LICENSE AGREEMENT
Please take a moment to read this License 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 is strictly enforced, you should familiarize yourself with them before your arrival.
Property: ____________________________________________
Usage Period: ________________________________________
2. Fees. You agree to pay the total amount of $________________________ (which may or may not include any additional third-party fees and taxes; Airbnb, VRBO, Booking.com) for the period set forth above.
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 of your Check-in date, you are required only to pay one-half of the fee. (Booking through Airbnb may be charged 100% at the time of booking.) For reservations made thirty (30) days or less from the anticipated Check-in date, payment in full is required. Payment may be made by all four major credit cards.
A security deposit is NOT charged prior to your arrival. Instead, Arras Management retains your credit card information solely to ensure it receives payment for any damages or fines occasioned by your stay at the Property. If payment is completed on a third-party site, additional funds will be requested through said third party website.
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.
If you booked through Airbnb, all taxes are being collected automatically by Airbnb and remitted on our behalf; therefore, they are not included in your total.
4. Cancellations. Should you find it necessary to cancel your reservation, your entitlement to all or a portion of the fee depends on the timing of your cancellation in relation to the Check-in date as follows:
Cancellations:
>14 Days: Cancellations that are made more than fourteen (14) days of the Check-in date are eligible for a full refund.
14-7 Days: Cancellations that are made between fourteen (14) and seven (7) days ahead of the Check-in date, are eligible for a fifty (50) percent refund.
<7 Days: Cancellations that are made seven (7) days ahead of the Check-in date forfeit all payments, including taxes, and fees, with the exceptions – in the case of a full cancellation – of cleaning fees.
Early departure does not warrant a refund of stay.
If you booked through AirBnB, VRBO or Google, the cancellation policy listed at the time of booking will apply.
5. Damage. You are financially responsible for 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:
- Damage the residence, its contents, or its environs, ordinary wear, and tear expected;
- Violate Arras Management policies and procedures generally and “house rules” in particular;
- Fail to place debris, rubbish in waste baskets, and remove trash from the property;
- Lose keys or leave the residence unlocked upon departure;
- Lose or damage linens;
- Check-in early or Check-out late without prior permission; or
- You are evicted during your stay.
If you booked through a third-party site, funds will be requested through said third party website. Failure to accept additional requested monies, a case with third party website will be opened.
6. Minimum Age. All signatories to this Agreement and/or guarantors must be at least twenty-five (25) years of age.
7. 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.
8. Arrival and Departure. Guest may Check-in at 4:00 PM EST and must check out by 10:00 AM EST on the departure. No early Check-In or late Check-out is permitted without Arras Management’s prior approval. Arras Management reserves the right to charge an early check-in or late check-out fee of $75 per 30-minute interval before check-in or past the check-out time. Please inquire if you would like to request an early Check-in or late Check-out.
9. Check-out Procedures.
- Check-out time is 10:00 AM, please refer to paragraph 8 for additional fees that apply to late check-outs;
- Dispose of any perishable items in the kitchen or refrigerator;
- Remove all trash from the residence, the trash chute is located between condominium units 1008 and 1009;
- Please place glass bottles in the receptacle located in the elevator lobby;
- Place dirty dishes in the dishwasher and run the dishwasher;
- Return keys to the lockbox, *fee of $20 for lost keys; and
- Notify management of any maintenance issues or broken items.
11. Parking. Valet parking is included for one (1) vehicle in the booking. The valet deck is accessible off Patton Ave. Arras Management can include additional vehicles to the rental for an additional $32/night, please let management know in advance to set this up for you. Valet parking offers electric car charging, please inform the valet company upon arrival of the need to charge your vehicle. Additional cost to use the charging station does apply.
12. Smoking. This is a NON-SMOKING rental. Smoking inside results in a $500 fine.
13. Pets. If the Property you are renting allows pets and you in fact bring your pet, an additional fee of $150.00 will apply, maximum of 2 pets. The pet fee does not apply to service animals. Cats need to be requested a head of time. Please see the Pet Policy Addendum for more information.
14. Shipping. Guest are permitted to have items delivered to the Property during their stay, if you schedule the shipment to arrive after you Check-in and before you Check-out. In no event is Arras Management or the Owner responsible for lost, stolen, delayed or damaged packages. Moreover, with Arras Building being a multi-use building with hotel rooms, short term rentals and residences, we STRONGLY suggest using this address format: {Guest Name} (Guest C/O {date of checkout}, 7 Patton Ave, Suite 317, Asheville NC 28801. This ensures that the packages will arrive to you in a timely manner.
We strongly advise you to not address packages to the Property unit you are staying in, as those mailboxes are not monitored. Please alert Management if you are expecting packages.
15. Lost Items. If anyone in your group leaves an item behind, we are happy to facilitate its return to you as soon as practical. The fee for this service, other than a firearm (see below), is $35.00 together with actual shipping charges. Unless other arrangements are made, we use the card on file for this. Any items that remain unclaimed for thirty (30) or more days are disposed of.
16. Amenity Starter Package. Arras Management provides a starter amenity package for the condominium. Once those amenities are depleted, it is up to the guest to provide additional items. If you wish to make your trip more enjoyable and convenient, you may purchase additional amenities for your stay, please contact management three days prior to your arrival for pricing details.
- Linens and towels: 1 set of linens on made bed, 4 pillows, body towels, hand towels, wash clothes, bathmat, and kitchen towels
- Bathroom: Facial tissue, toilet tissue, shampoo, conditioner, lotion, hand soap, cotton balls and swabs, and hair dryer
- Closet: 1 additional set of linens for the bed, linens, and blanket for sofa bed(s), 2 pillows, 1 blanket, Iron and Ironing Board, and facial tissue
- Cleaning Supplies: laundry pods, dishwasher tablets, dish soap, finish dish rinse, rolls of paper towels, trash bags, recycling bags, dish sponge, cleaning dish cloth
- Additional Kitchen Items: Coffee maker, toaster, tea kettle, blender, set of pots and pans, and baking dishes
17. Housekeeping. While linens and bath towels are included in the unit, housekeeping service is not provided, reference paragraph 19 for monthly stays. Additionally, please note Arras Management is not associated with the Kimpton Hotel, they do not provide their cleaning staff. If you require additional towels, please reach out to management to arrange.
A mid-stay clean can be added to your stay for an additional cost of $135 per clean. A mid-stay clean includes a full clean of the condo, replacement of linens and towels and restock of supplies included from paragraph 16.
18. Outside Noise. Please note that the Arras Building is in downtown Asheville. Neither Arras Management nor the homeowner may be held responsible for any outside noise, including but not limited to, road construction, emergency sirens, events in the park, or road noise.
19. Monthly Reservations. Any stays longer than 30 days will require monthly inspections and bi-weekly (every 15 days) housekeeping, at the expense of the guest.
20. Insects and other creatures. Our condominiums are cleaned and disinfected to the highest degree, and we strive, to the extent possible, to keep our condominiums 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 condominiums. 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, with the slider windows, other flying insects are common, and will make their way into the condominiums. Vacuums are provided for your use during your stay if you find the presence of these insects uncomfortable.
The appearance in the condominium of these insects and creatures has nothing to do with the condominium’s “cleanliness” and, accordingly, neither Arras Management nor the owner are held responsible – nor any refunds given – if they appear during your stay.
21. Maintenance Issues. Arras Management and the owner of the condominium are required to deliver the Property to you in fit and habitable condition. With the notable exception of “Mandatory Evacuations/Travel Restrictions,” discussed in paragraph 22, if the home is not in that condition at the time you are to begin occupying the property, at its election, Arras Management will either substitute a comparable property or refund your payments.
Moreover, although Arras Management spends a great deal of time and effort ensuring the integrity and upkeep of all the systems in all our condominiums, sometimes “things break.” When this occurs, Arras Management will make every effort to correct the situation, and/or make your stay as comfortable as possible under the circumstances. Neither Arras Management nor the homeowner may be held responsible for any “system” breakdown including, but not limited to, any appliances or amenities such as air conditioning and internet outage.
22. 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 you are already in possession of this property. Under either circumstance, you may not be entitled to a refund either from Arras Management or the owner.
23. Inclement Weather. In the event of inclement weather, Arras Management will make every effort to ensure that 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. Mountain roads are often both curvy and steep, and can become icy, so please use caution under these conditions.
24. Liability Waivers. This home does 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 always exercised. Any of the applicable waivers are included for your review and signature.
25. Residential Area. This home is located within the Arras building, a multi-use building including a hotel, restaurants, residences, and vacation rentals. Please be respectful of the residents, 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.
26. Firearms. Guns are permitted but must be always stored responsibly. 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 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 local area police will take possession of the firearm and you can retrieve it the local police department office.
27. Security Cameras. There are security cameras placed around the entrances of the building and located in the elevators. The video is for security only and will not be used for personal use or marketing purposes.
28. Outside Vendor. If you intend to bring any outside vendors onto the property during your stay (e.g., photographer, chef), you first obtain permission from Arras Management. For liability purposes, Arras Management 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.
29. Inspection. Arras Management 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.
30. Change of Property Manager. Arras Management represents the home on the owner’s behalf pursuant to a separate property management agreement between Arras Management 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 terms of this agreement.
31. Change of Ownership. Owners may sell their vacation home at any time, albeit they must do so in compliance with 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.
32. Dispute Resolution. Although we work extremely 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 eorts, the parties hereto agree to submit their dispute to formal mediation prior to ling a legal action. If mediation is unsuccessful and a legal action is led, 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 beneciary of this Agreement and may bring an action against Guest in Owner’s own right, separate and apart from Arras Management, for any claims for relief arising under this Agreement.
33. 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.
THIS UNIT IS PRIVATELY OWNED. THE HOMEOWNERS ARE NOT RESPONSIBLE FOR ANY ACCIDENTS, INJURIES OR ILLNESS THAT OCCURS WHILE ON THE PREMISES OR ITS FACILITIES. THE HOMEOWNERS ARE NOT RESPONSIBLE FOR THE LOSS OF PERSONAL BELONGINGS OR VALUABLES OF THE GUEST. BY ACCEPTING THIS RESERVATION, IT IS AGREED THAT ALL GUESTS ARE EXPRESSLY ASSUMING THE RISK OF ANY HARM ARISING FROM THEIR USE OF THE PREMISES OR OTHERS WHOM THEY INVITE TO USE THE PREMISES.
Guest agrees to all the terms of this agreement and check out procedures as set out herein.
_______________________________________
Responsible Party Signature
_______________________________________
Responsible Party Printed Name
_______________________________________
Date
Thank you for choosing Arras Residences for your vacation. We hope that you have a pleasant stay.
Acceptance
YOUR SIGNATURE ON THIS AGREEMENT, PAYMENT OF MONEY, OR TAKING POSSESSION OF THE PROPRTY AFTER RECEIPT OF THE AGREEMENT, IS EVIDENCE OF YOUR ACCEPTANCE OF THE AGREEMENT AND YOUR INTENT TO USE THIS PROPERTY.
You are well advised to read the entire Agreement carefully prior to submitting an electronic signature. You will be able to save a copy of the signed agreement once submitted. If completing on a mobile phone and would like a signed copy emailed to you, please reach out to management to request the signed copy to be emailed to you at [email protected]
*By signing this Agreement, you are agreeing that Arras Management can send future communications and promotions to you via SMS notification or email. Message rates may vary.
Address: ____________________________________
City: ___________________________ State: ______________ Zip: ____________
Phone Number: ________________________
Email Address: __________________________________
Property ID: _____________________
Property Address: ____________________________________________________
Arrival Date: _______________
Departure Date: _______________
Are you bringing a dog (yes/no)? ________________
ADDENDUM 1
GUESTS
1. ______________________________
2. ______________________________
3. ______________________________
4. ______________________________
ADDENDUM 2
Pet Policy Addendum
The following Pet Policy has been put in place for our guests’ safety, hygiene, well-being, and condominium owners’ policy; it is strictly enforced. Our goal is to provide a very luxurious, safe, and highly enjoyable experience for all our guests. We therefore appreciate your cooperation and assistance.
1. 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 preventions, though voluntary, is highly recommended.
Documentation of the foregoing from an accredited veterinarian must be provided by Guest under Arras Management request.
2. Up to two dogs (only), each being at least one (1) year old, are permitted.
3. The Pet Fee is $150.00.
4. If evidence of pet is found, heard, or seen in a non-pet friendly unit a $500.00 fee will apply.
5. Guest is responsible for cleaning up all pet refuse during the stay.
6. Pets are not allowed on furniture at any time. Any evidence of pets on furniture may incur additional cleaning fees.
7. If a pet damages the furniture or premise, the cost of repair/replacement will be applied to the credit cards associated with Guest.
8. Guests shall prevent pets from making excessive noise at a level that disturbs surrounding homeowners and vacation goers.
9. Guests shall NOT leave their pets unattended for any undue length of time. Guests shall keep their pets on a lead when in public spaces, including hallways, elevators, and lobby.
10. Neither Arras Management nor the owner of the Property assume any responsibility for illness or injury that may occur to either pets or humans during the stay.
11. A violation of any provision in this policy will entail a penalty in an amount not less than $500.00.
By signing this page, you acknowledge that you have read and understood each enumerated term of the Pet Policy.
Guest Signature:_____________________________________
ADDENDUM 3
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 while using the amenities and surround 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 during your stay.
If children are present during your stay, then you agree to accept full responsibility for their safety. This includes use of, and access to, these areas.
Specifically, these amenities may include the following:
• Slider Window in Condo
Please use caution while enjoying the slider window, please refrain from leaning against and/or sitting on the railings. Please do not place items on the railings or ledge.
The Owner and Arras Management, LLC accept no responsibility for anyone’s safety or liability for misuse of, or accidents associated with, these amenities.
You agree to hold the Owner and Arras Management, LLC harmless, and to indemnify Owner and Arras Management, LLC for any injuries sustained by anyone associated with your stay.
By signed below, I/we acknowledge our careful reading of this Liability Waiver, understand that I/we are giving up substantial rights, and hereby accept to be bound by this Waiver.
Guest Signature:_____________________________________
ADDENDUM 4
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 homes 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 the hallway of the building.
2. If you are self-parking an additional vehicle at the 16 Broadway Ave parking deck, please do not park in the Arras Residences parking spaces. These are assigned parking spaces for residents of the building.
3. Do not exceed the maximum occupancy in the home at any time.
4. Do not wander around or explore the building unless it is clearly a public area in the building. This includes not exploring the residential common lobby, building employee areas (e.g., kitchens, breakrooms) or secure areas.
5. Be considerate of your neighbors by maintaining the volume at which music is played at reasonable levels at all hours.
6. Maintain general courtesy for neighbors as you interact with them.
7. As a guest you do have access to the gym located on the 3rd floor, which is facilitated and maintained by the Kimpton Hotel Arras.
To ensure that you have a wonderful time while observing the foregoing rules, Arras Management has established a complaint protocol with hotel management and residential HOA Property Manager, and if a complaint is made to Arras Management, we will notify you immediately to alleviate the perceived problem. Be aware, however, that the neighbors and building security always have the right to involve the authorities if they deem necessary. Reports of excessive noise may be considered a breach of this Agreement and subject you to expedited eviction proceedings.
Guest Signature:_____________________________________
