Terms and Conditions
Check-In/Out Time. Check-in time is at 4:00 p.m. EST. While we make every effort to have your home ready promptly, please be prepared for slight delays during peak season, especially in the event of same day check-in/out’s. Your patience is appreciated! Check-out time is 11:00 a.m. EST. Early check-in or late check-out may be an option based on availability.Contact The Horse Shoe Farm to inquire.
Minimum Stays. A two-night minimum stay is required for most homes. Holidays and peak seasons may require three nights or more.
Payment. Agreement to these Terms and Conditions and 50% of the total amount due is required upon booking. The balance is due 30 days prior to arrival. The total amount will be due upon booking if you are within 30 days prior to your rental.
Cancellations. If you find you must cancel your reservation, please do so immediately. 95% of paid prepayments will be refunded when cancelled 90 days before arrival or earlier. If canceled within 90 days of rental check-in, the advance rent payment will NOT be refunded, unless the property is re-rented for the same time period. If the home re-books, you will receive the advance rent payment less a $150. All advance rent payments are non-refundable within 30 days of rental check-in. Failure to pay an unpaid balance forfeits all advance payment and reservation rights.
Refunds. Descriptions, bed sizes, amenities and names of homes are subject to change without notice. Your home will be inspected prior to your arrival to ensure that all equipment is in good working order. In the event of a mechanical failure, we will make every effort to have all reported malfunctions corrected as promptly as possible. The Horse Shoe Farm will not be obligated to offer replacements or refunds in the event of failure or absence of any item, or for any public utility including television or internet service/Wi-Fi. No refunds will be given due to late arrival or early departure. This includes arrivals and/or departures due to inclement weather.
All refunds on credit cards will only be issued less a credit card processing fee of 5% on the original amount charged.
Check-In/Out. In the case of back-to-back reservations, meaning one party checking out and another party checking in on the same day, check-in’s will be moved to 5:00 p.m. EST to allow adequate time for cleaning and readying the home for your arrival. The Horse Shoe Farm reserves the right to amend this schedule as needed to allow for rental availability. A THSF team member will make you aware of any schedule changes prior to arrival/departure. Should a back-to-back reservation occur, early check-in or late check-out may not be available.
Upon check-out, please leave the home in the same condition as when you arrived (unless separate housekeeping arrangements have been made), including but not limited to the cleaning of grills, if used.
At departure, bagged garbage may be left in secure outdoor containers or in the kitchen area if outdoor containers are not provided. If an excessive amount of garbage is left at the property, a minimum $25.00 fee will be charged for disposal. Excessive garbage is defined as more than 3 bags for a reservation up to three nights and more than 5 bags for a reservation up to seven nights. For visits longer than seven nights, interim garbage collection may be scheduled by calling The Horse Shoe Farm. (Additional fees may apply.) Do NOT overfill outdoor garbage containers. For excessive garbage, please dispose of it on your own at the Henderson County Solid Waste Station located at 802 Stoney Mountain Road Hendersonville, North Carolina 28791.
Failure to comply with any of these policies may result in deductions from your security deposit.
Directions; Door Codes. The door access code and/or directions to the property will be emailed to you prior to arrival.
Driving Conditions. Most roads in our area are well maintained. In the late fall, winter, and early spring it is not uncommon to occasionally experience hazardous road conditions due to snow, sleet, or ice. It is strongly recommended that all guests during these seasons have four-wheel drive. Winter road conditions and maintenance are not guaranteed. We do not offer refunds due to road conditions. You are responsible for your transportation. We cannot provide any transportation for guests nor are we responsible for any towing charges you may incur during your stay. There will be NO refunds, allowances, or date changes resulting from your negligence in this matter.
Expedited Eviction. If the tenancy created is for 30 days or less, the expedited eviction procedures set forth in the Vacation Rental Act will apply. Tenant may be evicted under such procedures if Tenant: (i) holds over in possession after Tenant’s tenancy has expired; (ii) commits a material breach of any provision of these Terms and Conditions (including any addendum hereto) that according to its terms would result in the termination of Tenant’s tenancy; (iii) fails to pay rent as required by The Horse Shoe Farm; or (iv) has obtained possession of the Premises by fraud or misrepresentation.
Financial Responsibilities. Guests assume full responsibility for all damages, excessive cleaning charges, and/or any missing items including linens and towels.
Fireplaces. Many of our homes offer the use of indoor and outdoor fireplaces. Gas fireplaces are meant for use in the months of October through April. It is NOT considered an emergency if the pilot light goes out on any gas fireplace during your stay. Firewood is not provided in any of our properties for outdoor fireplaces; however, firewood delivery may be purchased and scheduled for an additional fee. Please inquire for pricing.
Governing Law; Venue. The parties agree that this Agreement shall be governed by and construed in accordance with the laws of the State of North Carolina, and that in the event of a dispute, any legal action may only be instituted in the county where the Property is located.
Hot Tubs & Covers. Hot tubs (The Magnolia Manor ONLY) will be inspected after each rental. If any items such as food, alcohol, soaps or bath products, etc. are found in the hot tub, you will be charged a minimum of $150 as an excessive cleaning fee. Damage to any cover will result in a minimum charge of $500. Covers should remain on the hot tub at all times when not in use. Children under the age of 12, pregnant women and persons with heart conditions or skin sensitivities should not use the hot tub.
Housekeeping. All homes are inspected after each stay and MUST be left in reasonable condition by the inspector’s standards to avoid being charged a minimum additional cleaning fee of $45. This includes but is not limited to hard-to-clean stains on linens, upholstery, and rugs, garbage or yard clean-up, etc. You are responsible for leaving the home clean, neat, and in order along with returning all outdoor furniture to its original location.
Indemnification and Hold Harmless; Right of Entry; Assignment. Tenant agrees to indemnify and hold harmless The Horse Shoe Farm and the owner from and against any liability for personal injury or property damage sustained by any person (including Tenant’s guests) as a result of any cause, unless caused by the negligent or willful act of The Horse Shoe Farm or the owner, or the failure of The Horse Shoe Farm or the owner to comply with the Vacation Rental Act. Tenant agrees that The Horse Shoe Farm, the owner or their respective representatives may enter the Premises during reasonable hours to inspect the Premises, to make such repairs, alterations or improvements thereto as The Horse Shoe Farm or owner may deem appropriate, or to show the Premises to prospective purchasers or tenants. Tenant shall not assign or sublet the Premises in whole or part without written permission of The Horse Shoe Farm.
Tenant agrees to indemnify and hold harmless The Horse Shoe Farm and the owner from and against any liability for personal injury, illness, complications, or death, as a result of coronavirus (COVID-19).
Insects & Wildlife. Please understand you are in the beautiful mountains of North Carolina, and you may occasionally have “uninvited guests.” Refunds will not be given for visits from these “uninvited guests.”
Lost & Found. We will make every effort to locate and return lost items; however, we are not responsible for any lost items. If you feel you might have left something behind, call us and we will return any missing items C.O.D. if we find them.
Mandatory Evacuation. If State or local authorities order a mandatory evacuation of an area that includes the Premises, Tenant shall comply with the order. Upon compliance, Tenant will be entitled to a refund of the prorated rent for each night that Tenant is unable to occupy the Premises because of the order.
Maximum Occupancy. The occupancy of each rental unit is designated on the individual confirmation description. This number is the MAXIMUM total occupancy. Children are counted towards total occupancy unless they are under age of two.
Over-occupancy is considered a SERIOUS VIOLATION of these Terms and Conditions. Any violators will be asked to leave without refund. Any guests found having house parties, non-paying overnight guests, disturbing neighbors with loud, unnecessary behavior, or found with an unauthorized pet will be immediately evicted with no refund and/or prosecuted. The Horse Shoe Farm reserves the right to set a minimum or maximum occupancy.
Pets. Some of our rentals allow pets. Arrangements for pets MUST be made at the time of reservation. A minimum, additional $150 non-refundable pet fee will be charged per pet per week. The total amount of this fee will be made available at the time of reservation depending on property requirements and pet size, type, etc. This allows for any additional cleaning, disinfecting and extermination of the home after pet visits. In addition to all normal charges and fees, pet owners are liable for any damages caused by pets. Note: Some homes may or may not allow for more than one pet per rental. A signed pet policy agreement is required.
Power Outages. In the event of a power outrage, the water on The Horse Shoe Farm (sinks, showers, toilets, etc) may cease to work. We will make every effort to contact Duke Energy and have the power turned back on. No refunds or rent reductions will be made for power outages.
Rates. Rates and amenities advertised on our website are subject to change without notice. Rates quoted are for up to the maximum number of guests the home sleeps and includes end of stay cleaning. Rates vary by season and holiday, thereby assuring vacationers the best rate possible. All rates are subject to applicable state and local taxes and a 3% credit card processing fee (if applicable).
Repairs & Maintenance. While each of our properties are regularly inspected by a member of our maintenance staff, we cannot guarantee against mechanical failure of certain items including but not limited to heating, air conditioning, appliances, TVs/DVD Players, stereo equipment or pools/spas. Please report any inoperative equipment to the rental office immediately. We will make every reasonable effort to have repairs completed quickly and efficiently. No refunds or rent reductions will be made due to mechanical failures or malfunctions, interruptions of utilities, maintenance problems or construction in the area.
Reservations. Reservations may be made by calling (828) 393-3034 or on-line at www.TheHorseShoeFarm.com. We accept Visa, MasterCard, Discover, and American Express.
Security Deposit. The Horse Shoe Farm can charge up to $1,500.00 per property or up to $3,000 for The Magnolia Manor for a Security Deposit to the card on file in the event of lost, damaged, or stolen property up to forty-five  days after my stay. Upon inspection after check-out and if no property is damaged or missing, no charge will be made.
Any security deposit may be applied to actual damages caused by Tenant as permitted under the Tenant Security Deposit Act. In addition, The Horse Shoe Farm may deduct from the security deposit the amount of any cable television charges that are not specifically described in these Terms and Conditions (including any addendum hereto) as being included with the Premises.
Smoking. Smoking is NOT permitted inside any of the homes. Smoking is only permitted on outside porches, decks and patios. We ask that renters dispose of cigarette butts in a clean and safe manner. If it is determined that smoking did occur inside, a minimum fee of $500 will be charged against your damage security deposit credit card in addition to covering the cost of smoke removal and any damages incurred.
Stairs. Several of our properties have a number of stairs leading up to the home making them handicap inaccessible. Please inquire about a home’s accessibility BEFORE making your reservation.
Tenant Duties. Tenant agrees to comply with all obligations imposed by the Vacation Rental Act on Tenant with respect to maintenance of the Premises, including but not limited to keeping the Premises as clean and safe as the conditions of the Premises permit and causing no unsafe or unsanitary conditions in the common areas and remainder of the Premises that Tenant uses; and notifying The Horse Shoe Farm in writing of the need of replacement of or repairs to a smoke detector, and replacing the batteries as needed during the tenancy. Tenant agrees not to use the Premises for any activity or purpose that violates any criminal law or governmental regulation and may use the Premises for residential purposes only. Tenant’s breach of any duty contained in this paragraph shall be considered material, and shall result in the termination of Tenant’s tenancy.
As we navigate COVID-19 in North Carolina and Henderson County, Tenant must comply with all rules and regulations posted by the North Carolina Health and Human services ( https://www.ncdhhs.gov/divisions/public-health/covid19/covid-19-guidance) during their stay at The Horse Shoe Farm. This can include but is not limited to: social distancing guidelines, use of the common spaces, rules on mass gatherings, etc. Tenants are not permitted to stay on the farm if they are exhibiting signs of the virus for the safety of our guest and staff, and will promptly be asked to leave.
Transfer of Premises. (a) If the owner voluntarily transfers the Premises, Tenant has the right to enforce their rental agreement against the grantee of the Premises if Tenant’s occupancy under that agreement is to end 180 days or less after the grantee’s interest in the Premises is recorded. If Tenant’s occupancy is to end more than 180 days after such recordation, Tenant has no right to enforce the terms of that agreement unless the grantee agrees in writing to honor that agreement. If the grantee does not honor the agreement, Tenant is entitled to a refund of all advance rent paid by Tenant (and other fees owed to third parties not already lawfully disbursed). Within 20 days after transfer of the Premises, the grantee or the grantee’s agent is required to: (i) notify Tenant in writing of the transfer of the Premises, the grantee’s name and address, and the date the grantee’s interest was recorded; and (ii) advise Tenant whether Tenant has the right to occupy the Premises subject to the terms of the rental agreement or receive a refund of any payments made by Tenant.
(b) Upon termination of the owner’s interest in the Premises, whether by sale, assignment, death, appointment of a receiver or otherwise, the owner, owner’s agent, or real estate agent is required to transfer all advance rent paid by Tenant (and other fees owed to third parties not already lawfully disbursed) to the owner’s successor-in-interest within 30 days, and notify Tenant by mail of such transfer and of the transferee’s name and address. However, if Tenant’s occupancy under that agreement is to end more than 180 days after recordation of the interest of the owner’s successor-in-interest in the Premises, and the successor-in-interest has not agreed to honor that agreement, all advance rent paid by Tenant (and other fees owed to third parties not already lawfully disbursed) must be transferred to Tenant within 30 days.