Rental Agreement & Policies
Minimum Stay
There is a three (3) night minimum stay year round except for Holidays, i.e. Easter, Memorial Day, Thanksgiving, Christmas, New Years, Independence Day, when there is a five (5) night minimum stay.
Booking
For the purposes of this contract the person booking and presenting payment for the booking is defined as the 'Signator'. The completion and transmission of the on-line booking form constitutes and confirms you (the Signator) and your guests acceptance of the terms and conditions set forth below. Signator must occupy the property during the rental period. This rental agreement may be amended from time to time and shall be binding on all persons listed on the booking form.
Each booking will be confirmed by the owners/management company as soon as possible after receiving the booking form and deposit. The booking will be considered confirmed only after you have received confirmation via email, fax or written correspondence.
Once the owners/management company confirm the booking with you and you have paid a deposit (50% of the total booking cost), the named person (Signatory) on the booking form will be responsible for the balance due on the invoice, as agreed to on the confirmation of booking.
The remaining balance of rental fees due must be paid and received by the owners/management company 30 calendar days prior to your arrival/check-in date at Serenity. In the event you book your stay 30 or less days prior to your arrival date the full rental amount and $300 dollar security deposit are due immediately upon booking. If the full balance of the rental fees and security deposit are not paid in accordance with these booking conditions, the owners/management company reserve the right to cancel your booking and cancellation penalties will apply.
All fees charged are subject to a 10% Georgia Sales Tax which are NOT included in the per night prices listed on our website.
Security Deposit
The completion and transmission of the electronic booking form confirms your acceptance to pay for any damage of any kind caused by you or your guests while at Serenity. The cost of damages, repairs and/or replacements for items lost, missing or stolen from Serenity will be deducted from your security deposit prior to its return. Payment of the Security Deposit is subject to a 3% surcharge when using PayPal. No interest or other compensation will be paid to the Signator during the period that the owners/management company maintain the security deposit until it’s return.
The security deposit is fully refundable 2-3 weeks after your departure from the property, providing there are no claims against it. In the event there is a claim against your security deposit you will be notified via written registered correspondence delivered by the U.S. Postal Service.
In the event of any excess damage of any kind, excessive cleaning costs by our agents or excessive use of utilities (caused by leaving external doors open with the air conditioning on or the hot tub running or leaving the water running or other appliances on such as television or radios) the named person on the booking form will be held responsible for all additional costs which exceed the security deposit. The extra costs will be charged to your credit card and/or you will receive a letter from our attorney who will attempt to satisfy this debt. In the event that our attorney is forced to take legal action you agree to pay all costs associated with the recovery of said debt.
Payment
Payment by check will only be accepted in USD. Please allow 30 business days for domestic checks to clear and 60 business days for foreign checks to clear the bank. Please keep in mind that the full rental amount is due 30 calendar days prior to your arrival. RETURNED CHECKS - You will be assessed a $35.00 service charge on any check that is not honored by your financial institution due to insufficient funds. Additionally there will be a $40 processing fee to collect on this debt and satisfy any Serenity financial institution charges that may occur.
You may also make payment via PayPal using your credit/debit card or electronic transfer of funds over PayPal's secure checkout. Please note this transaction will be subject to a 3% surcharge.
Late Offer Bookings
From time to time we may offer discounted rental specials or Late Offers at our discretion. These offers will be listed on our Late Offers web page. When you book a late offer stay, the full invoice amount for your stay and your $300 security deposit are due at the time of your last minute booking. Should you cancel your booking for our last minute deals we will fully refund your security deposit, cleaning fee and 50% of your total booking fee. 50% of your booking fees will be forfeited.
Arrival and Departure
ARRIVALS ARE NOT ALLOWED ON THANKSGIVING DAY, CHRISTMAS DAY OR NEW YEARS DAY.
Please adhere to our check-in/check-out times. We try to get guests into the property as soon as possible on the day of their arrival and your prompt departure affords our cleaning company time to have the property in optimal condition for our next guest's arrival.
CHECK-IN TIME IS 2 p.m. – Serenity is equipped with a keyless entry system which utilizes rolling entry codes. Information regarding the code for Keyless entry will be provided upon receipt and clearance of all rental fees and surcharges due the Owners/Management company. We will make every reasonable effort to have Serenity ready for our guests by 2 p.m. on the date of arrival. However, the owners/management company cannot guarantee the exact time of occupancy due to unforeseen or extenuating circumstances.
CHECK-OUT TIME IS 11:00 a.m. - There are no exceptions, unless authorized in advance by the owners/management company. Please respect the departure time to allow adequate time for our cleaning service to prepare Serenity for new guests who may arrive just four hours after your departure.
Cancellations
Providing the owners receive written notice of cancellation via US or other mail or package carrier not less than 30 calendar days prior to the actual booking or arrival date, the Signatory will not be liable for the full balance and all funds received will be refunded. It is the responsibility of the Signatory to ensure that the signed cancellation letter reaches the owner. Email cancellations are not acceptable.
Cancellations less than 30 calendar days but more than 14 calendar days prior to the actual booking date will forfeit the reservation deposit only (50% of the booking fee). All other funds will be returned.
If the cancellation is received less than 14 calendar days prior to the arrival date the signatory is liable to pay the entire balance of the final invoice less the security deposit and cleaning fees.
If the owner is successful in re-letting the property for all or part of the reservation period, 80 percent of the total invoice fees (security deposit, rental fees and cleaning fees) will be refunded to the signatory with the other 20 percent used to cover rebooking fees by the owner/management company.
The owners/management company reserve the right to cancel any booking provided written notice is given via email/written correspondence and any balance paid to and received by the owners/management company are fully refunded to the guest.
In the unlikely event that circumstances beyond our control necessitate our cancellation of the booking, we will refund any monies paid by the Signatory, without interest, compensation or consequential loss of any kind.
NO SHOW POLICY – The total amount of the reservation to include security deposit, cleaning fees surcharges and taxes will be forfeited.
Discounts for Referrals
Refer us to a friend and receive one night half price on your next return when your friend books a minimum three night stay.
At the time of booking the friend you are referring (Signator) must list the guest who made the referral under 'Where did you find us?'
Offer limited to one (1) half price night per booking per Signator. This offer cannot be combined with other advertised specials. It is not valid during Holidays and is non-transferable (whoever booked the last stay must book the stay in which the free half night is received and be a registered guest during the time the half price offer is validated (credit card or check must be in the same name as previously booked). To validate this offer please contact us.
Laundry - Linens
A basic supply of high quality linens are provided at Serenity. Please be considerate of wear and tear on linens, blankets and furnishings. Bed linens, towels and supplies are not changed or replenished during your stay, unless you have rented ten (10) or more days in which case a mandatory cabin cleaning is required every five (5) days at a rate of $60. The additional cleaning fees will be automatically be deducted from your security deposit. (the $80 cleaning surcharge paid up front is for house cleaning upon your departure). Please notify the cleaning company, via the number listed in the Serenity Information book provided at Serenity, of a convenient time to have this done and allow them at least four hours to complete the cleaning.
Smoking/Pets
We're Sorry - For the safety and comfort of all our guests smoking is strictly prohibited within the property. Violation of this policy will require an extensive house cleaning and will result in your ENTIRE DEPOSIT being forfeited. Furthermore if you are discovered you will be asked to leave and forfeit all funds paid to include your security deposit. Smoking is permitted outside, however, all cigarette butts must be extinguished and placed in outside receptacles provided. No tossing or pitching butts on grounds or in the woods. ALL CIGARETTE BUTTS MUST BE BAGGED AND PLACED IN TRASH CANS BEFORE DEPARTING. No pets of any size or type are allowed, to include lizards, frogs, snakes or other non-traditional pets.
We're Sorry - We have many guests staying back to back and our cleaning company can only wash one set of towels (per person i.e. six to eight people), plus one set of bed sheets (per person) in the time allotted prior to the arrival of our next guest.
If you feel you will need extra towels or bed sheets during your stay please make sure that at least one complete set of each are washed, dried and put away before your departure. A washer and dryer, detergent and dryer sheets are provided for your use. This helps us provide a quick turnaround for the next Serenity guest. Remember check in is at 2 p.m. and checkout is at 11 a.m. and this does not leave us much time to prepare for the next guests arrival.
Failure to leave at least one complete set of bath towels and bed linens (for each room) washed, dried and put away before your departure will incur a $50 fee DEDUCTED FROM YOUR SECURITY DEPOSIT – NO EXCEPTIONS!
Cleaning
CLEANING REQUIREMENTS – Additional cleaning services of the cabin and/or hot tub can be arranged, during your stay, at an additional charge to you.
You as the guest(s) are required to leave the property in the same generally clean condition it was in when you arrived. All dishes, pots, pans, etc. should be washed and/or placed in the dishwasher with detergent provided and turned on for cleaning prior to your departure.
All linens, towels, etc. if used, will be removed and placed in the second floor bathroom in laundry baskets provided. (Note: do not place wet items on dry items, as they may bleed onto each other). Laundry instructions are posted in laundry area.
The refrigerator is to be left clean and free of any food that will spoil. All trash and garbage should be bagged and placed in outside trash receptacles. Because of abundant wildlife, make sure all lids are secured on trash receptacles. If additional cleaning is required beyond the normal, appropriate charges will be deducted from your security deposit, charged to your credit card or referred to our attorney for collection.
Guest(s) are responsible for any damage, abuse, excessive cleanup requirements, or loss caused by any member of the guest(s) party to the property or its contents during guest(s) occupancy. The owners/management company’s caretaker will conduct a walk through after your departure to check the property and ensure it is left in good order and that no policy violations or thefts have occurred.
Amenities
CENTRAL AIR CONDITIONING/HEAT - The Central Air/Heat Unit operates year round. Setting the thermostat/air conditioning below 65 degrees may cause the compressor coils to freeze up and shut the unit down. It takes 8 to 12 hours for the unit to defrost, leaving you without air conditioning. This becomes your problem if you fail to comply with the recommended temperature settings above. The owners/Management company will make reasonable efforts to correct any technical difficulties which may arise when notified by guests of such difficulties other than those listed above.
SATELLITE TELEVISION – Serenity is equipped with satellite television service; however, we do not guarantee any specific channels, programs or events. We are not responsible for any technical failure or difficulties that may arise from this service, including and especially during bad weather. PAY-PER-VIEW channels are blocked. Do not attempt to block additional channels or activate parental controls as these have a pre-entered owners' code. The owners/Management company will make reasonable efforts to correct any technical difficulties which may arise when notified by guests of such difficulties. Service calls will only be made during local business hours. No refunds will be given for this service in the event it experiences technical difficulties.
WIRELESS DSL LINE – Serenity is equipped with Wireless DSL / Wi-Fi throughout. We are not responsible for any technical failure or difficulties that may arise from this service. This service requires a password for use. The password will be available upon your arrival at Serenity via our Information Book. The owners/Management company will make reasonable efforts to correct any technical difficulties which may arise when notified by guests of such difficulties. Service calls will only be made during local business hours. No refunds will be given for this service in the event it experiences technical difficulties.
PHONE CALLS – The Property is equipped with telephones on each level for local service; however, long distance service is blocked. Outgoing local calls may be made and incoming calls may be received. All out-going long distance calls will require a calling card. The owners/Management company will make reasonable efforts to correct any technical difficulties which may arise when notified by guests of such difficulties. Service calls will only be made during local business hours. No refunds will be given for this service in the event it experiences technical difficulties.
FIREPLACEs – The Fireplaces are operational from September 30th through May 1st only. Do not leave the Fireplace on when not necessary. NEVER leave the Fireplace on when you are not in the cabin.
HOME FURNISHINGS, EQUIPMENT, ETC. – If you require special appliances or equipment, please bring them with you. Moving of any furniture or décor is prohibited. Furniture, bedding, linens, towels, utensils, or any other property belonging to the cabin owners are not to be removed from the premises for ANY reason. Loss of these items, as well as damage to any property or furnishings in excess of normal wear will be charged to you, the Signator. Certain areas in the cabins are locked for personal storage are not included in this rental and entry to these areas are prohibited. Any attempt to gain entry to these secure storage areas will be grounds for termination of this contract and your immediate eviction and forfeiture of all monies paid to the owner/management company without compensation or cost to the owners/management company or caretaker.
REPAIRS/SERVICE CALLS, ETC. – The Owners cannot guarantee against mechanical failure of heating, air conditioning, hot tub, TVs, satellite receivers, DVD’s, VCR’s, gas tanks running out or any other problem with appliances or equipment. Please report any inoperative equipment to us. We will make every reasonable effort to have repairs done quickly and efficiently. We also provide a 'REQUEST FOR MAINTENANCE' form for non-emergency problems. Should a repair-person make a call to Serenity and find that the equipment is in working order and the problem was due to the guest(s) oversight or neglect, the charge for the service will be the responsibility of the guest(s). No refunds or rent reductions will be made due to failure of appliances or equipment. All maintenance requests must be reported to the owners/management company or caretaker before 9 p.m. There will be no refunds given for mechanical or inoperative equipment.
CHECK-OUT PROCEDURES – The following items must be complied with before check-out or Guest(s) shall forfeit his/her security deposit:
- All dishes, pots, pans, silverware and utensils in need of washing must be placed in dishwasher, detergent added and the washer started.
- The range top/oven shall be left in a clean condition.
- The refrigerator should be left clean and free of food that will spoil.
- Windows must be closed and locked.
- Doors must be closed and DEADBOLTS LOCKED on all exterior doors.
- The air conditioner must be returned to 78 degrees during warmer/summer months; in winter months the thermostat should be set at 60 degrees.
- All trash, garbage, debris, etc. must be picked up, bagged and placed in outside receptacles. Trash receptacle lids must be secured. In the event trash, garbage, debris, etc. cannot be secured in the trash receptacles the caretaker should be notified by phone prior to your departure. The caretakers phone number can be obtained from the Serenity Information Book within Serenity.
- The Hot Tub cover must be placed in the down position on the hot tub and the cable locks secured.
- The BBQ grill must be cleaned, gas turned off at the tank and the cover replaced.
- Serenity must be left in neat, reasonably clean condition [same condition it was in when guest(s) arrived].
- Exterior Fireplace ashes must be removed (unless they are still hot).
- Please don't put HOT ashes in the trash as this WILL cause a fire.
- Please don't dump HOT ashes in the yard as they WILL start a forest fire.
- Please dump 'COLD' ashes with no hot embers in the rear of the house against the hillside.
- If you have any doubt as to the condition of the ashes leave them in the fireplace.
Guest Responsibilities
All persons listed on the booking form are responsible for the care of the property and are expected to take reasonable care of it including the locking of all doors & windows whenever the property is unoccupied. At the end of the rental period, utensils, carpets, furnishings, floors, walls, electronic technology, plumbing and fittings must be left clean and tidy. It is the guest's responsibility to notify the management company immediately of any sudden equipment failure so that reasonable action can be taken to rectify the situation. Additionally, it is your responsibility to notify the owners/management company of damage to or loss of utensils, carpets, furnishings, floors, walls, electronic technology, plumbing and fittings. We encourage you to notify us 'before' we notify you.
Serenity Guest Capacity
The maximum number of allowable overnight guests at Serenity is (8) eight. Everyone occupying the property must be listed on the booking form, including small children. This is Georgia state law and must be adhered to. The accommodations cannot be shared or sub-let and only the persons listed on the booking form are permitted to stay in the property. Persons under 25 years of age are prohibited from renting unless accompanied by parents or persons 25 years of age or older. The owners reserve the right to refuse admittance if all terms & conditions of this agreement are not met. Failure to comply with these terms and conditions will render the booking void and no refund of deposit or payment will be made.
Smoking/Pets
We're Sorry - For the safety and comfort of all our guests smoking is strictly prohibited on Serenity property. Violation of this policy will require an extensive house cleaning and will result in the forfeiture of all funds paid to include your cleaning and security deposit.
Furthermore if the owners/caretakers or management company discover evidence of smoking within Serenity you will be asked to leave under the 'Expedited Eviction' policy below and any remaining deposits, cleaning fees or payments made to the owners/caretakers or management company will be forfeited without recourse for a refund.
We’re Sorry - No traditional PETS of any size or type are allowed in Serenity, to include lizards, frogs, snakes or other non-traditional pets.
Camping
No camping is allowed on Serenity property.
Off Road Vehicles
No four wheelers/dirt bikes or ATV's are to be ridden in the Subdivision. Please see our Blue Ridge Information page for locations where off road vehicles may be ridden.
Liability
The owners and the management company of the property accept no responsibility whatsoever for death, personal injury, accidents, loss or damage to persons or personal belongings however caused.
The use of all accommodations and amenities including the Hot Tub is entirely at the user's own risk. Children must be supervised by responsible adults at all times especially when using the Hot Tub. Glass or crockery is not permitted within the hot tub area. The owners/management company cannot accept any liability for any loss of rental time due to travel problems, flight delays or cancellations, industrial disputes or any events outside our control, including any form of Force Majeure or Acts of God/Nature. The owners and the Management Company cannot accept responsibility for the sudden failure of Serenity's equipment but will take immediate reasonable action to rectify any such failure upon notification by the guests. If the Hot Tub heater cannot reach optimum temperature due to adverse cold weather conditions the owners or the management company cannot accept liability.
Animals, Rodents and Reptiles
Enjoy them but PLEASE don't feed, approach or taunt them. The owners and management cannot be held responsible for the actions of animals. Feeding them or otherwise taunting them can be dangerous. Keep your distance and treat them with the respect they are due. Do not engage them in any manner. When walking about the property and surrounding area please use good judgement, watch where you step and be aware of your surroundings. The mountains are full of animals, rodents and reptiles that may bite when frightened i.e. Bear, Mountain Lions, Deer, Hogs, Raccoons, Squirrels, Snakes, etc. The owners/management company accept no responsibility whatsoever and no compensation or any other payment will be made should you be attacked or bitten while on our property.
Insurance
It is a condition of the booking that all members of the Party be covered by travel insurance which carries adequate protection against delays and cancellations, for your luggage and personal belongings and have adequate medical insurance for the United States.
Force Majeure/Acts of God
The owner/management company accepts no responsibility whatsoever and no compensation or any other payment will be made if any cancellation or change to the terms of the booking becomes necessary due to war, threat of war, riots, civil commotion, terrorist activities, industrial disputes, natural and nuclear disasters, fire, flood, adverse weather conditions, building or construction in progress within the community, technical problems with transportation, closure or congestion of airports, alterations or cancellation of schedules by carriers, or any other events beyond our control.
Owner Access
RIGHT OF ENTRY – Signator and Guest(s) agree that the owners/management company, Fannin County Sheriff’s Office Deputies and/or caretaker reserve the right to enter the rental property at anytime after giving reasonable notice of intended entry to occupants to investigate disturbances, check occupancy, check for damages and to make such repairs, alterations or improvements thereto as owners/caretaker may deem appropriate. The owners, their management company, cleaning and maintenance personnel shall be allowed access at any reasonable time during your stay.
RV's, Trailers & Commercial Vehicles
Guest RV's, campers, trailers or commercial vehicles are prohibited from entering the property. Commercial vehicles are allowed when providing commercial services for Serenity.
Parking
The owners do not allow parking or driving on the lawn or grass at any time. Please stay on the paved driveway. Signatory assumes all costs for repair of waste management systems and any other damage to property, foliage or the environment should they violate these terms and conditions and shall forfeit their entire security deposit. Any damage over the balance of the security deposit will result in a charge to your credit/debit card or legal action by our attorney to recover the cost of repairs.
Law
You, the signator and your guest's conduct while on Serenity property are subject to and shall be construed in accordance with the laws of Blue Ridge, Fannin County, Georgia and as such all parties on Serenity property hereby submit to the exclusive jurisdiction of Georgia Courts. The owners, operators and management of Serenity DO NOT permit the following on the property:
- Firearms, air rifles, air pistols, bow & arrows, explosives of any type to include 4th of July fireworks
- Hunting on the property using any type weapon
- Illegal substances to include marijuana or other commonly used/abused substances on the property.
Any use or possession of any items illegally possessed in the State of Georgia will subject you to civil & criminal judicial action including arrest.
No fires are permitted on the property at any time. This excludes the use of the interior and/or exterior fireplaces. DO NOT dump hot ashes or coals in the woods since this will start a Forest fire. Violation of the fire policies will subject parties to civil and criminal penalties and fines by the Georgia Department of Forestry and other authorities. The owner and/or the management company accept no responsibility whatsoever and no compensation or any other payment will be made should you cause a forest fire. You will be held accountable for your actions.
Any violations of any of the laws of Blue Ridge, Fannin County or Georgia will result in your immediate removal from the property and forfeiture of any remaining deposit or payment made without recourse for a refund.
Code of Conduct
Fox Mountain Crossing is a residential community seated deep in the Georgia Mountains. The actions of all members of your party should not interfere with the enjoyment of other vacationers or the residents of Fox Mountain Crossing.
Noise travels great distances in the mountainous terrain. Therefore we ask that you do not play loud music or engage in any activity which may cause inconvenience to your neighbors after 10:30pm or before 7:30am. In the event that any member of your party behaves in a way that is likely to cause distress, danger or annoyance to any other vacationer or resident of Fox Mountain Crossing or damage to any property, the owners or their management company reserve the right to terminate your rental agreement immediately and forthwith. The owners or their management company will not be liable for any costs you will incur, nor shall we pay any compensation, nor make any refunds due to this action.
EXPEDITED EVICTION – A material breach of this agreement by guest(s), which, in the sole determination of the owners/management company and/or caretakers, results in damage to the property, personal injury to guest(s) or others, a breach of the peace, a nuisance to others, or a violation of criminal law or local code, shall be grounds for termination of guest(s) tenancy. Violation of any of the rules contained herein will result in IMMEDIATE EVICTION and forfeiture of rent, cleaning fees and security deposit. If the tenancy created hereunder is for 30 days or less, the expedited eviction procedures set forth in the Cabins Act will apply. Guest(s) may be evicted under such procedures if guest(s); (i) hold over in possession after guest(s) tenancy has expired; (ii) commit a material breach of any provision of this agreement that according to its terms would result in the termination of guest(s) tenancy; (iii) fail to pay rent as required by this agreement, or (iv) have obtained possession of the premises by fraud or misrepresentation. Any reservation made under false pretense will result in forfeiture of advance payments and the party will not be permitted to check-in. Criminal prosecution will be sought by the owners/management company and/or caretakers for instances of fraud, criminal mischief and theft of property in relation to the rental of Serenity.
INDEMNIFICATION AND HOLD HARMLESS – Guest(s) agree to indemnify and hold harmless the owners/management company and caretaker for all or any liabilities, theft, damages, cost or expense whatsoever arising from or related to any claim or litigation which may arise out of or in connection with guest(s) use and occupancy of the rental property including but not limited to any claim or liability for personal injury or damage or theft of property which is made, incurred or sustained by guest(s). The terms 'owners' or 'caretakers' as used in this agreement shall include their heirs, successors in interest, assigns, employees, agents, and representatives where the context requires or permits. The terms 'guest(s)', 'you', and 'your' as used in this agreement shall include guest(s) heirs, successors, assigns, guests, invitees, representatives and other persons on the rental property during guest(s) occupancy (without regard to whether such persons have authority under this agreement to be upon the rental property), where the context requires or permits.
DISPUTES – This Agreement shall be governed by and interpreted in accordance with the laws of the State of Georgia, and shall be treated as though it were executed in the County of Fannin, State of Georgia. Any action relating to this Agreement shall be instituted and prosecuted only in the Fannin County Superior Court, Georgia or Federal Courts of these United States of America. Guest(s) specifically consent to such jurisdiction and to extraterritorial service of process.
Non Compliance with the Terms and Conditions
Non-compliance with our Terms and Conditions will automatically void your rental agreement and you will be asked to leave immediately. The owners or their management company reserve the right to terminate your rental agreement immediately and forthwith. The owners or their management company will not be liable for any costs you will incur, nor shall we pay any compensation, nor make any refunds due to this action.