Terms of Service
- Effective Date: July 1st, 2024
- Updated Date: June 25, 2024
IS A LEGAL DOCUMENT AND MAY AFFECT YOUR LEGAL RIGHTS AND REMEDIES. PLEASE READ IT CAREFULLY. BY ACCESSING AND
CONTINUING TO USE THE SITE, YOU AGREE TO EACH AND EVERY ONE OF THESE TERMS AND CONDITIONS. PLEASE DO NOT USE THE
SITE IF YOU DO NOT AGREE TO EACH AND EVERY ONE OF THESE TERMS AND CONDITIONS.
Thank you for choosing The Timber at Holly Branch for your stay. Please read the following terms of service (“Terms”,
“Agreement”) carefully, as these Terms govern your relationship with us, any Reservation you may book with us, our
cancellation policies, fees associated with any violation of our rules, and other terms governing your stay at one
of
our Accommodations.
WindRiver Properties LLC d/b/a Ayres Vacation Rentals (hereafter “WRP”, “WindRiver”, “we” , “us” , “our”), a
Tennessee
limited liability company, provides limited licensed access to certain accommodations including vacation rentals,
long-term rentals, medium-term rentals, and short-term rentals, as well as associated value-added services provided
by
WRP, whether directly or indirectly, in connection therewith (collectively, “Services”). WRP’s Services may be
booked
through WRP’s websites, https://www.windriverliving.com/, https://windriver.guestybookings.com/, and
https://nortoncreekrentals.guestybookings.com/, https://www.treehouse-grove.com,
https://treehousegrove.guestybookings.com, https://stayatthetimber.com/, including directories, subdirectories,
subdomains, mobile or app versions, linked pages, application programming interfaces, and any other websites and
access
points through which WRP makes its Services available (collectively the “Website” or “Site”). WRP’s Services may
also be
made available, in whole or in part, over the phone or in the above-referenced accommodations themselves. Reference
to
the Services includes the use of the Site. If you do not agree to these Terms, you agree that you have no right to
use
the Site or Services and agree to immediately cease all use of the same.
By using this Website, by confirming a booking at one of our properties, by checking the “I agree” box on the
checkout
webpage for any WRP listing, or by clicking the “Book Now” button on the checkout page for any WRP listing, you
accept
and agree to these terms and conditions. If you disagree with these Terms or any part hereof, you must immediately
cease
and desist use of the Website. If you do not agree with these Terms or any part hereof, do not confirm a reservation
with us, do not check the “I agree” box on the checkout page for any WRP listing, and do not click the “Book Now”
button
on the checkout page for any WRP listing.
This website uses cookies. By using this website and agreeing to these Terms, you consent to our use of cookies in
accordance with the terms of WRP’s Privacy Policy.By using any of the Services, you agree to comply with, and be
legally
bound by, these Terms. These Terms govern your access to and use of the Services (as further defined below) and
constitute a binding legal agreement between you and WRP. Any access to, or use of, the Services by anyone under the
age
of eighteen (18) is expressly prohibited.Please read these Terms and WRP’s Privacy Policy carefully. WRP’s Privacy
Policy may be found at https://windriver.guestybookings.com/privacy-policy. WRP’s Privacy Policy is incorporated by
reference, in its entirety, into these Terms.
1. Definitions
- a. “Accommodation” means any listing, accommodation, or property – which may include vacation
rentals, long-term rentals, medium-term rentals, or short-term rentals – that may be booked in connection with
the Services. - b. “Booking” means limited, non-exclusive, licensed access subject to your agreement to these
Terms to an Accommodation provided by WRP or access to Services provided by WRP. - c. “Content” means any content – including text, graphics, images, music, software, audio,
video, information, source code, or other materials – provided by any User, WRP, or licensed third parties, that
is available through the Services. - d. “Guest” means a User who requests a booking at, books, or stays at an Accommodation.
- e. “House Rules” or “WRP’s rules” mean rules or policies that apply to each Listing and are
Listing-specific but may contain overarching property-specific terms. - f. “Listing” means an Accommodation made available for limited licensed access or rental by WRP
in connection with the Services or any webpage controlled, in whole or in part, by WRP advertising the same. - g. “Reservation” or “Accommodation Period” means the temporal period for which you have
licensed access to, or requested access to, an Accommodation provided by WRP or to Services provided by WRP, in
connection with your Booking. - h. “Service Animal” means an animal, often a dog, that is individually trained to do work or
perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric,
intellectual, or mental disability. These animals are sometimes referred to as “seeing eye” dogs, helper
animals, service animals, or support animals. Please note that notwithstanding the foregoing, emotional support,
therapy, comfort, and companion animals are not considered service animals under the ADA. Examples of tasks a
service animal may perform include, but are not limited to:- i. Assisting individuals who are blind or have low vision with navigation and other tasks;
- ii. Alerting individuals who are deaf or hard of hearing to the presence of people or sounds;
- iii. Providing non-violent protection or rescue work;
- iv. Pulling a wheelchair;
- v. Assisting an individual during a seizure;
- vi. Alerting individuals to the presence of allergens;
- vii. Retrieving items such as medicine or the telephone;
- viii. Providing physical support and assistance with balance and stability to individuals with mobility
disabilities; - ix. Helping persons with psychiatric and neurological disabilities by preventing or interrupting
impulsive or destructive behaviors.
- i. “Services” means use of the Website, or limited licensed access provided by WRP, whether
directly or indirectly, to any Guest to a WindRiver Accommodation, as well as any associated value-added
services provided by WRP in connection therewith, including, inter alia, cleaning, maintenance, or basic
hospitality or toiletry provisioning. - j. “Tax” means any sales tax, value added taxes (VAT), goods and services taxes (GST), personal
or corporate income taxes, or any other municipal, state, or federal tax or withholding. - k. “Third Party Suppliers” means any third-party vendors, contractors, or subcontractors who
may provide services to you in connection with an Accommodation or Services. - l. “User” means a person who uses WRP’s Services.
- m. “User Content” means all Content that a User posts, uploads, publishes, submits, or
transmits to be made available through the Services. - n. “Website” or “Site” means https://www.windriverliving.com/, https://nortoncreekrentals.guestybookings.com/, https://www.treehouse-grove.com/ and https://windriver.guestybookings.com/, including any
directories, subdirectories, subdomains, mobile or app versions, linked pages, application programming
interfaces, and any other websites and access points through which WRP makes its Services available. - o. “you” means you, the Guest who has confirmed or is confirming a Reservation, or who is named
on the Booking confirmation page on the Site when completing a Booking, as the case may be. Note that by
entering into this Agreement, you agree that any reference made to “you” in these Terms encompasses liability
for any additional guests and third parties – including, without limitation, any licensees, invitees, guests,
family members, individuals, or animals – who, arising out of or in connection with your Reservation, enter or
affect any Accommodation or affect any Reservation. You agree that you shall be solely and exclusively
responsible for all conduct, acts, and omissions of any such additional guests and third parties as contemplated
hereunder, that you shall bear sole and exclusive responsibility for any costs associated with any Losses
created by such additional guests and third parties, and that you shall ensure that any such additional guests
and third parties comply fully with all conditions, terms, and conditions imposed upon you under this Agreement.
2. Booking Confirmation, License
To complete a Booking for an Accommodation, the Guest named on the Booking (“you”) must agree to all terms contained
in this Agreement. These Terms constitute a binding agreement between you and WRP. WRP is duly authorized to arrange
for the occupancy of the Accommodation you seek to book and facilitates your occupancy of the Accommodation during
the agreed period as set forth in the Booking. THIS AGREEMENT IS NOT A LEASE, NOR DOES IT IN ANY WAY CONFER
ANY PROPERTY, LEGAL, OR BENEFICIAL RIGHTS, TITLE, OR INTEREST IN REAL ESTATE TO YOU. YOU ARE NOT A TENANT OF THE
ACCOMMODATION. YOU HAVE NOT BEEN GRANTED EXCLUSIVE POSSESSION OF ANY ACCOMMODATION. By accepting the
terms and conditions of this Agreement, you hereby acknowledge and agree that you are entering into a non-exclusive
arrangement to occupy the Accommodation for the fixed term in your Booking, and that said license expires and
terminates at the end of your Booking. This means that you have no right to stay in the Accommodation or to
otherwise use or occupy all or any part of such Accommodation before or after the Accommodation Period set forth in
your Booking, and you have no rights to renewal, extension or recurring use of the Accommodation without our prior,
express, written consent. You cannot make any changes, alterations, or modifications to the Accommodation, nor can
you move or remove any furnishings, fixtures, appliances, equipment or other items in, on, or around the
Accommodation. You agree to abide by WRP’s rules as set forth in the Listing or these Terms and to abide by any
restrictions placed on the Accommodation by WRP that may be set forth in the Booking or WRP’s rules, provided to you
at or before check-in, which may include, without limitation, the maximum number of occupants allowed during your
occupancy of the Accommodation, any areas of the Accommodation or items in, on, or around the Accommodation that
have been designated “no access”, noise restrictions, or limitations on pets, events, smoking, or other activities
at, on, around, or from the Accommodation. Your ability to occupy the Accommodation will be subject to immediate
termination if you or any parties that occupy the Accommodation during the Accommodation Period violate any terms of
this Agreement, WRP’s rules, the Guest Services Agreement, or any other agreement between you and another party in
relation to the Accommodation, including any Third Party Suppliers.
3. Booking Confirmation, Assent
Any Booking you have initiated via the Site is not a confirmed unless and until you explicitly agree to these Terms,
in their entirety. Your agreement to these Terms may be indicated and confirmed via a checkout page on the Site.
When your booking has been paid for, in full, you will receive notice of your booking confirmation along with
contact information, as well as property and Accommodation information.
4. Cancellations
WRP’s booking cancellation policies are Listing-specific. Additionally, all Bookings are subject to WRP’s rules.
- a. Extenuating Circumstances Cancellations by WRP. Except in extenuating circumstances beyond
your reasonable control, as determined by WRP in good faith in its sole and exclusive discretion, WRP will
endeavor not cancel a Booking once a Booking confirmation has been sent. Should WRP need to cancel your Booking
due to extenuating circumstances, WRP will contact you and may try to arrange for an alternative accommodation
for you during the Accommodation Period. If WRP is unable to assist in finding suitable alternative
accommodations for the Accommodation Period in the event of a cancellation due to extenuating circumstances, WRP
will credit or refund you consistent with these Terms. You agree that WRP and any Third Party Suppliers will
have no responsibility or liability as a result of a cancellation of a Booking. For the avoidance of doubt,
should you fail to adhere to WRP’s rules or commit any anticipatory breach of this Agreement, including, without
limitation, by indicating any intention not to adhere to WRP’s rules, your Booking may be cancelled, and such
cancellation will not be deemed due to extenuating circumstances. - b. Cancellations by WRP. In the event that WRP cancels your Booking for any reason, WRP will
notify you as soon as is commercially reasonable under the circumstances, typically immediately upon
cancellation. WRP may, at its sole and exclusive election, offer a substitute Accommodation comparable to the
Accommodation originally booked. Should you accept such substitute, you agree that you will remain bound by
these Terms as well as the applicable rules and policies for that substitute Accommodation. Should you decline
the alternative Accommodation, or should WRP be unable or unwilling to offer an alternative, WRP may, subject to
these Terms, credit or refund you up to the full amount of your Booking cost. WRP reserves the right to cancel
any Booking for which you fail to complete the Guest Verification as described in Section 8 with the header
“Guest Verification,” below. - c. Cancellations by You. Should you elect to cancel your reservation, you agree that you will
be bound by the applicable Listing-specific cancellation policy, which may result in partial or total forfeiture
by you of certain fees. You agree that a condition precedent to booking an Accommodation is that you agree to
all of these Terms (including in relation to the appointment of Third Party Suppliers) and further agree to be
bound by all of WRP’s rules and any Listing-specific rules as published on a Listing or furnished to you prior
to commencement of your stay at an Accommodation. You agree that any failure by you to adhere to WRP’s rules,
any Listing-specific rules as published on a Listing or furnished to you prior to commencement of your stay at
an Accommodation, or any anticipatory breach of this Agreement, without limitation, will be deemed a
cancellation by you of your Reservation, as determined by WRP in good faith in its sole and exclusive
discretion, and any applicable refunds will be determined by WRP on the basis that the reservation was cancelled
by you. Nothing in this subsection should be construed as limiting any of WRP’s rights, remedies, defenses, or
ability to collect or pursue additional sums from you for violations of WRP’s rules, damages to an
Accommodation, or otherwise, arising out of or in connection with these Terms. All such rights, remedies,
defenses, and abilities are hereby expressly reserved. In addition to any other situations as set forth
elsewhere in this Agreement, you understand, acknowledge, and agree that your Reservation will be immediately
terminated and deemed a cancellation by you should you:- i. Violate any rule or policy set forth in any Listing you have booked; or
- ii. Violate any applicable law or ordinance;
- iii. Host or attempt to host any unauthorized event, gathering, or party on the property, premises, or
at any Accommodation.
You further understand, acknowledge, and agree that should you elect to cancel a Booking due to inclement
weather, such cancellation will be deemed a cancellation by you for which no refund or credit will be due. You
may, however, purchase insurance or other travel protection to insure against certain potential related costs or
losses. - d. Unavailability. In the event that an Accommodation booked by you becomes unavailable for all
or any part of the Accommodation Period due to extenuating circumstances and reasons beyond your reasonable
control without any contributory fault on your part, and where WRP seeks to secure alternative accommodations
for you, but you do not accept said accommodations, then you will be entitled to cancel your Booking without
penalty. In such a case, you agree that WRP may issue a pro-rated refund in good faith, in its sole and
exclusive discretion, based on the time of the cancellation and any time spent in an Accommodation by you, and
that neither WRP nor any Third Party Suppliers will be liable to you for any further amounts in respect of the
cancellation of the Booking.
5. Fees
- a. Prepayment. Pursuant to this Agreement, you authorize WRP to collect and remit various fees
and charges that will be due and owing by you in connection with your use of the Site, Services, or
Accommodation, including, without limitation, the prepayment amount as set forth in the Booking, Accommodation
fees, cleaning fees, taxes, extra people / additional guest fees, and all fees, charges, and taxes payable with
respect to your booking of an Accommodation and use of Services provided by WRP or any Third Party Suppliers. By
requesting to book an Accommodation, you authorize WRP to, and agree that WRP may, charge the debit or credit
card you have supplied an amount equal to all prepayment fees required to be paid on confirmation of your
Booking, as set forth on the checkout page for that Booking on the Site for the dates and Accommodation to which
the Booking applies. If you book by phone or means other than the Site, you will be advised of such amounts and
sent email confirmation of same. All prepayment amounts, as contemplated above, are required to be paid on
confirmation of your Booking (such fees may amount to the entire amount of all fees due, including a security or
damage deposit, amounts due to any Third Party Suppliers, and any taxes or other fees due arising out of or in
connection with your Booking). - b. Payment Terms. Unless otherwise expressly stated in the Listing, payment terms for your
reservation are as follows:- i. Grace Period. Within twenty-four (24) hours of the sooner of your request to book an
Accommodation or the confirmation of your Booking, you may cancel your Booking for a full refund,
without penalty provided that such cancellation occurs no later than 24 hours prior to commencement of
your Accommodation Period as specified on your Booking. - ii. Initial Prepayment. As soon as your Reservation is confirmed, or within twenty-four
(24) hours thereafter, WRP will charge and collect a prepayment amount of 50% of the Accommodation fee
and of any other costs, fees, or Taxes specified on the Listing or your Booking confirmation. - iii. Subsequent Payment. WRP will charge and collect the remaining 50% of the
Accommodation fee and of any other costs, fees, or Taxes specified on the Listing or your Booking
confirmation within thirty (30) days from commencement of your Accommodation Period as specified on your
Booking confirmation. - iv. Non-Refundable. The above-referenced Initial Payment, Subsequent Payment, and any
other payments collected by WRP are non-refundable except as otherwise explicitly stated in these Terms. - v. Travel Insurance. You may purchase travel insurance in connection with your stay.
Such insurance may insure against losses of any Deposit you may furnish to WRP. WRP reserves the right
to charge a mandatory fee for any third-party accidental damage insurance.
- i. Grace Period. Within twenty-four (24) hours of the sooner of your request to book an
- c. Accommodation Fees. You agree to pay the Accommodation Fees as set forth in the Booking
without deduction, counterclaim, or set off. You also agree to pay the cost of any damage, destruction, or loss
(each individually a “Loss” and collectively “Losses”) to the Accommodation or its contents arising out of or in
connection with your Booking and to pay any fees, costs, and expenses (including reasonable attorneys’ fees and
disbursements) incurred by WRP or any of WRP’s Third Party Suppliers as a result of any attempt by you to enter
the Accommodation prior to your Accommodation Period or due to your failure to vacate the Accommodation on a
timely basis at the end of your Accommodation Period. In addition to the foregoing, you agree to pay, without
limitation, the cost of any refunds, whether necessary, appropriate, or discretionary, issued to any Guest
arising out of or in connection with any Loss attributable to, or proximately caused by, you. - d. Scope of Fees at Checkout. Unless otherwise explicitly noted, the Accommodation fees
specified at checkout or in the Booking confirmation will include the fees due and payable with respect to the
Accommodation only. Certain fees, including, inter alia, Taxes and a Cleaning Fee may also be specified at
checkout and will be due and payable upon Booking confirmation. Additional services, activities, and amenities
not explicitly stated as being included in the Accommodation fees are sold separately. - e. No Show. Your prepayment will be collected and paid as set forth above under your Booking
confirmation. If you fail to check-in to an Accommodation on the date of commencement of your Accommodation
Period, then for the avoidance of doubt, you will be responsible for payment of the entirety of all
Accommodation fees, taxes, any associated fees specified at checkout, including for additional services, for
your Booking, and you authorize WRP to charge such sums to the credit or debit card that you supplied when
making the Booking. Failure to check-in on the date of commencement of your Accommodation Period will be deemed
a “no show,” and you agree that notwithstanding the foregoing, WRP may mark the dates of your Booking as
available on the corresponding Listing or otherwise offer use of the Accommodation you booked to any other
Guest. - f. Taxes. In addition to the fees and charges for the Accommodation, WRP may also collect and
remit to applicable governmental authorities any Taxes arising out of or in connection with your stay. - g. Phone Calls. Certain Accommodations may include one or more telephone. Telephone use,
including long-distance phone calls, in any Accommodation booked by you are billable to you for the full
duration of your Accommodation Period and any time in which you overstay at any Accommodation or occupy any
Accommodation prior to commencement of your Accommodation Period. You agree that any phone call costs and fees
may be deducted from your Deposit, as described under section 7 of this Agreement. - h. Disclosures. All mandatory and optional booking fees are disclosed in each Listing. If you
fail to elect a desired option but seek to purchase that option thereafter, you agree that WRP is authorized to
and may charge any payment method you have provided to WRP.
6. Vacation Rental Damage Protection
As a part of your stay, you may purchase a Vacation Rental Damage Protection plan designed to cover unintentional
damages to the Accommodation interior that occur during your stay, provided that such damages are disclosed to WRP
prior to check-out. If purchased, the policy will pay a maximum benefit of three-thousand dollars ($3,000.00 USD).
Any damages that exceed three-thousand dollars ($3,000.00 USD) or are not covered under the plan will be charged to
any credit card or debit card account you have provided to WRP. If, during your Accommodation Period, an insured
person causes any damage to real or personal property of the Accommodation as a result of inadvertent acts or
omissions, the Insurer will reimburse the Insured for the cost of repair or replacement of such property up to a
maximum benefit of three-thousand dollars ($3,000.00 USD) provided that all requirements of the specific claim are
satisfactorily met. Certain terms and conditions apply. Full details of the Vacation Rental Damage coverage are
contained in the Description of Coverage
or Insurance Policy. The Vacation Rental Damage can be purchased up to, and including at, check-in. By
submitting payment for this plan, you authorize and request Customized Services Administrators, Inc. d/b/a Generali
Global Assistance & Insurance Services to pay directly WRP any amount payable under the terms and conditions of the
Vacation Rental Damage. Please contact WRP directly if you do not wish to participate in this assignment. Nothing in
this Section should be construed as limiting and rights, remedies, or defenses available to WRP, all of which are
hereby expressly reserved. To ensure that responsibility is properly attributed to any responsible party, should you
discover any damage to an Accommodation or its contents, you understand, acknowledge, and agree that should you
discover any damage upon check-in, you will notify WRP of same immediately.
7. Guest Protect Travel Insurance (G-330CSA)
Vacation Rental Insurance has been made available with your reservation. Vacation Rental Insurance 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; and mandatory evacuations. The plan also
includes other valuable coverages such as Medical and Dental, Baggage, and Emergency Assistance and Transportation
in addition to useful services such as identity theft, concierge and 24/7/365 emergency assistance. We strongly
recommend you purchase this valuable protection. Additional terms and conditions apply; please read your Description
of Coverage/Policy carefully and contact Generali Global Assistance at 866-999-4018 with coverage questions.
8. Guest Verification
You agree that you hereby give permission to SafelyStay, Inc., to verify your identity, and check criminal databases
in order to confirm your Reservation. Complete terms regarding Safely’s guest verification can be found at www.safely.ai/terms. Please contact Safely at Concierge@Safely.ai, or go to www.Safely.ai, if you have any questions. You understand, acknowledge, and
agree that you may be required to pay a Trust and Safety fee to confirm your Booking. The SafelyStay, Inc. Trust and
Safety Fee includes up to $10,000 of accidental coverage for contents damage and up to $100,000 coverage for
accidental property damage and bodily injury. Complete terms regarding the Trust and Safety coverage can be found at
safely.ai/ayresvacationrentals. The Trust and Safety Fee is
refundable only if the reservation is canceled in writing at least twenty-four (24) hours prior to the arrival date
of the Accommodation Period. Any deductible or minimum claim amount will be the sole and exclusive responsibility of
the Guest, and you agree that WRP is authorized to and may process same using any form of payment you have provided
to WRP.
9. Payment Authorization
You agree to authorize WRP to authorize or pre-authorize an amount, as specified to you in connection with your
Reservation prior to commencement of your stay at an Accommodation, from a credit or debit card account supplied by
you (which may be the same card/account or a different card/account you supplied at the time of Booking). You
further agree that, as a condition precedent to commencing your stay at an Accommodation, WRP will be entitled to
initiate an authorization, pre-authorization, hold, or one or more charges against this credit or debit card in the
event of a late check-out, early arrival, overstaying, or to cover any Loss arising out of or in connection with
your Reservation and/or to cover a deposit or hold as against any potential damage to an Accommodation or its
contents or any Loss arising out of or in connection with your Reservation. You understand, acknowledge, and agree
that the requirement of a deposit or hold for your Reservation by WRP is a material condition of this Agreement and
a fundamental element of the basis of the bargain between WRP and you. Accordingly, in the event that your bank or
card issuer places any temporal restrictions on the length of authorization or pre-authorization hold, you agree to
promptly provide any information to WRP necessary or appropriate for WRP to initiate a new hold, that may overlap
with any prior hold, to ensure continuity of amounts available to WRP to charge in the event of any Loss arising out
of or in connection with your Reservation. You agree that any failure by you to maintain an active credit or debit
card account with an available balance sufficient to cover all fees and holds contemplated under these Terms in
connection with your reservation, and any failure by you to furnish evidence of same to WRP along with all
information necessary for WRP to process corresponding holds or charges as contemplated in this section, may result
in the immediate termination of your Reservation at WRP’s sole and exclusive discretion. In the event of any such
termination, you agree that your reservation termination will be deemed a cancellation by you, as specified
elsewhere in these Terms. Nothing in this subsection should be construed as limiting any of WRP’s rights, remedies,
defenses, or ability to collect or pursue additional sums from you for violations of WRP’s rules, damages to an
Accommodation, or otherwise, arising out of or in connection with these Terms. All such rights, remedies, defenses,
and abilities are hereby expressly reserved.
10. Deposits, Liquidated Damages
You understand, acknowledge, and agree that, for certain Services, Listings, or Accommodations, you may be required
to provide a deposit, to pre-authorize a charge or charges by WRP, or to authorize a charge or hold on your credit
or debit card account, and in any such case, you agree to authorize or permit WRP to initiate and effect same (for
the purposes of this section, any such deposit, pre-authorization, charge, or hold, as contemplated under this
section is a “Deposit”). Any Deposit amount will be noted in the Listing or otherwise relayed to you prior to
commencement of your Accommodation Period. Failure to furnish a Deposit as requested may result in the immediate
termination of your Reservation at the sole and exclusive discretion of WRP. You understand, acknowledge, and agree
that your Deposit may be used to cover any fees, costs, expenses, or disbursements arising out of or in connection
with your use of the Site or Services, including, inter alia, unpaid fees for license or use of any Accommodation or
Service, any costs associated with any Loss attributable to you as determined in good faith by WRP, in its sole and
exclusive discretion, and any applicable costs or fees associated with any violation of this Agreement. In addition
to the foregoing, you understand, acknowledge, and agree that the following conduct may disturb neighbors or other
Guests, cause reputational harm, diminish brand value, or result in potentially unfavorable but incalculable
near-term, medium-term, or long-term community opinions or regulatory changes that could detrimentally effect WRP:
- a. Illegal conduct, including illegal drug possession, production, sale, purchase, or use;
- b. Violations of any law or ordinance, including any noise ordinance violation;
- c. Excessive noise, as deemed in good faith by WRP, or occurring between the hours of 10:00PM and 8:00AM EST.
- d. Events, gatherings, or parties, regardless of duration, not expressly authorized in writing, in advance, by
WRP; - e. Any public or private nuisance or disturbance likely to disturb or annoy any surrounding property owner; or
- f. Creating a Booking, or commencing a stay at an Accommodation, under false pretenses or in connection with you
having supplied any false or inaccurate information in connection with any such booking, including, inter alia,
a false or inaccurate name, age, size of group, or payment information.
Should any of the foregoing conditions arise out of or in connection with your Reservation, you understand,
acknowledge, and agree that you shall forfeit your entire deposit to WRP as liquidated damages, that your deposit
represents a reasonable estimate of potential damages at the time you enter into this Agreement and not a penalty,
and that actual damages for the above-referenced disturbance, reputational, brand-value, community opinion, and
regulatory harms are indeterminable or difficult to measure. Notwithstanding the foregoing, nothing in this section
should be construed as limiting in any way any of WRP’s rights, remedies, or defenses in seeking recovery of any
separate, determinable, or calculable actual damages.
11. Check-Out, Overstays
The check-out time at the Accommodation is as stated in the Listing for your Accommodation Period. Unless WRP has
provided prior, express, written consent for a later check-out as a part of your Booking or has expressly agreed in
writing to an extension or a further period of occupancy that has been confirmed by a subsequent Booking
confirmation, then you will be responsible for a full day’s Accommodation fee for any overstaying past the check-out
time on the day of your departure at a rate of 150% of the then-prevailing effective daily rate, in addition to any
costs or fees arising from your overstay, including, without limitation, any Loss, any necessary, appropriate, or
discretionary refund provided to any other Guest arising out of or in connection with your overstay, as well as
reasonable attorneys’ fees and disbursements. You agree that if you overstay by more than two (2) hours then WRP
reserves the right to enter the Accommodation, whether directly or by an agent, and to remove your belongings,
change the locks to the Accommodation, and take such further action as may be necessary or appropriate. You agree to
pay for all costs arising out of or in connection with any such action and that WRP may charge any corresponding
charges to any debit or credit card account that you have provided to WRP. In addition, you will be responsible for
an additional fee equivalent to 150% of the effective daily rate of your stay for each day (or part thereof) that
you overstay, as well as any other damages, fees, costs, or expenses (including reasonable attorneys’ fees and
disbursements) incurred by WRP or any of its Third Party Suppliers, including without limitation, as a result of
loss of any subsequent booking or part thereof for the Accommodation or in connection with finding alternative
accommodations for any subsequent Guest who had a booking for the Accommodation for all or any part of the time that
you overstayed.
12. Accommodation Condition
All Accommodations are provided in “as is” condition. WRP shall make commercially reasonable efforts to ensure the
operation of amenities advertised in an Accommodation at the time of booking. You understand, acknowledge, and agree
that WRP is not responsible for the failure of, or non-functioning of, any amenity, but will make commercially
reasonable efforts to correct the failure or non-functioning of any such amenity following receipt of notice
thereof. You agree that should you discover any amenity in an Accommodation to have failed or to be non-functioning,
in whole or in part, to notify WRP immediately of same. You further agree that WRP shall in no way be liable to you
should you fail to provide such notification to WRP, and that non-functioning amenities may be potentially dangerous
or involve potential risks if improperly used. Any attempt by you to use a non-functioning amenity shall be at your
own risk. WRP may, in its sole and exclusive discretion, elect to issue partial credits or refunds where the failure
or non-functioning of one or more advertised amenities arises, and where such failure or non-functioning was not
caused by, contributed to by, or not otherwise attributable to, you. In such case, please note that the amount of
any such credits or refunds will never, in aggregate, exceed the amount paid by you for your associated Reservation.
Please also note that all references to amenities in this section are exclusively for amenities within WRP’s
control. Repair and maintenance of shared amenities may be out of WRP’s control, and you understand, acknowledge,
and agree that WRP makes no warranty as to the condition, functioning, or operation of any such amenities. If you do
not know whether a specific amenity referenced or pictured in a listing is a shared amenity, please contact WRP to
ask before booking.
13. Safety and Guest Conduct
You have primary responsibility for your own safety and for the safety of anyone that you allow in, on, or around the
Accommodation during your stay. You agree that you must read and that you will read any fire, health, and safety
rules and regulations that are provided or otherwise made available to you and that you will listen to any
instructions or explanations that are provided. It is your responsibility to bring any concerns regarding the
Accommodation to the attention of WRP and to ask any questions that you may have if you do not understand any of the
guidance or instructions provided. You understand, acknowledge, and agree that any breach by you of this “Safety and
Conduct” section, including its subsections, may result in the immediate termination of your Reservation. You agree
that in such case, such termination will be deemed a cancellation by you as described elsewhere in this Agreement.
- a. Health and Safety Risks. If you become aware of anything during your stay that you believe
is a health or safety risk, you agree that you will inform WRP immediately. You further agree that WRP and its
Third Party suppliers will have access to the Accommodation at all times during your stay to address any such
issues. - b. Rule Compliance. You agree to comply with all of WRP’s rules, all local laws and
regulations, any building regulations, and any reasonable directions of WRP and its Third Party Suppliers. WRP’s
rules will be supplied to you on or before your check-in. - c. Unauthorized Guests. You may not allow any person other than the person(s) named in the
Booking to occupy the Accommodation at any time, except the total number of additional guests as may be
specified in the Booking, without substitution. For the avoidance of doubt, this means that, for example, if you
book an Accommodation for three people, no more than three different people may enter the Accommodation during
your Reservation, and you may not have one person stay for part of your Accommodation Period followed by a
different person substituting for that first person later in the Accommodation Period, unless both of those
people are identified as different additional guests in your Booking prior to confirmation. This Agreement is
personal to you and may not be transferred or assigned to any other person(s). You agree that you will not allow
any person other than the person(s) named in the Booking to access or occupy the Accommodation, unless requested
in writing and approved in writing by WRP.- i. Overoccupancy Termination. In the event that you have permitted any unauthorized person
to enter or otherwise occupy any Accommodation, the premises, or the property, or have exceeded any guest
limit as referenced-below, WRP reserves the right to immediately terminate your Reservation, with such
termination to be deemed a cancellation by you.
- i. Overoccupancy Termination. In the event that you have permitted any unauthorized person
- d. Guest Limits. Your Booking specifies the maximum permitted number of guests who are
authorized to stay in the Accommodation during your Accommodation Period. If you allow more than the maximum
number of people, regardless of age (infants included), to occupy or stay in the Accommodation, including via
additional guest substitutions, you will be liable to pay a supplement of up to 100% of your effective daily
rate for each unauthorized guest. For the avoidance of doubt, the maximum number of guests applies to all
potential entrants, including, inter alia, overnight guests, day visitors, children, and infants. - e. Basic Guest Expectations. In addition to complying with the terms of this Agreement, WRP’s
rules, and any rules of WRP’s respective Third Party Suppliers, you also agree that you will:- i. Behave in a civilized manner and be good neighbors, respecting the rights of all surrounding property
owners; - ii. Not create any noise or disturbance likely to disturb or annoy any surrounding property owner;
- iii. Not cause, create, initiate, enable, perpetuate, or permit in any way a party of any sort not
explicitly authorized in advance, in writing, by WRP; - iv. Keep the Accommodation clean, tidy, and orderly, and leave the Accommodation in the same or better
condition as you found it; - v. Not keep or take any pets or animals into the Accommodation (unless otherwise agreed with WRP for an
Accommodation specified as pet-friendly in the Confirmation of Booking. Please note that consistent with
WRP’s nondiscrimination policy, we welcome Guests with Service Animals to book consistent with ADA
guidelines. We encourage transparent communication in advance, so we can be sure to provide the best
Accommodation to suit your needs. Please note that if you bring an animal on the premises or into an
Accommodation, you may be asked to remove the animal, even if it is a service animal, if:- 1. The animal is out of control and the animal’s handler does not take effective action to control it;
or - 2. The animal is not housebroken.
- 1. The animal is out of control and the animal’s handler does not take effective action to control it;
- In either scenario, provided you have not otherwise violated these Terms, you may be given an opportunity to
use the Accommodation without the animal if you so choose. Given their role in providing service, a Service
Animal should never be left alone in an Accommodation. You understand, acknowledge, and agree that the
presence of a Service Animal does not absolve you of any other obligation under this Agreement including
obligations regarding noise, disturbances, and damage or losses. If you have a Service Animal, that Service
Animal may be prohibited from entering a shared space where such entry would create a health or safety
hazard to others on the premises (e.g. allergic reactions) or where the Service Animal’s presence is
prohibited by law. With respect to treehouse Accommodations, please note that, by law, non-native animals
are not allowed in the Great Smoky Mountains National Park; - vi. Not do anything that will or might constitute a breach of any consents in relation to the Accommodation
or that will or might be in breach (in whole or in part) of any insurance in effect with respect of the
Accommodation from time to time; - vii. If the Accommodation is part of a building or complex with common areas, not obstruct or leave any
objects or waste in any common areas; - viii. Not leave any object, waste, or obstruction outside of the Accommodation;
- ix. Not do or permit to be done in, on or around the Accommodation anything which is or which may be or
become a nuisance (whether actionable or not), damage, annoyance, inconvenience, or disturbance to WRP, or
to tenants or occupiers of the building or any owner or occupier of any neighboring property, including,
inter alia, playing loud music or musical instruments, smoking, dancing, entertaining at the Accommodation,
or moving furniture; - x. Not conduct any illegal activity in, on, around, or from the Accommodation;
- xi. Not conduct any business or commercial activity whatsoever in, on, around, or from the Accommodation.
This includes film, video, digital, and photo shoots; - xii. Not make any change, modification, alteration, or addition whatsoever to the Accommodation or its
contents; - xiii. Not use the Accommodation for any purpose other than for personal accommodation;
- xiv. Not invade the privacy of any of WRP’s neighbors, if any, or publish or reveal anything that might
allow a third party to identify the address of the Accommodation or the identity any of the neighbors of the
Accommodation, if any, or any personal information regarding such neighbors, if any, or the Accommodation
(even if such information is already in the public domain); - xv. Acknowledge and obey WRP’s rules and be mindful of potential risks including, without limitation,
balconies, swimming pools, hot tubs, golf courses, trampolines, fitness equipment, and other recreational
equipment; - xvi. Not to access any cupboard, drawers, or storage areas that are locked or otherwise barred from access.
You may be subject to a charge for any attempt to open any such locked, secured, or restricted area; - xvii. Respect and follow all check-out procedures in connection with your Booking.
- i. Behave in a civilized manner and be good neighbors, respecting the rights of all surrounding property
- a. Health and Safety Risks. If you become aware of anything during your stay that you believe
You agree that if you violate any of the above-refenced “Basic Guest Expectations,” WRP may immediately terminate
your Reservation, that you will immediately vacate the Accommodation upon such termination, and that such
termination shall be deemed a cancellation by you, as described elsewhere under this Agreement.
- f. Indemnification. You hereby agree to defend, indemnify, and hold harmless, to the fullest
extent permissible by applicable law, WRP and its Third Party Suppliers, their respective parents, subsidiaries,
and affiliates, and their respective directors, officers, employees, contractors, heirs, administrators,
representatives, successors and assigns (collectively, the “Indemnified Parties”) in respect of any and all
costs, claims, damages, liabilities, and expenses whatsoever (including, without limitation, attorneys’ fees and
disbursements) suffered or incurred by any of the Indemnified Parties, arising out of or relating to a breach or
alleged breach by you of this Agreement, including, without limitation, this section and its subsections. You
further agree to defend, indemnify, and hold harmless, to the fullest extent permissible under the law, WRP, its
parents, subsidiaries, and affiliates, and their respective directors, officers, employees, contractors, heirs,
administrators, representatives, successors and assigns from and against any and all liability, claims, loss,
property damage or expenses (including, without limitation, attorneys’ fees and disbursements) arising by reason
of any injury, damage, fine, penalty, loss of personal belonging, theft of property, death, or damages sustained
by any person, or to the property of any person, including you, which is made, incurred, or sustained by you
arising out of or in connection with your Booking or stay, and including where such injury death or damage is
caused by your negligent, reckless, or intentional act or omission. - g. Risk of Loss. You agree that you shall bear the sole and exclusive risk to any personal
property, furnishings, personal affects and other items brought into the Accommodation or surrounding property
by you. Such risk shall include, inter alia, theft, damage, destruction, or other loss, and you agree that WRP
shall be in no way responsible therefor. - h. Property Damage. A written or video inventory may have been taken prior to the commencement
of your stay. You must notify WRP of any damage to the Accommodation, contents, fixtures, or fittings that
occurs during your stay or that you discover upon arrival, even if you regard the damage as minimal or normal
wear and tear or if you do not believe the damage is your fault. If you do not notify WRP of any such damage,
you will be fully responsible for such damage on a full replacement cost basis. You have authorized WRP to
charge any property damage for which you are responsible to the credit or debit card account supplied by you.
Any charges for property damage will be charged to such credit or debit card account. You acknowledge that
pursuant to the provisions of this Agreement relating to Credit Card Authorization above, WRP has obtained a
pre-authorization for such charges as noted above. - i. Liability and Claims. Any claims made by you under this Agreement must be made initially
through WRP. In accordance with WRP’s rules and the Guest Services Agreement, WRP has the authority to negotiate
and settle claims. You agree that WRP will not have any liability for any business, financial, or economic loss
or for any consequential, incidental, special or indirect losses such as lost reputation, lost bargain, lost
profit, loss of anticipated savings, or lost opportunity arising as out of or in connection this Agreement, the
Accommodation, or the Booking (whether such loss arises as a result of negligence, breach of contract, tort, or
otherwise by WRP or any agent or Third Party providing services on behalf of WRP). This Agreement, WRP’s rules,
and your agreement with any Third Party Supplier set forth your relationship with each of the foregoing and the
limitations of liability relating thereto. Subject to any exceptions set forth in applicable law, WRP’s
liability for all losses (including, without limitation for property damage, personal injury and death and
whether such claim arises out of breach of contract, tort, negligence or otherwise) will be limited to the cost
of obtaining a replacement accommodation for the agreed Accommodation Period or the amount of the Accommodation
Fees and charges payable by you, whichever is the higher amount. The Accommodation is a private residence and
WRP is not responsible for any accidents, injuries, illness and deaths that occur on, in, around or from the
Accommodation or for any loss of your personal belongings or valuables. You are responsible for obtaining any
vacation, travel or rental insurance which you believe is appropriate with respect to your stay at the
Accommodation.
14. Right of Entry
You acknowledge, understand, and agree that WRP, whether directly or through an agent, may enter any property or
Accommodation during your Accommodation Period at any reasonable time with reasonable advance notice, for the any
reasonable purpose, including, inter alia, to conduct an inspection, for conducting, assisting with, or enabling
maintenance, or to show an Accommodation to prospective or actual licensees, renters, or purchasers. You agree that
if WRP has a reasonable belief that any imminent danger or harm may exist to any person, fixture, appliance,
appurtenance, property, Accommodation, or any part thereof, that WRP may enter the property or Accommodation without
advance notice. Notwithstanding the foregoing, in the event that your reservation is terminated, by you or by WRP,
and you remain at an Accommodation, premises, or surrounding property thereafter, you agree that WRP, either
directly, indirectly, or through law enforcement, may use any lawful means to remove you and your belonging from
such Accommodation, premises, or surrounding property.
15. User Conduct, Compliance with Laws
You understand and agree that you are solely responsible for compliance with any and all laws, rules, and
governmental regulations that may apply to your use of the Services. In connection with your use of any
Accommodation, Booking, Site, or Service, you may not and you agree that you will not:
- a. Violate any local, state, provincial, national, or other law or regulation, or any order of a court,
including, without limitation, zoning restrictions and Tax regulations; - b. Use any manual or automated software, devices, scripts robots, other means or processes to access, “scrape,”
“crawl” or “spider” any web pages or other services contained in the Site, Application, Services or Content; - c. Use the Services for any commercial or other purposes that are not expressly permitted by these Terms;
- d. Copy, store or otherwise access any information contained in the Services for purposes not expressly
permitted by these Terms; - e. Infringe the rights of any person or entity, including without limitation, their intellectual property,
privacy, publicity or contractual rights; - f. Offer any Accommodations that you do not yourself own as a rental property, residential property, or other
property not otherwise expressly permitted under these Terms; - g. Offer any Accommodation for sale, rental, lease, sublease, license, assignment, or sublicense in any manner
not otherwise expressly permitted under these Terms; - h. Assign or sublease the Accommodation or permit the use of any portion of the surrounding property or of the
Accommodation by other persons except as expressly permitted by the Agreement. - i. Recruit or otherwise solicit any third party or other User to join third party services or websites that are
competitive to WRP, without WRP’s prior written approval; - j. Attempt to circumvent any fees charged or collected by WRP by soliciting third party service providers that
you know or have reason to know are utilized by WRP in providing the Services; - k. Post, upload, publish, submit, or transmit any User Content that: (i) infringes, misappropriates or violates
a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights,
or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable
law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive;
(iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism,
hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence
or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or
substances; - l. Use, display, mirror or frame the Services, or any individual element within the Services, WRP’s name, any
WRP trademark, logo, or other proprietary information, or the layout and design of any page or form contained on
a page, without WRP’s express written consent; - m. Attempt to decipher, decompile, disassemble, or reverse engineer any of the Services or software used to
provide the Services; or advocate, encourage, or assist any third party in doing any of the foregoing. - n. Make or attempt to make any Booking under false pretenses or with false or inaccurate information, including,
inter alia, name, age, size of group, payment information, or identity.
WRP reserves the right to investigate and prosecute violations of any of the above to the fullest extent of the law.
WRP reserves the right, at any time and without prior notice, to remove or disable access to the Site, Services, or
any content that WRP, in its sole discretion, considers to be objectionable for any reason, in violation of these
Terms, or otherwise harmful to the Company, Site, or Services. You agree that if you violate any of the provisions
of this Section or its subsections, your Booking will be subject to immediate termination by WRP, that any such
termination will be deemed a cancellation by you as described elsewhere in this Agreement, that you and your
belongings will be subject to immediate removal from the Accommodation, premises, and connected property.
16. Enforcement, Reasonable Attorneys’ Fees
If you fail to comply with the conditions and obligations of this Agreement, you agree to immediately surrender and
vacate any Accommodation and property on which the Accommodation lies, to remove all of your personal property and
belongings, and to leave the Accommodation in good order, free of damage. If WRP needs to or elects to engage legal
counsel to enforce any of the conditions of this Agreement or WRP’s rules, to collect any amounts due, or to remove
you or your belongings from the Accommodation, you shall be responsible for all attorneys’ fees and disbursements
incurred in connection with the foregoing. If any legal action becomes necessary between you and WRP, the prevailing
party shall be entitled to recover reasonable attorney’s fees and disbursements from the other party.
17. Limitation of Liability
You understand, acknowledge, and agree that WRP is a service provider and is not a real estate broker, agent, escrow
company, insurer, remarketer, property manager, or concierge. WRP provides Services to Guests, either directly or
via Third Party Suppliers, though WRP has no direct control over the conduct of parties that are not WRP employees.
Accordingly, you agree that WRP is not responsible for any liability related to any Services or Accommodations
arising out of or in connection with the conduct of any Guest or any third-party. By using the Services, you agree
that any legal remedy or liability that you seek to obtain for acts or omissions of Users or third parties will be
limited to claims against such particular Users or third parties, and you agree not to attempt to impose liability
on, or seek any legal remedy from, WRP with respect to acts or omissions of any such User or third-party. You
understand, acknowledge, and agree that, to the maximum extent permitted by law, any and all risk arising out of or
in connection with your access to, and use of, the Services, a Listing, or the use or Booking of any Accommodation,
remains solely with you. Neither WRP nor any other party involved in creating, producing, or delivering the Site,
Services, or any content connected thereto, will be liable for any incidental, consequential, special, or exemplary
damages, including lost profits, loss of data, loss of goodwill, service interruption, computer damage, system
failure, or the cost of substitute products or services, or for any damages for personal or bodily injury or
emotional distress arising out of or in connection with any Accommodation, Booking, Listing, or Services, whether
based on a theory of warranty, contract, tort (including negligence), product liability, or any other legal theory,
and whether or not WRP has been informed of the possibility of such damage. In no event will WRP’s aggregate
liability arising out of or in connection with these Terms and your use of the Services exceed any amounts you have
paid for bookings in connection with the Services in the twelve (12) month period prior to the event giving rise to
any alleged liability, or one hundred dollars ($100) if no such payments have been made. This paragraph 5 is a
material term of this Agreement, and the limitations of damages set forth above are fundamental elements of the
basis of the bargain between WRP and you.
18. User Content
WRP makes no effort to review any User Content for any purpose, including, inter alia, for accuracy, legality, or
non-infringement. WRP is not responsible for any User Content, and you agree that regarding any User Content you
provide to WRP that you are solely and exclusively responsible for any liability arising therefrom and that that
content may be used lawfully and without restriction by you and WRP. We may, in our sole discretion, permit you to
post, upload, publish, submit, or transmit User Content. By making available any User Content on or through the
Services, you hereby grant to WRP a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free
license, with the right to sublicense, use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly
display, publicly perform, transmit, stream, broadcast, access and view such User Content on, through, or by means
of the Services. WRP does not claim any ownership rights in any such User Content, and nothing in these Terms will
be deemed to restrict any rights that you may have to use and exploit any such User Content. You represent and
warrant that: (i) you either are the sole and exclusive owner of all User Content that you make available through
the Services or you have all rights, licenses, consents and releases that are necessary to grant to WRP the rights
in such User Content, as contemplated under these Terms; and (ii) neither the User Content nor your posting,
uploading, publication, submission or transmittal of the User Content or WRP’s use of the User Content (or any
portion thereof) on, through or by means of the Services will infringe, misappropriate or violate a third party’s
patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or
rights of publicity or privacy, or result in the violation of any applicable law or regulation. Notwithstanding the
foregoing, should you furnish WRP with photos to be used in connection with any Listing or for any other purpose,
you agree that WRP is permitted to edit such photos, and the edited result shall constitute a derivative work that
you agree is the sole and exclusive property of WRP and for which you agree that you forfeit any copyright claims
against WRP, whether past, present, or future, threatened, or actual.
19. Proprietary Rights
The Services and all content on the Site are protected by copyright, trademark, and other laws of the United States
and foreign countries. You acknowledge and agree that the Services, including all associated intellectual property
rights, are the exclusive property of WRP and its certain designated licensors. You will not remove, misappropriate,
alter, or obscure any copyright, trademark, service mark, trade secret, know how, show how, or other proprietary
rights incorporated in or accompanying the Services. All trademarks, service marks, logos, trade names and any other
proprietary designations of WRP used herein are trademarks or registered trademarks of WRP. Any other trademarks,
service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks
of their respective parties.
20. WRP Content and User Content License
Subject to your compliance with all terms and conditions of this Agreement, WRP grants you a limited, non-exclusive,
non-transferable license, to (i) access and view any publicly visible content on the Site solely for your personal
and noncommercial use and to (ii) access and view any User Content to which you are permitted access, solely for
your personal and noncommercial purposes. You have no right to sublicense the license rights granted in this
section. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights
owned or controlled by WRP or its licensors, except for the licenses and rights expressly granted in these Terms.
21. Account Registration
To access certain Services or parts of the Site, you may be required to register to create an account with WRP or any
number of its associates, partners, Third Party Suppliers, or affiliates via the Site in order to complete a
Booking. You agree to provide accurate, current, and complete information and content during any such registration
process and to update and maintain such information to keep it accurate, current, and complete. WRP reserves the
right to suspend or terminate any account you created with WRP in our sole discretion. You are responsible for
safeguarding of your personal information, including any password you may create in connection with the Services,
and you agree that you will not disclose your password to any third party and that you will take sole responsibility
for any activities or actions under any account you create in connection with the Services, whether or not you have
authorized such activities or actions. You further agree to notify WRP immediately of any unauthorized use of any
such account of which you become aware.
22. Feedback
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Services
(“Feedback”). You may submit Feedback by emailing us at pminfo@ayresvacationrentals.com.
23. Disclaimers
IF YOU CHOOSE TO USE THE SITE OR SERVICES, YOU AGREE THAT YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT
WRP DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND CHECKS ON ANY USER, INCLUDING, BUT NOT LIMITED TO, ANY OTHER
GUESTS. THE SERVICES ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING
THE FOREGOING, WRP EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET
ENJOYMENT, OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WRP MAKES NO
WARRANTY THAT THE SERVICES, INCLUDING, BUT NOT LIMITED TO, THE LISTINGS OR ANY ACCOMMODATIONS WILL MEET YOUR
REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. WRP MAKES NO WARRANTY REGARDING THE
QUALITY OF ANY LISTINGS, ACCOMMODATIONS, THE SERVICES OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR
RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE SITE OR SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN,
OBTAINED FROM WRP OR THROUGH THE SERVICES, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
24. Notification of Copyright Infringement
WRP respects the intellectual property rights of others and expects its users to do the same. WRP may, in appropriate
circumstances and at its discretion, disable and/or terminate access of any User who repeatedly infringes or is
repeatedly charged with, or accused of, infringing the copyrights or other intellectual property rights of others.
In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S.
Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, WRP will respond expeditiously to
claims of copyright infringement committed using the Services, that are reported to WRP’s Designated Copyright
Agent, identified in the sample notice below. If you are a copyright owner, or are authorized to act on behalf of
one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements
taking place on or through the Site or Services by completing the following DMCA Notice of Alleged Infringement and
delivering it to WRP’s Designated Copyright Agent. Upon receipt of the Notice as described below, WRP will take
whatever action, in its sole discretion, it deems appropriate, including removal of the challenged material from the
Site or Services.
25. DMCA Notice of Alleged Infringement (“Notice”)
You agree, in submitting a DMCA notice to WRP, to identify the copyrighted work that you claim has been infringed, or
– if multiple copyrighted works are covered by this Notice – you will provide a comprehensive list of the
copyrighted works that you claim have been infringed. Additionally, you agree that in your Notice, you will:
- a. Identify the material that you claim is infringing (or to be the subject of infringing activity) and that is
to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate
the material, including at a minimum, if applicable, the URL of the link shown on the Site and Application where
such material may be found. - b. Provide your mailing address, telephone number, and, if available, email address.
- c. Include both of the following statements in the body of the Notice:
- i. “I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not
authorized by the copyright owner, its agent, or the law (e.g., as a fair use).” - ii. “I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am
the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the
copyright that is allegedly infringed.”
- i. “I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not
- d. Provide your full legal name and your electronic or physical signature.
- e. Deliver this Notice, with all items completed, to WRP’s Designated Copyright Agent at the following
address:
WRP Copyright Agent
ATTN: Joseph Ayres
350 Lighthouse Pointe Drive
Lenoir City, Tennessee, 37772
26. General Provisions
- a. Capacity, Authority. You agree that you have the full legal power, capacity, and authority
to enter into this Agreement. - b. Withholding, Setoff. You agree that under no circumstances will you be entitled to withhold,
by way of set-off, deduction, or counterclaim, any amounts that you owe to WRP against any amounts that may be
owed to you. - c. Assignment. WRP will be entitled to assign or sub-contract its obligations under this
Agreement. You may not assign or transfer these Terms, by operation of law or otherwise, without WRP’s prior
written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of
no effect. WRP may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the
foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted
assigns. - d. Force Majeure. WRP will not be liable to you or be deemed to be in breach of this Agreement
by reason of any delay in performing, or any failure to perform, any of its obligations, if the delay or failure
was due to any cause beyond its reasonable control, including, inter alia, severe weather, power or other
utility cut-off, burglary, natural disaster, strikes, governmental action, terrorism, Acts of God, war, civil
unrest, epidemic, pandemic, chemical or biological threat, viral or bacterial outbreak or threat, wildlife
threat or harm, or other similar events of “force majeure”. - e. Severability. The parties agree that the terms of this Agreement are fair and reasonable in
all the circumstances. If, however, any provision of these terms is held not to be valid by a court of competent
jurisdiction but would be valid if part of the wording were deleted, then such provision shall apply with such
deletions as may be necessary to make it valid. If any of the provisions in these terms are held not to be valid
by a court of competent jurisdiction, the remaining provisions of these terms shall remain in full force and
effect. - f. Dispute Resolution.
- i. Mediation. You understand, acknowledge, and agree that any controversies, disputes, or
matters in question arising out of or in connection with this Agreement, any breach thereof, or construction
or interpretation thereof, shall be decided by mediation or arbitration in accordance with this section. The
party who seeks resolution of a controversy, claim, dispute or other matter in question shall notify the
other party in writing of the existence and subject matter thereof, and shall designate in such notices the
names of three prospective professional mediators, each of whom shall be a member of the Tennessee Academy
of Mediators & Arbitrators and based in Knoxville, Tennessee. The recipient party shall select from such
list one individual to act as a mediator in the dispute set forth by the notifying party. The parties agree
to meet with said mediator in the City of Knoxville, Tennessee within two weeks after the recipient party
has received notice of the dispute and agree to utilize their best efforts and all expediency to resolve the
matters in dispute. The mediation shall not continue longer than one (1) hearing day without the written
approval of both parties. Neither party shall be bound by any recommendation of the mediator; however, any
agreement reached during mediation shall be final and conclusive. - ii. Arbitration Agreement. If any dispute is not resolved by such mediation, as
contemplated above, within ninety (90) days from the date of notice as described above, such dispute shall
be decided exclusively by mandatory arbitration in accordance with the Commercial Arbitration Rules of the
American Arbitration Association. You and WRP mutually agree that any dispute, claim or controversy arising
out of or relating to these Terms or the applicability, breach, termination, validity, enforcement or
interpretation thereof, or to the use of the Site or Services (collectively, “Disputes”) will be settled by
binding individual arbitration. If there is a dispute about whether this Arbitration Agreement can be
enforced or applies to our Dispute, you and WRP agree that the arbitrator will decide that issue. Either
party may apply to the American Arbitration Association for a determination of the dispute set forth in the
notification thereof by the originating party. The parties agree that the arbitration shall take place in
the City of Knoxville, Tennessee, and shall be exclusively governed by the laws of the State of Tennessee.
Any award entered or decision made by the arbitrator(s) shall be final and judgment may be entered upon it
in accordance with applicable law in any court having jurisdiction thereof. Each party shall bear its own
expenses for mediation and/or arbitration. Notwithstanding the foregoing, you and WRP each agree that the
following claims are exceptions to the Arbitration Agreement and will be brought in a judicial proceeding in
a court of competent jurisdiction:- 1. Any claim related to actual or threatened infringement, misappropriation or violation of a party’s
copyrights, trademarks, trade secrets, patents, or other intellectual property rights; and - 2. Any claim seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger
or commission of a crime, hacking, cyber-attack).
- 1. Any claim related to actual or threatened infringement, misappropriation or violation of a party’s
- i. Mediation. You understand, acknowledge, and agree that any controversies, disputes, or
- g. Governing Law, Jurisdiction. This Agreement and the legal relations among the parties shall
be exclusively governed by, and construed and enforced in accordance with, the laws of the State of Tennessee,
without regard to its conflict of laws rules. The parties hereby irrevocably and unconditionally:- i. Agree that any action or proceeding, for which Arbitration is impermissible under applicable law, arising
out of or in connection with this Agreement shall be brought only in the state or federal courts situated in
Knoxville, Tennessee (the “Tennessee Courts”), and not in any other state or federal court in the United
States of America or in any court in any other country; - ii. Consent to submit to the exclusive jurisdiction of the Tennessee Courts for purposes of any action or
proceeding arising out of or in connection with this Agreement; - iii. Waive any objection to the laying of venue of any such action or proceeding in the Tennessee Courts;
and; - iv. Waive, and agree not to plead or to make, any claim that any such action or proceeding brought in the
Tennessee Courts has been brought in an improper or inconvenient forum.
- i. Agree that any action or proceeding, for which Arbitration is impermissible under applicable law, arising
- h. Class Action Waiver. You and WRP acknowledge and agree that, to the fullest extent permitted
by law, the parties are each waiving the right to participate as a plaintiff or class member in any purported
class action lawsuit, class-wide arbitration, private attorney-general action, or any other representative
proceeding as to all Disputes. Further, unless you and WRP both otherwise agree in writing, an arbitrator may
not consolidate more than one party’s claims and may not otherwise preside over any form of any class or
representative proceeding. If the class action waiver or class-wide arbitration contemplated hereunder is held
unenforceable with respect to any Dispute, then the entirety of the arbitration provision above will be deemed
void with respect to such Dispute, and the Dispute must proceed in court. If the representative proceeding
waiver in this section s held unenforceable with respect to any Dispute, that waivers may be severed from this
Agreement, and you and WRP agree that any private attorney general claims and representative claims in the
Dispute will be severed and stayed, pending the resolution of any arbitrable claims in the Dispute in individual
arbitration. Furthermore, each party hereto irrevocably waives any right to assert and claims against the other
party as a representative or member in any class action, representative action, or mass action, except where
such waiver is prohibited by law or deemed by a court of competent jurisdiction to be against public policy. To
the extent to which either party is permitted by law or a court of competent jurisdiction to proceed with a
class, representative, or mass action against the other, the parties hereto agree that:- i. The prevailing party shall not be entitled to recover attorneys’ fees or costs associated with
pursuing the class, representative, or mass action (notwithstanding any other provision in this
agreement); and - ii. The party who initiates or participates as a member of the class will not submit a claim or
otherwise participate in any recovery secured through the class, representative, or mass action.
i. Waiver of Right to Trial by Jury. Each party hereto irrevocably waives, to the fullest
extent permissible under applicable law, and right it may have to a trial by jury in any legal proceeding,
directly or indirectly, arising out of or in connection with this Agreement.j. No Waiver. If you breach the terms and conditions of this Agreement and WRP takes no
action or fails to take action on a timely basis, the foregoing shall not be deemed a waiver by WRP of its
rights under this Agreement and WRP will be entitled to take action and enforce its rights and remedies for
such breach.k. Third Party Beneficiaries. WRP’s Third Party Suppliers are third party beneficiaries of
this Agreement and may rely upon this Agreement and enforce this Agreement to the extent necessary to
enforce their respective rights and perform their respective obligations under WRP’s rules and any
agreements between you and such parties.l. Conflicts. Certain areas of the Site or Services may have different terms and conditions
posted or may require you to agree with and accept additional terms and conditions. In the event of such a
conflict between any such terms and these Terms, the former terms and conditions will take precedence with
respect to your use of or access to those specific areas or Services.m. Modification. WRP reserves the right, in its sole discretion, to change, add to, amend,
or otherwise modify the Services or these Terms at any time and without prior notice. Should WRP modify
these Terms, we will post the modification on the Site or provide you with notice of the modification. Any
such change will take effect upon posting on this page. By continuing to access or use the Site or Services
after we have posted a modification or have provided you with notice of the modification, you are indicating
that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, you agree
that your only recourse is to immediately cease using the Services. Be sure to visit this page periodically
to review the most current version of these Terms.n. Notices. You agree that any notices or other communications permitted or required to be
given hereunder, including those regarding modifications to these Terms, or for purposes service of process,
will be in writing and given by WRP either:- i. Via email (in each case to any address that you have provided to WRP);
- ii. Via certified mail; or, as pertains to updates to these Terms;
- iii. By posting to the Site or via the Services.
For notices made by e-mail, the date upon which such notice is sent will be deemed the date on which such
notice is transmitted and received. Any notices or demands made to or of WRP shall be sent to:WRP
ATTN: Joseph Ayres
350 Lighthouse Pointe Drive
Lenoir City, Tennessee, 37772You agree that any notices or demands made to or of you will be sent to any contact information you have
supplied to WRP or any other contact information WRP is able to find in public records that may reasonably
identify you.o. Fair Housing Compliance. This Agreement is taken in full compliance with federal, state,
and local Fair Housing Laws, without regard to race, color, religion, sex, country of origin, handicap, or
familial status.p. Binding Nature. This Agreement becomes binding upon the earliest of receipt of your
initial payment, submission by you of a request to book, or confirmation of a Booking. Sending payment,
requesting to Book, or confirming a Booking constitutes your acceptance and agreement to these terms,
conditions, limitations, and restrictions.q. Integration. This Agreement represents the entire agreement between you and WRP and
supersedes any previous agreements, marketing information, representations or agreements of any kind or
nature between the parties relating to the subject matter hereof and whether recorded in writing, or
otherwise. - i. The prevailing party shall not be entitled to recover attorneys’ fees or costs associated with
If you have any questions about these Terms please email us.