Rental Policies
Please read your vacation rental agreement carefully before you begin your vacation. Any monies received by Colonial Properties Cabin and Resort Rentals (Colonial Properties, Inc.) for occupancy of vacation property indicates the acceptance of the terms of our vacation rental agreement in full. All policies are strictly enforced. It is the responsibility of all guests and members of their party to be familiar with all policies pertaining to rental.
AGE REQUIREMENTS: You must be 21 years of age or older to rent a 1-bedroom vacation rental. You must be at least 25 years of age to rent a 2+ bedroom vacation rental. The registered guest must meet the minimum age requirement and be occupying the rental. You will be required to upload your ID using the guest portal or stop by the office to show your ID prior to checking in.
TAX-EXEMPT RESERVATIONS: A Tennessee tax-exempt certificate (for those in the State of TN) or a 501c3 tax-exempt certificate (for those out-of-state) must be provided by any group wishing to claim tax exemption. WE CANNOT ACCEPT AN OUT-OF-STATE TAX FORM. To obtain the out-of-state 501c3 certificate please contact the Nashville, TN IRS Office at 800-342-1003. It takes 7-14 days for the IRS to approve a new application for tax-exempt status. For these types of reservations several criteria must be met as required by the state of Tennessee: (1) The reservation must be made in the name of the organization. (2) Payments must be made by a form of payment showing the organization’s name – i.e., a credit card issued to an organization or check with the name of organization {so long as it is received 30 days prior to arrival}. Please be aware we are required to ensure these types of reservations are paid with funds from the organization and as such we must provide proof to the state documenting these payment types. (3) The group name on the tax-exempt certificate must match all the above. Request for tax exemption must be made at the time of booking. A valid tax-exemption certificate (as stated above) must be submitted to the Rental Agent no less than 24-hours after the reservation has been made.
OCCUPANCY: Local fire codes have established maximum occupancy for your vacation rental. Over occupancy is considered a serious violation of your rental agreement and you will be asked to vacate the property immediately. Children are counted in total occupancy unless they are under the age of two (2). We do not charge a per-person rate.
FALSIFIED BOOKING: If a reservation is made under false pretense, including, but not limited to, a falsified name, age, or size of party, the guest will be subject to immediate cancellation of the reservation, or removal from the vacation rental, and forfeiture of all amounts paid.
NO GROUP OR EVENTS: No parties, receptions, large gatherings, weddings, or similar events are permitted without prior written authorization from Agent. Complaints of excessive noise or any other unlawful activity may result in immediate eviction from the premises. The entire amount of any rent, fees, and deposits will be forfeited if the guest is evicted.
PAYMENTS: An initial 50% payment of the total reservation amount is required to reserve your vacation rental for reservations arriving outside of 10 days. The final balance is due 10 days prior to the scheduled arrival date. The final balance will be automatically charged to the Credit Card on file if no other payment arrangements have been made. If full payment is not made, the reservation will be canceled, and no monies will be refunded. Rates are subject to local and state sales tax. We accept all major credit cards. We do not accept personal checks. We do accept Cashier's checks, these checks must be received 14-days prior to checking in.
Pursuant to the provisions of the Tennessee Code Annotated, Title 47, Chapter 18and Title 62, Chapter 13, Section 62-13-104(b)(3), Subdivision (D)(i), Colonial Properties, Inc. discloses the following as policy: "All advance rent deposits, damage deposits and balance of rent due are deposited into a bank escrow clearing account. These deposits are considered income to Colonial Properties, Inc. upon receipt and may be used immediately. Any refund considerations are expensed from the general books of Colonial Properties, Inc. on a case-by-case basis."
CANCELLATION PROMISE: Our Cancellation Promise is an optional fee that enables you to receive a full refund, less the Cancellation Promise amount + any credit card/reservation processing fees if you need to cancel your reservation. To receive the refund, you must cancel the reservation at least 14 days prior to arrival for 1–2-bedroom vacation rentals, and 30 days prior to arrival for 3+ bedroom vacation rentals. In the event this is not purchased at the time the reservation is made, there shall be absolutely no refunds or cancellations whatsoever.
REFUNDS: Chances are the owner has equipped the vacation rental with amenities to make your stay more enjoyable. Unfortunately, we cannot refund monies or relocate guests due to any of these (TV, VCR, DVD, gas log fireplace, jetted tub, hot tub, pool table, gaming system, small appliances, etc.) not working or malfunctioning. No refunds will be made for acts of God, loss of electrical power, water, air conditioning, or cable outages. In the event of a mechanical failure, we will make every effort to have all reported malfunctions corrected as promptly as possible. All our properties are privately owned. Descriptions, bed sizes, amenities, and names of cabins are subject to change without notice. No refunds will be issued for late arrivals or early departures.
On rare occasions, vacation rentals are sold, and management responsibilities are transferred. Under these, and similar circumstances, reservations may be moved to a similar vacation rental. If your vacation rental is sold, and a comparable property is not available, a full refund will be issued to the credit card we have on file.
NO CHANGE FOR PANDEMIC OR OTHER DISRUPTIONS: For the purpose of clarification and avoidance of doubt, no declaration of a pandemic or other declaration or governmental order restricting travel or access shall alter the terms of this Agreement.
CHECK-IN PROCEDURES: Check-in begins any time after 4:00 pm EST. Due to the possibility of unforeseen circumstances, and/or particularly heavy arrival dates, we do not guarantee a 4:00 pm EST check-in time. It is possible that check-in times could be delayed. We ask for your patience and suggest you have alternate plans for a few hours in case your vacation rental is not ready at the targeted time. You will receive the map and keycode to your vacation rental seven (7) days prior to your arrival, provided that all documents and credit card receipts have been signed.
CHECK-OUT PROCEDURES: Check-out time is 11:00 am EST and is strictly enforced unless prior arrangements have been made. Any guest who does not vacate the vacation rental at 11:00 am EST will be assessed a late check-out fee at the rate of $30.00 per hour. The check-out procedures are simple:
VACATION RENTAL ACCESS: In the event of an emergency, Agent reserves the right to access the vacation rental at any time. We will attempt to notify you should we need to do so, but if we are unable to reach you, we reserve the right to enter the property.
PROTECT INSTALLED EQUIPMENT: Our team works hard to provide reliable AV and Wi-Fi setup and equipment. Under no circumstances should the Guest ever disconnect electronics or any other technical equipment in the vacation rental without the consent of the Agent. Do not adjust, attempt to rewire, connect, or disconnect any items that are in place upon arrival. In the event a system is upset or damaged during a stay, the Guest will be 100% responsible for any technician calls and services charges incurred by Agent. Some rental properties are equipped with exterior security cameras on the front porch facing the front door and parking areas. Tampering with or damaging these cameras in anyway will result in a fine from $100 up to the cost to replace.
PET POLICY: Pets are not allowed in most vacation rentals. However, some allow DOGS ONLY up to 25 pounds. Absolutely NO other animals are allowed. A non-refundable pet fee of $50 (for each dog / limit - 2 dogs) will be charged. No pets are allowed without the Agent’s approval and the pet fee paid in advance. Any unauthorized pet on-premise shall result in automatic forfeiture of all monies paid, immediate eviction without refund, and a fine of no less than $200. Please do not jeopardize your vacation. It is mandatory that dogs left unattended be crated. City ordinance prohibits pets from being walked without a leash.
The pet fee covers entry to the property and does NOT cover any of the following:
o Urine on floors, carpet, linens, furniture, etc.
o Scratched floors, walls, doors, trim, furniture, etc.
o Damage to carpet, rugs, blinds, or any other items in the property
o Excessive pet hair and slobber
o Extra cleaning and flea treatments
SMOKING: Smoking is not permitted inside any of our vacation rentals. Please do not discard cigarette butts on the property grounds. A cleaning fee of $150 - $750 will be assessed for any deviation.
FIREPLACES: Fireplaces are seasonal amenities and are not operational from March through September. Gas logs are not to be rearranged for any reason. A $200 minimum charge will be assessed if the logs are tampered with. Occasionally fireplaces need repairs. We do not offer any refunds or relocations for them being out of order. We will certainly make every effort to repair and /or restore the use of the fireplace. Firewood is not provided for wood-burning fireplaces. You may purchase firewood from a local convenience store or grocery store.
PARKING: Campers, RVs, trailers, boats, and the like are NOT permitted at any vacation rental. Parking is limited to the number of spaces advertised for the vacation rental unit. Exceeding the maximum number of allowed cars may result in being towed at your expense.
TELEPHONES: Vacation rentals may or may not be equipped with land-line telephone service. Some vacation rentals are located in areas with poor cell phone coverage.
POWER OUTAGES: Sometimes in the mountains we experience power outages due to passing storms. If you are staying in a vacation rental and experience a power outage and the rental is on a well, you will not have water until the power is restored, as wells require electricity to work. Having an extra gallon or two of water available is always a good idea. Being prepared can make all the difference. If you do experience a power outage during your stay you may contact our office. Or for faster service, you can contact the Sevier County Electric Company at 865-774-6300 to report the problem and obtain more information.
WILDLIFE & PEST CONTROL: Your vacation rental is treated once a month for insects. Unfortunately, on occasions, these creatures still find their way indoors. While we cannot refund any monies for insects, should it arise, we will take the appropriate measures to correct the problem. In the Smoky Mountains, there are several different animals and wildlife species you may encounter. It is imperative that you DO NOT FEED ANY ANIMALS you encounter. Feeding the animals directly or by not securing your trash can result in bodily injury or death.
LIABILITY: The guest agrees that all personal property on the Premises shall be at the risk of the Guest. Owner and Agent shall not be liable in any manner for loss due to theft or damage sustained by fire or water, howsoever caused, or by any other cause to Guest’s personal property. Guest shall be responsible for the cost of repairing the Premises and/or any property that is damaged during Guest's occupancy of the Premises, ordinary wear and tear excepted.
Owner and Agent shall not be liable for claims, demands, causes of action, judgments, attorney's fees, costs, and expenses arising from or connected with Guest’s use or occupancy of the Premises or that Premises adjacent thereto; nor claims, demands, causes of action, judgments, attorney's fees, costs and expenses for property damage, bodily injuries or death suffered or caused in or about said Premises or the premises adjacent thereto, resulting directly or indirectly from the acts or neglect of Guest.
Additionally, the Owner and Agent shall not be liable should items be left behind in the vacation rental after the Guest’s stay. The agent will attempt to return items, at the cost of the Guest, should they be located, however, no guarantee is made.
FIREWORKS: The use of Fireworks/Firearms at your vacation rental is prohibited. These use of the items at the property will result in immediate eviction without refund.
FIREARMS, WEAPONS, and AMMUNITION POLICY: Because of the risk of firearms being left behind, which poses an unacceptable risk for employees, vendors, and future guests, the Agent prohibits persons from carrying or otherwise possessing firearms, ammunition, or weapons at any vacation rental, including carrying firearms in an open or concealed manner. This policy applies to all firearms, including airsoft and BB guns. Guests who fail to abide by this policy are subject to immediate eviction and forfeiture of all payments made to the Agent at the Agent's sole discretion.
CRIMINAL AND OTHER ACTIVITY PROHIBITED: Use of the Property for any criminal activity or any activity that results in harm or nuisance to others is prohibited and may result in fines, penalties, or prosecution. This prohibition extends to use of the Property’s Internet service, if any, for any such activity, including unlawful downloads of copyrighted or other protected material (including movies, music, software, or other material), or accessing or engaging in any unlawful material or activity.
EVENTS AND COMMERCIAL PHOTOGRAPHY: Events and commercial photography or filming are prohibited at the Property without our express written permission. (If approved, additional conditions and fees may apply.) For these purposes, “events” include without limitation parties, meet-ups, weddings, receptions, concerts and other similar ceremonies or events. No tents, canopies, or other structures may be erected on the Property.
HOT TUBS: In accordance with the Sevier County Health Department all hot tubs are cleaned and treated prior to your arrival. Because of the cleaning involved the water may not be warm until later in the evening of your arrival. Please note hot tub usage is at your own risk. Always leave the bromine floating device in the hot tub as this helps to continue sanitizing the water during usage. Please leave the hot tub cover on the hot tub when not in use. There are health risks associated with the use of hot tubs and you should consult your physician if using one is right for you. Please shower with soap and water before and after using the hot tub as some lotions, deodorants, perfumes, etc. mixed with the hot tub chemicals can cause a skin rash. Agent assumes no responsibility for any occurrence associated with hot tub usage. Guests with heart disease, diabetes, high or low blood pressure, or any serious illness and pregnant women should not enter the hot tub. Children under the age of 12 are prohibited from using hot tub unless accompanied and supervised by their legal guardian. If any residue from items such as bath products, food, alcohol, etc. is found in the hot tub guests will be charged a cleaning fee of no less than $250. DO NOT SIT OR STAND ON THE HOT TUB COVER. If it breaks you will be charged the cost of replacing it. A hot tub cover’s cost will depend on the size and typically ranges from $350 to $500.
INCLEMENT WEATHER / DRIVING CONDITIONS: We do not guarantee any road surface conditions. Most roads in our area are well maintained, but they are curvy and steep. Some properties may have gravel drives or roads. Each individual resort’s Home-Owner Association is responsible for the routine maintenance of roads in their resort. Typically, these roads are well maintained but they may be bumpy at times. Some smaller resorts do not have any type of maintenance or plowing services. In the late fall, winter, and early spring it is not uncommon to occasionally have hazardous road conditions, and in some cases, resorts may be closed by the Home- Owners Association or access may be limited. It is strongly recommended that all guests during these seasons have four-wheel drive and/or chains. Four-Wheel Drive and/or chains do not guarantee that you will be able to access your vacation rental. Winter road conditions and maintenance are not guaranteed. We do not issue refunds due to poor road conditions caused by the lack of maintenance by any resort Home -Owner Association, or third-party source, or due to inclement weather or otherwise. Colonial Properties does not and cannot plow or provide maintenance on roads leading to any of our vacation rentals. You are responsible for your transportation. We cannot provide any transportation for guests nor are we responsible for any towing charges you may incur during your stay. When mountain roads are deemed by the Colonial Properties management team to be unsafe for guest travel, Colonial Properties reserves the right to transfer or cancel any reservation. It is the guest's responsibility to check weather forecasts and road conditions prior to departing for their getaway.
VACATION RENTAL SUPPLIES: Each rental unit is provided with a complimentary STARTER supply of bed linens, towels, washcloths, bath soap, toilet tissue, paper towels, garbage bags, dish-washing liquid, and detergent for the dishwasher. We do not provide extras at our office after your check-in. Please refresh your soiled linens using the vacation rental unit’s washer and dryer if equipped (laundry detergent not provided). WE DO NOT PROVIDE DAILY MAID SERVICE.
SUGGESTED ITEMS TO BRING: Additional rolls of toilet paper and paper towels (you are supplied with a starter roll in each bathroom and one roll of paper towels in the kitchen), laundry detergent, additional dishwasher tabs or detergent, beach towels for use of hot tub and/or pool, charcoal for the grill (please check amenity list for your unit if it has a charcoal or gas grill- propane is provided for gas grills), aluminum foil, coffee filters, salt and pepper, coffee, plastic wrap, and extra blankets if more than one per bed is desired.
MAINTENANCE AND AFTER-HOURS EMERGENCY CALLS: The Agent performs regular maintenance on all vacation rentals and makes every effort to keep all amenities in good working order. As in any home, appliances, hot tubs, A/C and heating units, water, electricity, telephone, satellites, internet access, fireplaces, etc. may malfunction on occasion. While we cannot offer refunds or discounts for such malfunctions, we will make every effort to correct any deficiencies as quickly as possible during regular business hours. Please report all maintenance issues immediately by contacting our office at 865-774-3233 / after-hours please call 865-963-5698. Please be respectful that emergencies take precedence over non-emergency issues. We provide after-hours service for emergencies only, such as lack of power, heat, air, water, severe leaks, accidents, and cabin lockouts. For life-threatening emergencies please call 911.
CONSTRUCTION: While we try our best to keep up with growth in the surrounding area, we cannot always predict construction plans in the area. There is a possibility that construction projects may be in progress near your vacation rental property during your stay. Therefore, we have no control in these situations and no compensation or substitutions to other properties will be considered.
DAMAGES AND EXCESSIVE CLEANING: The guest agrees to leave the vacation rental in an undamaged condition. Guest understands they are solely responsible for and assume all liability for any damages to the vacation rental during their stay. In the event of damage, theft, or the need for excessive cleaning guest authorizes the Agent to charge a credit card on file to cover the expense to bring the vacation rental back to its original state during their arrival. If damages are considered excessive, we will contact our local police authorities to report the damages as vandalism. At this point, a police report will be recorded as this would now be considered a crime. Should the guest dispute the charges or the credit limit on the credit/debit card on file is not sufficient to cover the damages/theft/cleaning, the Agent reserves the right to charge the guest with vandalism and/or pursue collection from the guest with the venue being in the county of Sevier, in the state of Tennessee and/or pursue legal action for a criminal offense. All reasonable attorney fees will be at the expense of the guest if collection becomes necessary. Any damages or problems not reported by guests upon arrival will be charged to the guest. Any accident or damage to a cabin or personal property must be reported within 24-hours of occurrence.
ARBITRATION: The guest agrees to settle any disputes and/or legal complaints arising under or related to this contractual agreement, through the process of arbitration. Guest agrees to waive the right to sue, participate in class-action lawsuits, and appeal. Furthermore, Guests agree to pay all costs, expenses, and attorney’s fees, as allowed by law, expended, or incurred by Owner or Agent by reason of any default or breach by Guest of any of the terms of this rental contract.
EVICTION: Guests and their guests agree to adhere to local laws, rules, and regulations, to not disturb the peace, to keep the property in a clean and sanitary condition, and to comply with the no-smoking and no pets rules. Guests are subject to immediate non-judicial eviction from the rental for the following reasons: (1) Smoking anywhere inside Premises; (2) Pets on the rental property, unless allowed with paid pet fee; (3) Violation of the illegal drug or activity provision; (4) Guests under the age of 21 years who are not related to Guest; (5) Complaints of noise, loud music, foul language, or otherwise disturbing of the peace; (6) Violation of any fire safety policy; (7) Destruction and/or damage of the Premises; (8) Failing to vacate the Premises by the aforementioned checkout date and time; or (9) For any reason the Owner or their Agent deems appropriate in order to maintain the safety and security of the Premises and surrounding areas. The entire amount of rent and security/damage deposit will be forfeited for violation of any of the foregoing reasons, regardless of whether the Guest is evicted.
SPA, HOT TUB, & POOL POLICIES
USE OF SWIMMING POOLS, HOT TUBS, WHIRLPOOL TUBS, AND SAUNAS WAIVER OF LIABILITY AND INDEMNIFICATION
Colonial Properties, Inc., is pleased to provide access to swimming pools, hot tubs, Jacuzzi, whirlpool tubs and/or saunas, and any equipment related to the foregoing (collectively, the "Amenities") as a part of its service to certain of its rental guests ("you") and your invitees (collectively with you, the "Users") who stay in specified rental units ("Units"). By renting a vacation rental from Colonial Properties, Inc., you hereby agree to the terms of this Waiver of Liability and Indemnification on behalf of yourself and all Users using the Unit and/or the Amenities in connection with your rental of a Unit from Colonial Properties, Inc. Unsafe and/or unsupervised use of the Amenities by any User is a material breach of your rental agreement with Colonial Properties, Inc. and shall permit Colonial Properties, Inc to terminate IMMEDIATELY WITHOUT NOTICE your occupancy of the Unit.
By renting a Unit through Colonial Properties, Inc, you acknowledge the following on behalf of all Users accessing the Amenities associated with your Unit during your rental term:
1. Use of any Amenity carries a risk that may result in serious injury or death. No jumping or diving is allowed. You shall ensure that the Amenities are used in a safe manner at all times and that non-adult use of the Amenities is supervised by a qualified and capable adult. Persons under the age of 12 are prohibited from entering hot tubs at any time. All children using any Amenity shall be supervised at all times to decrease the risk of injury, death, or drowning. Colonial Properties, Inc does not provide lifeguards for any of the Amenities. No glass should be used in or near the Amenities.
2. Use of the Amenities could subject Users to certain risks including the risk of drowning, slipping, and falling other accident-related injuries, and certain health-related risks including, without limitation, the transmittal of certain bacteria and maladies known as hot tub rash, hot tub lung, and/or folliculitis. All bathers must shower before and after use to decrease the possibility of skin problems. Swimsuits used in natural bodies of water such as oceans, lakes, and streams must be laundered before use of the Amenities.
3. Pregnant women, persons taking medication, elderly persons, those with diabetes, low or high blood pressure, history of strokes, epilepsy, heart disease, or other cardiovascular conditions should consult their physician prior to using any Amenity. The American College of Obstetricians and Gynecologists (ACOG) states that becoming overheated in a hot tub is not recommended during pregnancy.
4. Never use any Amenity while under the influence of drugs or alcohol or if you are taking medications of any kind or being treated for any illness.
5. All hot tubs should be kept at a temperature less than 104 degrees for personal safety.
6. Users are prohibited from tampering with the Amenities and any related chemicals. If any User is found to have tampered with the Amenities or any related chemicals, you will be responsible for any expenses incurred. DO NOT SIT, STAND, JUMP OR WALK ON THE SPA COVER as it could collapse causing serious bodily injury and/or damage to the cover. Any excessive cleaning required for any Amenity will result in a minimum charge of $150.00. In consideration of the rental of the Unit by Colonial Properties, Inc to you, on behalf of yourself and all Users and each of your and User’s respective personal representatives, guests, children, heirs, and next of kin, acknowledge, agree, and represent that (i) you have, or will immediately upon entering an area containing any Amenity, and will continuously thereafter, thoroughly inspect the Amenity and such areas containing the Amenity, that you have ready any safety rules or other notices published near the Amenity (the "Rules"), and that the use of any Amenity by you or any User constitutes an acknowledgment that you have inspected the Unit and Amenities and you find and accept such areas as being safe and reasonably suited for the purposes of your use and use by the Users, and you further agree and warrant that if, at any time, you feel anything to be unsafe, you and all Users will immediately leave the area and advise appropriate persons, and that you and the Users shall follow all Rules, (ii) you hereby RELEASE, WAIVE, INDEMNIFY, HOLD HARMLESS AND COVENANT NOT TO SUE Colonial Properties, Inc. , its officers, directors, members, managers, employees, and agents and the owner(s) of the Unit (the "Indemnified Persons") for any and all loss, liability, damage, cost, claim or demand (including reasonable attorneys' fees and costs) on account of harm, illness, or injury to the person(s) or property of any User, including, without limitation, DEATH of you or any User, and (iii) you AGREE TO INDEMNIFY, SAVE AND HOLD HARMLESS Colonial Properties, Inc. from any loss, liability, damage, or cost any indemnified person may occur due to your presence in or upon the area and unless caused by the gross negligence of Colonial Properties, Inc.
CAUTION: THIS IS A RELEASE, WAIVER, AND SAVE HARMLESS AGREEMENT AND BY SIGNING THIS DOCUMENT YOU ARE RELEASING CERTAIN LEGAL RIGHTS AND CLAIMS. BY SIGNING THIS DOCUMENT, YOU ACKNOWLEDGE YOU HAVE READ THE FOREGOING AGREEMENT AND FULLY UNDERSTAND IT, AND INTEND TO BE BOUND BY IT.
ASSIGNMENT: You may not assign this Agreement without the prior written consent of the Agent. The Agent may assign this Agreement. This Agreement is binding on your successors, permitted assigns, heirs, executors, and administrators.
By acknowledging and accepting this Agreement or otherwise accessing or using the Property, you agree to be opted into communications from the Company via phone, e-mail, mail, or other communications to which you may opt out after receipt of such communications pursuant to all pertinent laws and regulations regarding such communications.