Terms & Conditions

Yonder, Inc. – Vacation 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. 

Please take a moment to read this Vacation Rental Agreement (hereinafter “Agreement”) carefully before you begin your Vacation as it contains important terms and conditions of your occupancy by which you are bound upon signing the Agreement and/or making payments to secure your reservation.  Because all terms and conditions of this Agreement are strictly enforced, you should familiarize yourself with them before your arrival.   

PLEASE SIGN ALL SIGNATURE FIELDS IN THE RENTAL AGREEMENT BELOW  

1. Property. You, The Guest, hereby agree to rent the following premises (hereinafter “the Property”) for the Rental Period upon the terms and conditions of this Agreement: 

2. Vacation Rental Fees.  You agree to pay the total amount of Vacation Rental Fees, as set forth in the Invoice incorporated into this Agreement below. 

3. Payments. The amount due at booking your reservation depends on when you make the reservation relative to the Check-in date.  If you make the reservation more than thirty (30) days in advance of your Check-in date, you are required only to pay one-half of the total fees at the time of booking with the remaining balance due fourteen (14) days before Check-in. If, for any reason, the remainder of the fees is not paid on the due date, we reserve the right to cancel your reservation and to try to re-book the property.  If we successfully re-book it, we will refund whatever funds we were able to recoup, albeit prorated over the same number of nights you had reserved, up to a full refund of your initial payment.  If we are unable to re-book, however, you forfeit the initial payment in its entirety. 

For reservations made fourteen (14) days or fewer from the anticipated Check-in date, payment in full is required.   

Payment may be by e-check or credit card ‒ we accept four major credit cards.  In either case, you may submit only one e-check or credit card per payment ‒ we do not have the ability to split payments among groups. 

A security deposit is NOT charged prior to your arrival date.  Instead, Yonder retains your credit card information for forty-five (45) days solely to ensure it receives payment for any damages, fines and extraneous charges (e.g., pay-per-view movies) occasioned by your stay at the Property.  Unless other arrangements are made, this card will also be used in the event you have left any items in the home and wish to have them returned to you.   

Your reservation total reflects local tax rates current at the time of the booking*; any changes to those rates by the time of Check-out will be reflected in the final invoice. 

Should you find it necessary to cancel your reservation, your entitlement to all or a portion of the rental fee depends on the timing of your cancellation in relation to the Check-in date as follows in the cancel policy.  

4. Travel Insurance. Yonder strongly advises you to obtain travel insurance to protect your vacation investment against the financial consequences of unforeseen circumstances that may compel you to cancel or alter your trip.  If you booked your reservation direct with Yonder, we have contracted with Red Sky Travel Insurance (1-866-889-7409) to offer you trip cancellation insurance in exchange for payment of a Travel Insurance Premium. 

If you elect this insurance, the policy is issued at the same time you book your vacation.  Be advised you do not have coverage in force until both your entire advance rental payment and Travel Insurance Premium are paid in full. The last opportunity to purchase travel insurance through Red Sky Travel is 30 days prior to check in.Note that the Premium you pay for the policy is non-refundable after it is in force for fourteen (14) days even if the reservation is cancelled.  Travel insurance is non-transferrable.Coverage issues are determined exclusively by Red Sky; Yonder has no role in that determination. 

The policy provides coverage for the loss of prepaid, non-refundable expenses due to certain unforeseeable circumstances that may jeopardize your vacation investment and force you to incur unplanned expenses. Trip Cancellation and Trip Interruption coverage is available for events such as a sickness or injury of yourself, family member or traveling companion; flight delays due to adverse weather; interruptions of road service; terrorist acts; mandatory evacuations or a lack of snow at the ski resort you are visiting. The plan also includes other valuable in-trip coverages such as Medical and Dental, Sporting Equipment, Baggage, and Emergency Assistance and Transportation in addition to 24/7/365 emergency assistance. 

Additional terms and conditions apply; please read your Description of Coverage/Policy carefully. You may also call our office if you have any questions, or visit Red Sky Travel Insurance at www.trippreserver.com. 

If you decline travel insurance, you are accepting full responsibility for the loss of your Vacation Rental Fee in case of any unforeseen circumstances including, but not limited to, mandatory evacuations and travel restrictions (as described in paragraph 25). 

If you booked through any outside travel agency, including, but not limited to AirBnB, VRBO, Marriott, Booking.com, etc., refer to the travel policy offered at the time of booking.   

5. Handling of Your Funds. Yonder retains Vacation Rental Fee payments in a Trust Account that is subject to regulation under the North Carolina Vacation Rental Act (“NCVRA”) as well as regulations promulgated by the North Carolina Real Estate Commission. 

The Vacation Rental Fees are held in our Trust Account until your Check-out date or cancellation. ALL FUNDS ARE HELD IN AN INTEREST-BEARING TRUST ACCOUNT AT PNC BANK; 8 O’HENRY AVE; ASHEVILLE, NC 28801, a federally-insured deposit institution, with the interest thereon payable to Yonder to cover the expense of maintaining the Trust Account. 

6. Cancellations/Changes.  

Yonder Cancel Policy: 

Phase 1: Cancellations that are made more than thirty-one (31) days prior to the arrival date will be eligible for a full refund, less the Travel Insurance Premium (if purchased). 

Phase 2: Cancellations or changes that result in a shortened stay, that are made within fourteen (14) to thirty-one (31) days of the arrival date, forfeit the initial payment. 

Phase 3: Cancellations or changes that result in a shortened stay, made within fourteen (14) days of the arrival date will forfeit all payments, except cleaning fees and applicable taxes. Early departure does not warrant a refund of rent*. 

The foregoing provisions notwithstanding, pre-paid early check-in/late check-out fees become nonrefundable if the request to cancel the early Check-in/late check-out is made within fourteen (14) days of the Check-in date. 

Early departure does not warrant a refund of rent. 

Email constitutes effective written notice of your cancellation/change and is governed by the timestamp of the email receipt. 

As described in paragraph 4, we strongly recommend adding travel insurance to protect your investment from unforeseen circumstances from sudden illness to inclement weather. 

If you booked through any outside travel agency, including, but not limited to AirBnB, VRBO, Marriott, Booking.com, etc., the cancellation policy listed at the time of booking will apply. 

Your booking ‒ and this Agreement ‒ pertains solely to this specific Property.  If a member of your party has particular needs ‒ such as allergies or a medical condition ‒ for which this Property is ill-suited, Yonder will attempt to answer and address those concerns (preferably ahead of booking the Property), but such particular needs do not serve as a basis to seek a refund in the event you elect to vacate the property. In addition, and except as provided in paragraph 24, if you are disappointed with the Property upon arrival due to such things as location, décor, road or driveway condition, or ambient noise beyond our control, your disappointment does not serve as grounds for moving to another property or seeking a refund of your vacation rental fees ‒ even if you decide to vacate the Property prior to your scheduled Check-out.   

7. Damage. You are financially responsible for any and all damages occurring to the Property during your stay, whether the damage is inflicted by members of your party or a third party whom you have invited to the Property.  This includes damages to the furnishings and household items that result from the action or inaction of guests or their invitees, excluding normal wear and tear. There is no limit to the potential financial responsibility for such damages. 

For your own protection, you should inspect the Property upon your arrival, and notify us immediately if you notice any damages or conditions requiring repair or maintenance. 

Within forty-five (45) days of your departure, Yonder inspects the property for damages, including those that may arise from any permitted Special Events (described below).  Additional charges may appear on your statement if you: 

a.  Damage the residence, its contents, or its environs, ordinary wear and tear excepted; 

b.  Violate Yonder policies and procedures generally and “house rules” in particular; 

c.  Fail to place debris and rubbish in waste baskets, or clean soiled dishes; 

d.  Lose keys or leave the residence unlocked upon departure; 

e.  Fail to pay charges that have accrued during the stay (e.g., pay-per-view movies); 

f.   Lose or damage linens; 

g.  Check-in early or check-out late without prior permission; 

h.  Are evicted in the course of your stay;  

i.   Remove items from the Property;  

j.   Rearrange furniture; or 

k.  Use an excessive amount of propane gas (the Tank is checked before and after each stay). 

You will be notified in writing if Yonder intends to assess damages or fines, and you agree that Yonder may charge the credit card on file for this stay within ten (10) days of such notification unless you make other payment arrangements within that time.  Yonder and/or the owner of the Property otherwise reserve the right to seek further legal action if the damage sustained exceeds the limit available on your credit card. Guest further agrees to reimburse Yonder and/or the owner for any collection costs and reasonable attorney fees that Yonder or the owner incurs in seeking the reimbursement of damages. 

8. Minimum Age. All signatories to this Agreement and/or guarantors must be at least twenty-five (25) years of age. 

9. False Information. Any reservation obtained under false pretense will be subject to forfeiture of all payments made and the party will not be permitted to Check-in. 

10. Additional Sleeping Arrangements. Yonder provides all bedding and linens for each bed in the home (i.e., for every person that the house “sleeps in beds”).  Additional guests may be possible based on the “maximum occupancy” listed for this Property, as described in the paragraph 11. 

11. Maximum Occupancy. 

If you would like to host additional guests ‒ up to the maximum occupancy for this home ‒ please reach out to Yonder for more information. If additional guests are permitted, additional fees and protocols will need to be reviewed with you.  For any such guests, you are more than welcome to bring blow-up mattresses (if desired) and will also need to bring your own sheets, blankets, pillows, towels, and washcloths. 

If you exceed the maximum occupancy at any point during your stay, a penalty in an amount of $500 will be charged to the credit card on file for each person above the maximum number. 

12. Special Events. Special events are/are not permitted at this property.  If permitted and applicable to your stay by prior arrangement with Yonder, a separate Special Event Agreement with associated fees, terms and conditions will be provided.  Absent prior agreement with Yonder, hosting of events for which tickets are sold and/or attendees are charged, such as a concert, are not permitted and will result in Expedited Eviction Proceedings under North Carolina law and/or the imposition of penalty fees. 

13. Check-in/Check-out Times. Guests may Check-in at 04:00 PM EST and must check-out by 10:00 AM EST on the day of departure. No early Check-in or late check-out is permitted without Yonder’s prior approval. Yonder reserves the right to charge a late Check-out fee of $50 per 30-minute interval past the Check-out time. Please inquire if you would like to request an early Check-in or late Check-out. 

14. Directions/Access Code Information. At the time of booking, Yonder will provide you with detailed directions to the Property together with information on how to gain access to the home itself.  This information will also be available via the Happy Stay Guest Portal as well as in the Check-in instructions.  You will receive access codes to the property 24 hours prior to your expected Check-in.    

Be advised that internet mapping devices and navigation systems are not reliable in the mountains of Western North Carolina.  You should print or screenshot directions in their entirety to use as a reference when driving to the Property. 

It is your responsibility to ensure that you have the necessary directions prior to your arrival and Yonder may not be held responsible, nor refunds given, in the event you neglect to bring the directions or cannot otherwise locate the Property. 

15. Smoking. This is a NON-SMOKING rental. Smoking inside of the home will result in a $500 fine. 

16. Ash Disposal. If you use a fireplace or fire pit on the Property, please take great care to dispose of ashes only when they are cool and place them in a designated receptacle or area.  The proper site should be listed in your Welcome Book but, if you do not find it, please call our Guest Experience Team for assistance 

17. Pets. Based on property.  

If allowed, the Pet Policy Addendum is applicable to this Agreement and should be reviewed for associated fees and terms and conditions.  An actual pet stay is only permitted if you, the Guest, notify us in advance of your Check-in that you intend to bring the pet(s); we approve the pet stay; and you pay the applicable fees. 

If you do not obtain our prior approval, or if pets are not otherwise permitted at the Property, and we find evidence that a pet has been at the Property, we will charge you the applicable pet fee together with a penalty fee of up to $500 for the violation; require immediate removal of the pet(s); and/or evict your party from the Property with the forfeiture of all rental payments.  You are also financially responsible for any damage caused by the pet(s). 

Renters Signature: {} 

18. Shipping. Guests are permitted to have items delivered to the Property during their stay, provided that you schedule the shipment to arrive after you Check-in and before your Check-out.  In no event is Yonder or the owner responsible for lost, stolen, delayed or damaged packages.  Moreover, with approximately 250 homes in our WNC portfolio, we are not in a position to accept, retrieve or locate packages that have failed to arrive in the course of your stay.  

We advise you not to ship to homes located in a gated community.  Deliveries may be made to the main gate with the packages being left in a locked area restricted to owner-only access.  Under such circumstances, we recommend arranging to pick up your package at the delivery company’s location.    

All of that said, if a package happens to arrive at the home following your stay while cleaners are present, we will be happy to ship it back to you. The fee for this service is $45.00 plus the actual cost of shipping. We use the card on file for this charge unless other payment arrangements are made. Once the cleaning is completed, we will not be able to go out to a home to check on your delivery. 

19. Lost/Left Behind Items. Yonder is not liable for items that are lost, stolen or left behind during your stay.  If anyone in your group leaves an item behind, and notifies us of the loss, we are happy to facilitate its return to you.  The fee for this service, other than when a firearm is involved (see below), is $45.00, together with actual shipping charges. Unless other payment arrangements are made, we will use the credit card on file for this service fee. We reserve the right to dispose of any unclaimed items after thirty (30) days. 

20. Clean Guarantee.  Yonder rental properties are professionally cleaned before the Guest arrives and after the Guest leaves. Upon arrival, you should inspect the Property and notify Yonder immediately if the Property is not in a suitable condition.  We will assume the condition of the Property meets or exceeds your expectations if we do not hear from you within ninety (90) minutes of your arrival. If you check in after 7:00 p.m., you should report cleanliness issues by 10:00 a.m. the following morning by calling the Guest Experience Team at (888) 699-2987. Upon notice of a problem, Yonder will then strive to address your concerns as soon as practicable and otherwise fulfill its obligations under the attached “Clean Guarantee,” the terms and conditions of which are incorporated as if fully set out herein. No refunds will be made solely on the basis of cleanliness issues. 

21. Insects and other creatures. Our homes are cleaned and disinfected to the highest degree and we strive, to the extent possible, to keep our homes free of insects and other pests.  That effort notwithstanding, both ladybugs (or more correctly, “Japanese Beetles”) and “Stinkbugs” are now an inescapable and naturally-occurring phenomenon in our state, and will occasionally appear inside of the homes.  Although these insects are completely harmless, and while our cleaning crew removes them (if present) prior to each stay, unfortunately, neither of these species can be exterminated. 

Additionally, ants occasionally and unpredictably migrate into homes in search of water. There is no cause for alarm; just let us know and we can address the situation.  Other common NC insects you might encounter include wasps and bees. Vacuums are provided for your use during your stay if you find the presence of these insects uncomfortable. 

Mice, bats and other “varmints” are a fact of mountain life and, on rare occasions, may find their way into our homes.  Although Yonder and its owners are proactive in taking measures to avoid such intrusions, no system is perfect. If one of these unanticipated guests arrive during your stay, please notify Yonder and we will take appropriate steps to rectify the situation. 

The appearance in the home of these insect and creatures has nothing to do with the home’s “cleanliness” and, accordingly, neither Yonder nor the owners may be held responsible ‒ nor any refunds given ‒ if they appear during your stay. 

22. Mold Mildew. Mold and mildew are as old as any recorded/identified living organism.  Both feed on moisture, so bathrooms, showers, laundry rooms, kitchens and other areas are where mold can incubate and grow.  Moreover, both South Carolina and parts of North Carolina are considered “incubator” states, meaning these locales provide one of the most conducive environments for mold to grow and prosper if not properly addressed. Despite being properly addressed by Yonder’s cleaners, mold can and may appear during your stay ‒ its presence does not imply a “dirty,” unclean, or non-disinfected property, nor is it likely to be toxic.  If it does appear during your stay, please contact us and we will take care of it as soon as practical.  The mere presence of harmless mold/mildew does not serve as grounds for a refund of your vacation rental fee. 

23. Extended Stays. Stays extending more than ten (10) days require interim trash pick-ups (at 10-day intervals), the charge for which ‒ currently $35.00 per pickup ‒ will be calculated at the time the reservation is booked.  Stays exceeding thirty (30) days will require monthly inspections and housekeeping, the charge for which will calculated at the time the reservation is booked. 

24. Maintenance Issues.  Yonder and the owner of the home are required to deliver the Property to you in a fit and habitable condition. With the notable exception of “Mandatory Evacuations/Travel Restrictions,” as discussed in paragraph 25, if the home is not in a fit and habitable condition at the time you are to begin occupying the property, and the faulty condition cannot be remedied within a commercially-reasonable timeframe, then, at its election, Yonder will either substitute a reasonably-comparable property or refund your payments. 

 And although Yonder spends a great deal of time and effort ensuring the integrity and upkeep of all the systems in our homes, sometimes “things break.”  If that happens during your stay, and you both provide notice of the problem and allow our service team to come upon the Property, Yonder will strive to correct the situation in a commercially-reasonable manner and/or make your stay as comfortable as possible under the circumstances. That said, neither Yonder nor the owner may be held responsible for, nor is a refund warranted because of, any breakdown of non-essential items by which we mean, for illustrative purposes, amenities such as internet service, entertainment systems, pools and hot tubs.  Similarly, problems with essential items ‒ water/septic/electricity and the like ‒ do not warrant a refund provided that Yonder is actively engaged in correcting the problem and the problem itself is only temporary.  Bear in mind that the speed of service cannot be guaranteed given the remote location of many of our homes. 

 Finally, while Yonder strives to leave you to enjoy your stay undisturbed, on occasion service providers may be scheduled to conduct maintenance (e.g., hot tub, pool service, meter readers, etc.) or repairs at the Property in the course of your stay.  We will provide you with advance notice of any such services to minimize the inconvenience to you. If you decline a service call for any reason, you will be required to pay for any trip charge assessed by the service provider. 

25. Mandatory Evacuations/Travel Restrictions. If state or local authorities order a mandatory evacuation of, or impose restrictions on travel into, an area that includes this home, you must comply with the order whether or not you are already in possession of the property.  Under either circumstance, you are not entitled to a refund either from Yonder or the Owner.  This is because you have been offered trip insurance that, if purchased, would compensate you for losses or damages resulting from loss of use of the property due to a mandatory evacuation order or travel restriction.  Of course, if you have purchased the trip insurance, you can submit your claims directly to Red Sky Travel Insurance. 

26. Initial Supplies. This Property is stocked with an initial supply of a variety of items and amenities including, but not necessarily limited to:  linens and towel set (per guest), dishwasher detergent, dishwashing soap, sponge (or dish cloth), laundry detergent, shower gel, soap per sink, paper towels, toilet paper, garbage bags, and recycling bags. You are responsible for any additional supplies of this nature that need to be replenished for your use during your stay. All properties provide standard-equipped kitchens or kitchenettes, including coffee makers and cooking utensils. Locked pantries and closets are reserved for the use of the owner and are not accessible to Guests. 

27. Inclement Weather. Inclement Weather. North Carolina mountain roads are often steep and/or curvy, and access to some of Yonder’s rental properties may require driving on gravel roads or driveways that can be especially difficult to traverse as they become icy in inclement weather.  We therefore generally recommend that you arrive at the Property during daylight hours at Check-in, and to adhere to any recommendation or express requirement to use a four-wheel-drive or all-wheel-drive vehicle to access the Property. 

In the event of inclement weather, Yonder will strive to ensure the home is accessible for your stay; however, no refunds are given for storms or other “natural events” or “natural disasters” (e.g., blizzards or hurricanes) provided the home itself remains fit and habitable.  Nor do we issue refunds due to road conditions or other effects from storms or other events. Again, we strongly recommend you purchase travel insurance to avoid an unnecessary loss of your vacation investment. 

28. Expedited Eviction. As stated above, this Agreement is subject to the NC Vacation Rental Act, N.C. Gen. Stat. § 42A-1 et seq.  One provision of the Act (§ 42A-24) authorizes expedited evictions under certain circumstances. You are welcome to contact us with any questions or you may wish to review the Act itself. For purposes of that Act, you are a “tenant.” 

29. Liability Waivers. This home does/does not include various features and amenities for which we require liability waivers. These items typically include pools, hot tubs, lakes, playgrounds, trampolines, docks, fragile furnishings, bunk beds, loft ladders, natural areas, wildlife areas, and general outdoor areas where caution should be exercised at all times. Any of the applicable waivers are included for your review and signature. 

30. Residential Area. This home is/is not located within a subdivision governed by restrictive covenants and related rules and regulations.  If it is, you are required to abide by the subdivision’s governing documents and these are included for your review.  If the specific community itself requires you to fill out and sign additional forms upon booking, these forms are also included for your review and signature.  In addition, please be respectful of the residents, drive slowly, be polite and courteous, and keep noise to a minimum.  Unacceptable behavior may result in immediate eviction.  Please see the Residential Area Addendum for more information. 

31. Firearms. Guns are permitted but must be stored responsibly at all times. Use of firearms or any incendiary or explosive device is expressly prohibited on the Property, and any violation of this may result in the imposition of fines up to $500.00, and immediate eviction from the premises, with full forfeiture of any remaining nights and NO refunds. Any discharge of a firearm may additionally involve the local police and the institution of civil and/or criminal proceedings.  If you leave your firearm on the Property, and cannot retrieve it yourself, the fee to return it is $100.00 together with actual shipping charges.  Be advised that the shipment must originate from, and terminate at, a licensed gun store. 

32. Security Cameras. Some owners in Yonder’s vacation rental portfolio have installed video-only cameras around the exterior of their properties for purposes of security and monitoring vacation rental compliance. The video will not be used for personal use or marketing. 

33. Outside Vendors. If you intend to bring any outside vendors onto the property during your stay (e.g., photographer, chef), you must first obtain permission from Yonder.  For liability purposes, Yonder will require a Certificate of Insurance from any such vendor, and you may incur additional charges related to the vendor’s presence on the property. 

34. Parking. Determined per property,  

35. Inspection. Yonder reserves the right, upon reasonable notice under the given circumstances, to inspect and audit the Property during your stay (and Special Event, if applicable) to ensure your compliance with the terms of this Agreement, or to investigate issues that may arise. Your failure to cooperate in such an inspection may result in additional fees as well as your forfeiture of any right on your part to seek a partial or complete refund, monetary compensation, or both. 

36. Rental Rate Confirmation. Due to rare technical issues, quoted online rental rates do not become final until Yonder approves them. 

37. Accuracy of Listing. Yonder makes every effort to provide accurate information about the Property including, but not limited to, the information presented on the given website, and the information presented on this Property is believed to be both accurate and timely.  That said, the accuracy of that information is not guaranteed and Yonder may not be held responsible, nor any refunds given, for unintentional misrepresentations, or incidental changes the owner of the Property may make to such things as the décor, bedding and furnishings.  Nor shall Yonder be liable for unintentional errors, omissions, or changes in the advertisement of bedrooms and occupancy. 

38. Addendums. The Addendums that are applicable to this Vacation Rental are:

  • Pet Policy Addendum  
  • Liability Waiver  
  • Residential Area Addendum 

39. Change of Property Manager. Yonder represents the home on the owner’s behalf pursuant to a separate property management agreement between Yonder and the owner.  That agreement is subject to change and/or cancellation at any time. If that change/cancellation occurs, both you and the owner remain legally obligated to honor the terms and conditions of this agreement.  In other words, a change in management does not nullify any terms of this Agreement. 

40. Change of Ownership.  Owners may sell their vacation home at any time, albeit they must do so in compliance with the NCVRA.  That means that the owner conveys the property subject to this Agreement, and the new owner is legally obligated to honor any reservations that are set to occur within 180 days of the sale of the home.  Likewise, the cancellation policy and all other terms of this Agreement are still in place.  In other words, a change in ownership does not nullify any terms of this Agreement unless the Check-in date is scheduled to occur more than 180 days following the conveyance of the property, in which case the new owner may elect to terminate the Agreement. 

41. Dispute Resolution. Although we work very hard to ensure a mutually-satisfying property management relationship, sometimes disputes do arise.  In the event such a dispute arises that cannot be resolved by the parties’ own efforts, the parties hereto agree to submit their dispute to formal mediation prior to filing a legal action, which mediation shall be held with in Buncombe County, North Carolina. If mediation is unsuccessful and and legal action is filed, the dispute shall be governed by the laws of the State of North Carolina, and venue shall lie within the courts located in Buncombe County.  The prevailing party in any such legal action shall be entitled to reimbursement of that party’s reasonable attorneys’ fees and costs. The parties hereto acknowledge that the Owner of the Property is an express third-party beneficiary of this Agreement and may bring an action against Guest in Owner’s own right, separate and apart from Yonder, for any claims for relief arising under this Agreement. 

42. Entire Agreement. The foregoing terms and conditions, together with the applicable addendums, constitute the entire agreement between you and the owner of this property.  Any variance from these terms and conditions must be agreed upon prior to Check-in and reduced to writing to be effective. 

  

Acceptance 

YOUR SIGNATURE ON THIS AGREEMENT, 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. 

You are well advised to read the entire Agreement carefully prior to signing it as it serves as the complete understanding between you and us.  Call us with any questions or concerns you may have regarding the Agreement as you will be bound by its terms and conditions once you do sign it. 

You must electronically sign this Agreement within forty-eight (48) hours of booking the reservation to secure the Property.  If Yonder does not receive your signed Agreement within that timeframe, your reservation will expire and the Property will be made available for booking by another Guest for those dates. The expiration of the Agreement notwithstanding, you remain bound by the cancellation policy in terms of the amount of refund, if any, for which you are eligible at the time the Agreement expires. 

Airbnb

When booking via Airbnb, your agreeing to the House Rules creates a binding contract. Nevertheless, North Carolina law still requires you to sign Yonder’s Rental Agreement digitally after booking to secure the reservation. 

If you prefer to submit a written signature, please contact us to discuss how that can be accomplished in a timely manner.  

*If you booked with Airbnb, Marriott or Booking.com,  the financial details are reflective only of the funds that are passed along to us and do not include all of the taxes or processing fees paid to Airbnb,  Marriott or Booking.com. 

I have read the foregoing Vacation Rental Agreement, including applicable Addendums, and agree to be bound by the terms and conditions stated therein.  I hereby authorize my credit card to be charged for the total as presented above. 

Thank you for choosing a property. We will be sending you more information regarding the property as we approach your check-in date. Please do not hesitate to call us if you have any questions. 

  

Pet Policy Addendum 

The following Pet Policy has been put in place for our guests’ safety, hygiene, and well-being; it is strictly enforced.  Our goal is to provide a very luxurious, safe, and highly enjoyable experience for all of our guests.  We therefore appreciate your cooperation and assistance. 

All pets must also comply with the following specifications: 

a)    Must be at least one (1) year of age or older. 

b)    Must be spayed or neutered. 

c)     Must be up to date on rabies vaccinations and all other vaccinations.  

Heartworm prevention, though voluntary, is highly recommended. 

Documentation of the foregoing from an accredited veterinarian must be provided by Guest upon Yonder’s request. 

Up to two dogs (only), each being at least one (1) year old, are permitted. 

The Pet Fee is $125.00 (2 dog maximum.) Legacy Lodge requires $250 pet fee (2 dog maximum.) 

Guest is responsible for cleaning up all pet refuse during the stay. 

Pets are not allowed on furniture at any time.  Any evidence of pets on furniture may incur additional cleaning fees. 

All pets are to be treated with a topical flea & tick repellent three (3) days prior to arrival.  Fleas and ticks are rampant in this area and can cause harmful or fatal illness to both humans and pets. 

If a pet damages the furniture or premises, the cost of repair/replacement will be applied to the credit card associated with Guest. 

Guest shall prevent pets from making excessive noise at a level that disturbs surrounding homeowners. 

Guests shall not leave their pets unattended for any undue length of time, whether indoors or out.  Guests shall keep their pets on a lead when outdoors. 

Neither Yonder nor the owner of the Property assume any responsibility for illness or injury that may occur to either pets or humans during the stay. 

A violation of any provision in this policy will entail a penalty in an amount not less than $500.00. 

Liability Waiver Addendum 

By signing below, you specifically acknowledge your awareness that the Property may have certain amenities available for use by guests, in season, and that: 

using such amenities entails risk of bodily injury; 

using these amenities and surrounding areas you are knowingly and voluntarily assuming the risk of such bodily injury; 

you agree to comply with any posted rules or regulations; and 

you accept full responsibility and liability for any injury that may arise in the course of using the amenities and surrounding areas in exchange for the opportunity to use them. 

Further, when the given amenities are not “in season,” you are responsible for safety and avoidance of those areas by everyone who is staying with, or otherwise visiting, you in the course of your stay. 

If children are present in the course of your stay, then you agree to accept full responsibility for their safety. This includes use of, and access to, these areas. There are NO lifeguards on duty, and guests are solely responsible for supervising children and others at all times. 

Specifically, these amenities may include the following: 

  • Pool 
  • Hot Tub 
  • Playground 
  • Lakes, Rivers or Ponds 
  • Bunk Beds 
  • Acreage for hiking and exploring 
  • Golf Cart 
  • Loft Ladders 

The Owner and Yonder accept no responsibility for anyone’s safety, or liability for misuse of, or accidents associated with, these amenities. 

You agree to hold Owner and Yonder harmless, and to indemnify Owner and Yonder for any injuries sustained by anyone associated with your stay. 

By signing below, I/we acknowledge our careful reading of this Liability Waiver, understand that I/we are giving up substantial legal rights, and hereby accept to be bound by this Waiver. 

  

Residential Area Addendum 

Your experience as a guest is our top priority and, in concert with that priority, we take our 

relationship with the neighbors and homeowners very seriously in those situations where the vacation home is in a residential area closely situated to other homes. 

Just as we ask you to respect the Property itself during your stay, we also request that you respect your neighbors’ privacy and tranquility by observing the following rules: 

1. Do not congregate out of doors on the property ‒ including front porch, yard, driveway, or in the open garage ‒ after 11:00 PM on weekend evenings (Friday, Saturday and before federal holidays) or after 10:00 PM on weeknights (Sunday through Thursday, aside from federal holidays). 

2. Park all vehicles in the driveway and not on the street. The street is privately owned and maintained by the Homeowner’s Association, and may only be used for access to and from the property. 

3. Do not exceed the maximum occupancy in the home at any time.  No third parties (people not staying at the property as guests) are allowed without express written permission. 

4. Do not wander around or explore the neighborhood or the woods unless it is clearly common area in the community.  Property lines are frequently not clearly delineated and trespassing onto neighbors’ yards is not permitted. 

5. Be considerate of your neighbors by maintaining the volume at which music is played at reasonable levels at all hours, and especially when playing it out of doors. 

6. Maintain general courtesy for neighbors as you interact with them. 

In an effort to ensure that you have a great time while observing the foregoing rules, Yonder typically establishes a complaint protocol for the neighborhood and, if a complaint is made to Yonder, we will notify you immediately so as to alleviate the perceived problem.  Be aware, however, that the neighbors always have the right to involve the authorities if they deem it necessary.  Reports of excessive noise may be considered a breach of this Agreement and subject you to expedited eviction proceedings.    

Thank you for your understanding and cooperation! 

100% YONDER CLEAN GUARANTEE   

At Yonder Luxury Vacation Rentals, your experience as a guest is our top priority. We work hard to ensure that your stay is comfortable and relaxing, and we are confident you’ll notice! We have a high level of cleaning standards and in order to show you we stand behind these standards, we have developed the 100% Yonder Clean Guarantee.   

Clean, well-maintained properties ready by 4:00 PM every time.   

If your vacation home is not ready for your arrival by 4:00 PM, we will buy you dinner* If you come into one of our homes and it has not been cleaned and maintained to our housekeeping standards we will quickly fix the issues. If we are unable to return the property to our standards in a timely manner, we will refund your cleaning fee.                   

*Please present the restaurant receipt and we will reimburse you up to an amount correlated with the size of your vacation home.”