IMPORTANT: PLEASE READ CAREFULLY
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”.
So, again, WELCOME!! Let’s start with an overview of our property Rules:
NO SMOKING. No smoking of any kind inside the premises.
BE A GOOD NEIGHBOR. Be courteous to your neighbors.
NO OVERNIGHT UNAUTHORIZED GUESTS. If guests are not listed on your reservation, they should not be staying in the unit.
FOLLOW THE TRASH REMOVAL PROTOCOL. Please follow the trash protocol provided in your check-in instructions. Any trash violations are subject to fines.
PET POLICY. 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.
QUIET HOURS. From 10:00pm to 8:00am daily. Please be mindful of noise, especially during quiet hours.
YOUR FRIEND, YOUR RESPONSIBILITY. Pretty simple, if you invite a guest into your Rental Unit, you’re responsible for their actions. We have strict occupancy limits per Rental Unit.
TAKE ONLY MEMORIES, LEAVE THE REST BEHIND. It can be a costly mistake.
FOLLOW CHECK-OUT INSTRUCTIONS. Please follow the check-out instructions once your stay is complete. You will receive a detailed set of instructions that will map out exactly what you need to do as your stay comes to an end. Failure to follow the check-out instructions will be subject to additional fees.
Below are the basic terms and conditions governing your stay, as well as a list of fees associated with each violation of this Agreement:
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. USE. You shall use the Rental Unit only for temporary residential use during the Reservation. Commercial uses are prohibited. Any use of the Rental Unit other than temporary residential use or temporary accommodation use shall be grounds for immediate termination of this Agreement and you and your party shall be removed from the Rental Unit and the Property.
4. REQUIRED PAYMENT. Full payment is required at the time of booking to confirm your reservation.
5. CANCELLATION.
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.
6. RESERVATION CHANGES. Changes to your Reservation may be allowed at the sole discretion of Mountain Sights. However, if the changes to your Reservation involve decreasing the number of nights booked, you may receive a full or partial refund – see Section 5(a)3 above for details. In the event you wish to modify your reservation after your check-in date and at least seven (7) days prior to your expiration date, modifications may be allowed at the sole discretion of Mountain Sights. Any modification request to reduce the number of nights booked within seven (7) days of your scheduled expiration date will not be allowed.
7. 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.
8. 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.
9. PUBLIC RECORDS CHECK. Mountain Sights conducts a public-records search on all prospective occupants of our Rental Units. To do so, we’ll need each occupant’s legal full name, date of birth, and, when requested by Mountain Sights, a government-issued photo ID. Mountain Sights reserves the right to cancel a Reservation if the public records search shows any information that we, at our sole discretion, feel would increase the risk of damage to our Rental Units. We also reserve the right to share all occupants’ names, Rental Unit assignment, and arrival/departure dates with the property owner, who also has the right to cancel your Reservation. Mountain Sights reserves the right to share with property staff the names of guests who are authorized to be on the property. If cancellation occurs as a result of a public records search, you will be entitled to a full refund.
A) LEGAL NAME. Use of a name other than the true legal name of Guest for the purposes of the reservation shall be grounds for immediate cancellation of the reservation.
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.
A) BACKGROUND CHECKS: You acknowledge and agree that for transparency, safety, and fraud prevention purposes, and to the extent permitted by applicable law, we may, but have no obligation to, before and/or while you reserve and/or occupy a Property: (a) require that you provide us with a form of government identification or other information sufficient to assist us with undertaking the background checks described in above. (b) screen you against third party databases or other sources and request reports (e.g., credit checks) regarding you from service providers (if available); and (c) for users outside of the UK and EU, obtain reports from public records of criminal convictions or sex offender registrations or an equivalent version of background or registered sex offender checks (if available). You hereby consent to our undertaking the foregoing background checks and to our processing of the resulting information in accordance with our Privacy Policy (if applicable), including sharing with landlords and/or their property managers (collectively, “Landlords”) the results of background checks for users based in the U.S.
11. FALSIFIED RESERVATION. If you make your Reservation fraudulently, or through misrepresentation of fact, your Reservation will be canceled, and you’ll lose any payments you’ve made. You agree that Mountain Sights will not be liable for any injury or damage to property or people that results from such a Reservation, and you agree to indemnify Mountain Sights as described below in this Agreement.
12. ANIMALS. Mountain Sights does not accommodate pets other than dogs and cats at our Rental Units. Pets are allowed in those Rental Units designated as pet friendly and a pet fee may be applied for each pet not formally registered as service animals. You must notify Mountain Sights if you are bringing a pet, and you must comply with all of our pet policy rules. Pets are not allowed in Rental Units not designated as pet-friendly. If your pet is a service animal or an emotional support animal, give us a call and we will make reasonable efforts to accommodate your needs, as required by law. The following dog breeds are unable to be accommodated: Pit Bulls, German Shepherds, Chow Chows, Boxers, Rottweilers, Bull Mastiffs, Presa Canarios, American Bulldogs, wolf hybrids, Huskies, Malamutes, Dobermans, St. Bernards, Great Danes, Akitas, Staffordshire Terriers, or any hybrid or mixed breed of the aforementioned breeds. You may never leave your pet unattended in the Rental Unit. Your pet must be up to date with all licensing and vaccination requirements of the state and local jurisdiction where you permanently reside, and you must furnish copies of said documentation if and when requested by Mountain Sights.
13. SMOKING. Smoking or vaping of any substance, legal or otherwise, is prohibited in your Rental Unit.
14. EXCESSIVE NOISE. West Home is committed to respecting our neighbors and promoting a peaceful, safe, memorable experience for our guests. You agree to refrain from any activities that would disrupt the peace of neighboring properties. In other words, no excessive noise, smells, lights...you get it. Mountain Sights is not required to give “second chances” and reserves the right to terminate the Reservation at its discretion with any violation herein. You agree to comply with the property’s rules, including quiet hours, and to all local noise regulations. We may use technology, such as NoiseAware, to monitor volume levels in the Rental Unit. (Don’t worry: NoiseAware is incapable of eavesdropping on you. It only measures sound amplitude, and it can’t record or transmit words.) If law enforcement are called because of the actions of you or your guests, it’s at your sole risk and expense, and it may result in additional charges and/or immediate eviction without a refund for any unused nights.
15. 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 in the apartment community; 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 Sights'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) WiFi AND INTERNET USAGE. Illegal internet download activity or illicit internet activity of any kind while using our provided WiFi 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 WiFi or internet services.
16. 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.
17. 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.
18. 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.
19. 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.
20. 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.
21. 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.
22. 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.
23. 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.
24. 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.
25. 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.
26. RIGHT OF ENTRY. Mountain Sights and the property staff have the right to enter your Rental Unit if necessary.
27. 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.
28. 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.
29. FORCE MAJEURE. Neither of us is liable for failure to meet the terms of this Agreement if it’s due to force majeure (i.e. an “Act of God”), provided that reasonable efforts are made to notify the other party about such an event and its expected duration.
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 courts Georgia.
34. ATTORNEYS’ FEES. The prevailing party in any lawsuit arising from or relating to this Agreement is entitled to recover its costs, including reasonable attorney fees.
ADDITIONAL FEE SCHEDULE:
ISSUE ----- FEE (all charges in $USD, unless otherwise noted)
Unauthorized Late Check Out ----- Up to the cost of any impacted nights subsequent to originally scheduled check-out. Minimum $50.00.
Excessively Late Check Out ------ Past 1pm, the next night will be charged.
Smoking in Unit ----- $500.00 minimum charge and eviction from Rental Unit
Excessive Cleaning ----- Up to $125.00 per hour of additional cleaning needed
Damaged or Missing Items ----- Varies depending on cost of item.
Missing Keys ----- $150.00 minimum charge
Missing Access Fob/Card, Parking Pass or Garage Remote = $150.00 minimum charge (per missing item)
Unauthorized Pets ----- $250.00 plus any damages or additional cleaning costs incurred
Noise Complaints ----- Complaint: potential warning issued or, if necessary, eviction with no refund and a charge of up to $1,000.00
Damage to the Premises or Rental Unit: Varies depending on cost of damage. Minimum of $150.00
Party in Unit ----- Up to $2,000.00 plus any damages to Mountain Sights
Forgotten Personal Belongings ----- $75.00 minimum charge
Missing Towels/Linen ----- $25.00 per towel or linen piece
Mountain Sights Rental Agreement Updated 4/2/2023
by Mountain Sights, Rentals, LLC