, additional cleaning, and additional trash charges. Tenant understands that neighborhood and county noise restrictions will be in effect for the duration of their rental.

NOTE: PERSONS WITH A COMMUNICABLE DISEASE, OPEN WOUNDS, OR ANY INFECTION SHOULD NOT USE THE HOT TUB!

All of our hot tubs are professionally serviced between rentals.

Please follow the following instructions for using the hot tub and instruct your children and guests to do so as well. Failure to abide by these rules will place users at risk for infection and may also result in extra cleaning charges.

• Each guest must rinse off before entering the hot tub and after using the hot tub. Lotions, oils, hairspray, perfume, and deodorants may react with the chemicals in the water and failure to rinse off may subject users to infection.
• If there is a sanitizing dispenser floating in the water, do not tamper with it. You must leave it the water at all times to keep the water sanitized. Removing the sanitizer dispenser will place users at risk for infection.
• Please do not add anything to the hot tub water including chemicals, soaps, bath oils, etc, as they clog the filter.
• Do not use oils, lotions, creams, etc. in the hot tub.
• Do not allow anyone to urinate in the hot tub.
• Take special care in removing cover- it is foam and fragile.
• Carefully place cover on hot tub when not in use to maintain heat and prevent excess water & sanitizer evaporation.
• Damage to the hot tub cover will result in a $500 replacement charge to the credit card on file.
• Make sure cover is secure when the hot tub is not in use.
• Do not turn off or unplug hot tub.
• Do not use glassware in the hot tub, as it can shatter.

Neither the Property Owner nor the Management Company shall be liable for any injury or sickness due to using the hot tub. USE THE HOT TUB AT YOUR OWN RISK.

Guests who bring pets to a non-pet-friendly home will be subject to a non-refundable $200 pet fee as well as non-refundable $500 extra cleaning costs to remove pet hair and dander and clean carpets and upholstery. Property owners who do not allow pets expect that their home will remain pet-free for their family’s comfort and safety. If pets are discovered during your tenancy, you will be asked to board the pet immediately or leave without refund of unused days. By accepting these terms, you indicate your understanding and acceptance of this policy and certify that there will be no animal(s) in your party while staying in a non-pet-friendly home.

Eagles Nest Release and Indemnity Agreement

This agreement is made by the signor (“Guest”) on behalf of themselves and all members of their traveling party for the benefit of THE LODGES AT EAGLES NEST PROPERTY OWNERS ASSOCIATION INC., a North Carolina Company (“Eagles Nest”).Eagles Nest owns and operates Eagles Nest Development in Banner Elk, North Carolina. The development facilities include, without limitation,

• North Pavilion

• Toy Barn, All playground areas, Climbing Towers, and Ropes Course

• Tee Pee Village

• Sports courts and sports fields

• Dog parks and wildlife areas

• Archery range

• Equestrian facilities

• Great Camp area, including Amphitheater and Cigar Bar

• Great Camp Grill

• Hiking, Biking, Horseback Riding, and ATV Trails

• Boulder Park

• All frontage along Elk River and Fishing Ponds

• All firepits throughout the development not on private property

• Two helicopter pads

• River Lodge and Elk River access points

• Any other facilities and/or amenities located at the development and related to the facilities described in items (i-xv) above (collectively, the “Development Facilities”.)

Guest is visiting at Eagles Nest, and as a guest, desires to use the Development Facilities. Eagles Nest agrees to make the Development Facilities available to Guests and any invitees (the “Guests”) conditioned upon Guest’s execution of this Release and Indemnity Agreement in consideration thereof. NOW THEREFORE, in consideration of the foregoing premises and in consideration of Guests’ use of the Development Facilities, Guest does hereby agree as follows:

Guest does hereby full release and discharge Eagles Nest, its officers, members, employees, and agents from and against any and all claims, liabilities, damages, and causes of action arising out of the use of the Development Facilities by any Guests including, without limitation, any injury or death to Guests, any injury or death to any other person, and any injury to property. Guest does hereby agree to indemnify and hold Eagles Nest and its officers, members, employees, and agents, from and against any and all claims, liabilities, damages, and causes of action arising out of the use of the Development Facilities by any Guests. This indemnity shall apply to and cover and claims asserted by Guests, or any of such parties’ families, friends, and other invitees or by any other third party in connection with or arising out of the use of the Development Facilities by any Guests and shall include any claims for personal injury, death, or property damage asserted by any such person. Guest further agrees, on behalf of any Guests, to abide by such rules and regulations as Eagles Nest may adopt from time to time regarding the use and enjoyment of the Development Facilities.

 Leaseholder and Agent each agree that all individuals using, accessing, or staying at the property by virtue of Leaseholder’s execution of this agreement are intended third-party beneficiaries of this rental agreement and are there bound to its terms.  As a result, Leaseholder agrees to and acknowledges they have made all individuals using, accessing or staying at the property aware of the terms and conditions of this agreement, including the Rental Policies of Agent, and that each such individual is bound by its and their terms.   Leaseholder acknowledges and understands that absent the agreement by all such individuals to the terms of this rental agreement and the Rental Policies, such individuals are not permitted to use, access or stay at the property and therefore derive a benefit as a result of such agreement. 

By proceeding with my booking and signing the rental agreement that will be emailed to me, I certify that I agree to abide by the rules and policies herein as well as those pertaining to the property I am renting, and I agree to abide by homeowners/agents/association restrictions on use of said property. I further understand and represent that I am executing this application on behalf of all parties traveling with me. Failure to adhere to the rules and policies may result in forfeiture of my deposit and/or denial of occupancy without refund. I agree to the rules and policies concerning the use of the hot tub. I will not bring a pet to a property that does not allow such. I understand that my property is not equipped with air conditioning unless otherwise stated on the internet listing. I authorize the use of my credit card for any damages incurred during my tenancy. I understand that if I wish to rent a property for a purpose other than a family vacation, authorization must be obtained in writing prior to finalizing the reservation.