General Information, Polices, Terms and Conditions

Walch Creekside Log Cabin Retreat
In Maggie Valley, North Carolina
Rental Agreement

“THIS IS A VACATION RENTAL AGREEMENT UNDER THE NORTH CAROLINA VACATION RENTAL ACT. THE RIGHTS AND OBLIGATIONS OF THE PARTIES TO THIS AGREEMENT ARE DEFINED BY LAW AND INCLUDE UNIQUE PROVISIONS PERMITTING THE DISBURSEMENT OF RENT PRIOR TO TENANCY AND EXPEDITED EVICTION OF TENANTS. YOUR SIGNATURE ON THIS AGREEMENT, OR PAYMENT OF MONEY OR TAKING POSSESSION OF THE PROPERTY AFTER RECEIPT OF THE AGREEMENT, IS EVIDENCE OF YOUR ACCEPTANCE OF THE AGREEMENT AND YOUR INTENT TO
USE THIS PROPERTY FOR A VACATION RENTAL.”

It is understood that Walch Creekside Log Cabin Retreat at 67 Reservation Road, Maggie Valley, NC 28751 including furnishings is privately owned by Marc Walch and Linda Marcantonio, with Mary Leatherwood our property manager solely as Agent for the Owner.

CHECK-IN AND CHECK-OUT TIMES:

  • Check-in is at 4:00 P.M.
  • Check-out is at 10:00 A.M.
    Late departures will result in another day rental rate charge.

ACCESS TO CABIN:

  • Renters will be provide with access information prior to arrival by owners.
  • Mary Leatherwood is available for emergency maintenance and cabin issues   828-421-7379 once you arrive.

TAXES, PRE-PAID RENTAL DEPOSITS, AND SECURITY DEPOSITS WAIVERS WHEN RESERVATION

  • A Jackson County Occupancy Tax of 4% and N .C. Sales Tax of 7% will be added to all Pre-paid Rental Deposits.
  • Rental deposit is 50% at booking and 50% 90 days prior to rental date via Pay Pal.   
  • A $500 Security Deposit Waiver Form is signed within 90 days of reservation dates if booking directly.
  • Security Deposits may be used if violate NO PET POLICY, NO SMOKING (inside cabin), GUESTS LIMIT OF 12, to repair damages, replace missing contents, or to reimburse owners or agents for expenses resulting from agreement violations, such as charged phone calls, Internet charges in access of daily limit, movie charges, check fee, trash left in unit, dirty dishes left unwashed, furniture moving, late departure or unacceptable condition of unit on departure. Should housekeeping find the house in an unacceptable condition, photos will be taken and additional charges will be charged to your Security Deposit. Guests are financially responsible for damages in excess of the Security Deposit and for additional cleaning if necessary. There will be a $50 security deposit deduction for all keys not placed back into the cabin lock box.
  • Final Pre-paid Rental Deposit balance and Security Deposit Waiver Form must be received by owner at least 90 days prior to your arrival. It is your responsibility to make sure your final balance payment via Pay Pal is received by owner within the 90 days of your arrival date or risk forfeiture of Pre-paid Rental Deposit and Cancellation of Reservation.

CANCELLATION POLICY AND REFUNDS:

We know that plans can go astray, however we rely primarily on advance reservations and cancellations cannot readily be filled, so to be fair to all concerned our policy is:

  • If you cancel a reservation prior to the 90 day arrival date your Pre-paid Rental Deposit and Applicable Taxes collected is refundable, less a $100 Cancellation Fee.
  • If you cancel during the 90 days prior to your arrival all reservations would forfeit the Pre-paid Rental Deposit and Applicable Taxes collected.
  • On all reservations if the dates you cancel are re-booked with a confirmed reservation by another guest we will refund your Pre-paid Rental Deposit and Applicable Taxes collected, less a $100 Cancellation Fee and any fees charged by Pay Pal to owner.

No appliances are guaranteed and there will be no refunds on appliances, power, water or TV failures but we try to keep these in good working order and any failures will be repaired as quickly as possible. We also feel that our website provides you with ample information regarding the features, elevation location and roadway, floor plan and condition of the cabins, therefore, we will not refund any portion of your Pre-paid Rental Deposits upon arrival, but we will do everything possible to accommodate a reasonable request. All guests are financially responsible for the time reserved; there will be no refunds due to weather, change of plans, or early departures.

These above policies were adopted to control the additional cost to owners and increased rental fees due to cancellations.

WINTER MONTH RESERVATIONS:

During your winter visits, stay tuned to TV/Radio/Weather stations for storm warnings or watches. Depending on the severity of the storms and your location, it is your responsibility to take necessary precautions. We will assist if possible and/or give you names of wrecker services in the area. Walch Creekside Log Cabin Retreat requires 4-Wheel drive and tire chains/cables due to weather conditions during winter months .  We are not responsible for damages incurred due to weather or cost to evacuate your family or vehicles. 

SATELITE DIRECT TV and HUGHESNET INTERNET:

We have satellite Direct TV for viewing pleasure and Hughesnet Internet.

The cabin has limited wireless Satellite Internet service and 1GB per day is provided for guest with additional data purchases available at 3GB for $9, 5GB for $15, 10 GB for $30 and 25GB for $75.   You will not be able to stream or play video games on-line as they will use up an entire monthly allocation and shut or slow the Internet down, so please limit Internet use to checking email and have your group turn cell phones off when not in use.  

Cellular service is limited in the mountains and most carriers do not work at the cabin but occasionally you can get a signal on the community road on the drive in/out.   We provide a land line with free long distance by dialing 1 and the # you wish to reach.   The cabin phone #828-926-4398 as calls can be received in as well.

HOT TUBS: For the safety and enjoyment of our guests the hot tub is cleaned between stays. This might necessitate a delay in using the hot tub when you arrive because the water has not reached the desired temperature. We apologize for this inconvenience should this happen. Please be sure that the hot tub cover is kept in the down position latched after use to insure safety of all guests and allow for proper re-heating of the water. For your safety it is recommended that use be limited to 15 minutes to avoid over heating and also not to drink alcohol while in the hot tub.  Guests should not put any soaps or oils into the hot tub. Should any of these items or other foreign materials be introduced into the hot tub that causes the cleaning of the hot tub to be more than normal then there will be a minimum $30 charge.

PETS: Pets are not allowed in the cabin or on the property.

SERVICE ANIMALS:  Under North Carolina’s service animal law, people with disabilities who use service animals are entitled to have those animals with them on any premises they lease, rent, or use. A landlord may not require you to pay extra to have a service animal, although you are liable for any damages your service animal causes to the property or to another person.

The federal Fair Housing Act requires housing facilities to allow service dogs and emotional support animals, if necessary for a person with a disability to have an equal opportunity to use and enjoy the home. To fall under this provision, you must have a disability and you must have a disability-related need for the animal. In other words, the animal must work, perform tasks or services, or alleviate the emotional effects of your disability in order to qualify. (For more information, see the Department of Housing and Urban Development’s guidance on service animals.)
SMOKING: We do not permit smoking inside our “No Smoking” cabin. Smoking is permitted on the decks and grounds. Please extinguish all cigarettes in ashtrays and dispose of them properly to prevent a fire hazard and keep the grounds well maintained.

CLEANS: Departure Cabin Cleaning and Spa Cleaning inclusive in Rental Fee for 4 hours of cleaning by 2 cleaners, if cleaning requires more there will be an upcharge against security deposit.

MAINTENANCE:

  • Maintenance and cleaning services are performed by property manager Mary Leatherwood 828-421-7379.
  • Please report any problems or damages in the cabin the day of check-in   If not reported, we must assume the damage or loss occurred during occupancy and may deduct it from your security deposit.
  • When maintenance needs arise during your stay (light bulb burns out in a non-reachable place, leaky faucet, toilet runs, grill starter doesn’t work, stove burner not working, etc.), It may be necessary for us to enter the unit during reasonable hours to perform minor repairs but tenants are not required to be on premises.

TRASH: Trash must be deposited at the Hornbuckle Community trash container at the entrance road to the community. Jackson County does not provide curb-side pick-up and unfortunately there is no recycling. It’s a good idea to dispose of trash each time you go into town and please do not leave trash bags on decks as it attracts animals. ALL TRASH MUST BE REMOVED FROM YOUR RENTAL UPON DEPARTURE OR THEIR WILL BE A $10 CHARGE PER BAG AGAINST YOUR SECURITY DEPOSIT.

PHONE: The phone number to Walch Creekside Log Cabin Retreat is 828-926-4398 and local and limited long distance calls (dial 1 first) can be made.

TENANT RESPONSIBILITIES: Walch Creekside Log Cabin Retreat comes fully furnished with dishes, silverware, cookware and linens (towels, bath mats, sheets, dish towels) but guest provide/perform the following:

Guest provide paper and soap products

  • toilet paper (1 roll per bathroom startup provided)
  • paper towels and napkins
  • trash bags, soaps/hand & body soaps, dish, dishwasher and laundry soap

Guest are required

  • to wash, dry and put away all dishes
  • remove any/all items from refrigerator/freezer
  • remove your trash

We ask that each unit be treated as if it were your own. Do not rearrange the bedding or furniture.  Owners/Property Manager will not be responsible for any items left in a cabin by a tenant. If property manager is requested by tenant to pick up and return any item left in a cabin, items will be returned by UPS or US Postal Service at renter expense, plus a property manager service charge of $40.00 will be deducted from your security deposit.

FIREPLACES AND CAMPFIRES AND NO FIREWORKS:

  • Firewood should be purchased in bundles from local stores/gas stations.
  • Be sure that the fireplace damper is open before lighting a fire.
  • Only campfires in the designated fire ring and must be extinquished with hose.
  • All fires need to be fully extinguished prior to leaving the cabin anytime during the guest stay and upon final departure.
  • No fireworks, sparklers, firecrackers, etc. are allowed on property or in community.

Fire is a huge threat to the area, if you start a fire and it gets out of control you will be held personally and financially responsible, so never leave a fire unattended.

HEAT SYSTEM: During the winter months, upon departure please place the hall thermostat for furnace to 55 degrees and unplug any space heaters if utilized.  The cabin sits at over 4,000 feet elevation, therefore, No AC but each room has ceiling fans and heat as most cabins in the Smoky Mountains at high elevation do not have AC.

WINDOWS, DOORS & LIGHTS: Upon departure be sure that all windows are in their locked position and doors are securely pulled tight and locked. Additionally, turn off all lights to conserve energy.

MOBILE SLEEPING UNITS: No mobile sleeping units are permitted at the cabin for additional housing or access to water and septic system.

SUB-LEASING: It is against policy for you to sub-let our cabin. Example: Should you reserve our cabin for a month, it is expected that you will be staying there, not you for several days, then your neighbor, relative, employees, etc. for several days or weeks to make up the month.

MEDICAL AND FIRE EMERGENCIES:

  • Call 911 for all emergencies and indicate the home is at 67 Reservation Road, Maggie Valley, NC 28751 in the Hornbuckle homeowners community in Jackson County.
  • In case of fire or house damage also contact property manager,  Mary Leatherwood 828-421-7379 and owners 407-620-4494.
  • The closest hospital is Haywood Regional Medical off Hwy 19 coming in from the east of I-40.

EVICTION: According to Section 42A-23 of the North Carolina Vacation Rental Act, a tenant staying for 30 days or less, may be evicted in an expedited eviction proceeding if the tenant does any of the following: (1) Holds over possession after his or her tenancy has expired; (2) Has committed a material breach of the terms of the vacation rental agreement that, according to the terms of the agreement, results in the termination of his or her tenancy.

GENERAL STATEMENT: All information contained herein is considered to be accurate and truthful. PROPERTY MANAGER, MARY LEATHERWOOD  AND THE HOMEOWNER/S assumes no responsibility and shall have no liability whatsoever for errors, including without limitations, typographical errors and or omissions. Rates, furnishings, and amenities are subject to change without notice. In the event a home is unavailable for rental due to fire, water damage, acts of nature, etc. we will do everything possible to find you equal accommodations, but if we are not able to do this all deposits will be refunded. The renter fully understands that: PROPERTY MANAGER , MARY LEATHERWOOD AND THE HOMEOWNER/S is not responsible or liable to renter for loss or theft of any of the renter’s personal property, accidents, injury or damage of any nature from any cause to renter (including guests, licenses, or invitees) or acts of God, weather, road, travel or skiing conditions or other recreational activities, or items removed or changed in the home. Guest(s) hereby agrees to INDEMNIFY and hold  PROPERTY MANAGER, MARY LEATHERWOOD and the HOMEOWNER harmless from any and all claims including those of third parties, arising out of or in any way related to Guest(s) use of premises or the items of personal property provided therein. Guest(s) assumes the risk of injury or other losses relating to any recreational activities and will hold home owner and its agents harmless with respect there to.

 

We Do Business in Accordance With the Federal Fair Housing Law
(The Fair Housing Amendments Act of 1988)