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THIS IS THE VACATION RENTAL AGREEMENT UNDER THE NORTH CAROLINA VACATION RENTAL ACT. THE RIGHTS AND OBLIGATIONS OF THE PARTIES TO THIS AGREEMENT ARE DEFINED BY LAW AND INCLUDE UNIQUE PROVISIONS PERMITTING THE DISBURSEMENT OF RENT PRIOR TO TENANCY AND EXPEDITED EVICTION OF TENANTS. YOUR SIGNATURE ON THIS AGREEMENT, OR PAYMENT OF MONEY, OR TAKING POSSESSION OF THE PROPERTY AFTER RECEIPT OF THE AGREEMENT, IS EVIDENCE OF YOUR ACCEPTANCE OF THE AGREEMENT AND YOUR INTENT TO USE THIS PROPERTY FOR A VACATION RENTAL. THE MANAGEMENT FIRM SHALL CONDUCT ALL BROKERAGE ACTIVITIES IN REGARD TO THIS AGREEMENT WITHOUT RESPECT TO THE RACE, COLOR, RELIGION, SEX, NATIONAL ORIGIN, HANDICAP OR FAMILIAR STATUS OF ANY TENANT.
TERMS AND CONDITIONS
In consideration of the rent received and mutual promise herein, the Owner of the subject property, through Island Real Estate, Inc., (IRE), his Agent, does hereby lease and rent to the Guest (the person whose name appears below) the certain property described above (the Premises), under the following terms and conditions:
1. Agency Disclosure: Island Real Estate, Inc., is the agent of the owner of the subject property and represents the interest of that owner. Rental Agreement is subject to the Vacation Rental Act (VRA).
2. Property Description: We have
tried to provide accurate information but cannot be held responsible
for errors, omissions or changes. Island Real Eastate, Inc. cannot
guarantee the presense of particular listed furnishings because they
may change from time to time depending on the owner's wishes. Every
rental property is privately owned and reflects that individual owner's
tastes. It is the responsibility of the Guest to ensure that this
property meets his/her requirements for space, accomadations, physical
condition and amenities. Some things are beyond our control. Weather,
TV and other electronic breakdowns, cable Internet or phone on the
"fritz," construction nearby, beach access location, etc. Our staff
will make every effort to make your stay a pleasant one, but some
things are beyond our control and do not entitle you to a refund.
Linens may be provided for an additional fee on confirmed reservations.
Advanced notice is necessary. Linens are not included unless specified.
($15.00 per bed including both linen.)
3. Occupancy: Guest agrees that
the maximum occupancy stated on the front side shall not be exceeded
at any time. Occupancy count includes children of all ages and
guests of Guest. Tenancy is for family groups only. Non-family
groups include, but are not limited to, groups of high school and
college- aged people. House parties organized to celebrate graduation,
proms, fraternity, sorority, or other school functions are specifically
not allowed.
House parties will be evicted immediately. Any group renting
this property under false pretenses shall be immediately evicted. Identification
shall be presented if requested. Guest signing this Agreement
shall be 25 or more years old and actually take possession of
the property. NO
refund will be given if occupancy is terminated as a result of
a violation of our rental regulations. We reserve the right to
discontinue occupancy if in our sole opionion it is detrimental
to the premises. No hook-ups allowed of tents, campers or motor
homes.
4. If this tenancy is for less than thirty days, Guest is subject to expedited eviction as set forth in Article 4 of the N.C. Vacation Rental Act (NCGS 42A). Events that would constitute material breach of this agreement by guest and terminate tenancy include but are not limited to: damage to the Property, pets in a non-pet Property, smoking in a non-smoking Property, nonpayment of rent, hold over in possession beyond check-out time, house parties, property rental obtained through fraud or misrepresentation, and violations of the NC Vacation Rental Act which is hereby incorporated into this Agreement.
5. Guest agrees that all payments,
including the Security Deposit, will be placed in an insured interest
bearing trust account with Bank of America, 204 Roland Ave., Surf
City, NC with the interest accruing to Island Real Estate, Inc. Guest
authorizes Agent to disburse prior to Guest's occupancy of the
Premises, any fees owed to third parties to pay for any goods,
services, or benefits procured by Agent for the benefit of Guest,
including but not limited to any fees set forth herein payable
to Agent for reservation, transfer or cancellation of Guest's tenancy.
The Security Deposit may be applied toward actual damages and
other deductions as permitted by the North Carolina Security Deposit
Act. POM security deposit waiver may be purchased in lieu.
6. Balance payment is due thirty
days before check-in. No further notice will be given. No personal
checks will be accepted after this deadline. Payments made after
the deadline must be made by certified check, money order, cash
or traveler's checks. A $25
fee will be charged on all returned checks. Guest is responsible
for sales and occupancy taxes calculated as of the date of occupancy.
Taxes shall be disbursed upon termination of occupancy or material
breach of this agreement. Reservation Payment: A 50% deposit
is required to confirm each reservation consisting of one-half
(1/2)
of the rent, $25 convienence fee if credit cards are used for
payment (Visa or Mastercard only) $45 processing fee, security
deposit
unless waiver is purchased ($35), and trip insurance (unless
waived). Your reservation deposit and a signed license agreement
are needed
to confirm your reservation. All unconfirmed reservations
will automatically be cancelled if a deposit is not received within
10 days of making the reservation.
7. Cancellation: In the event of
a cancellation (must be in writing, signed & dated), no monies will
be refunded unless Agent is able to re-rent property for same time
and rate. In that event, Guest will receive a refund less 20% and
any other fees incurred on Guest's behalf. Cancellation requests
can be sent via fax or US Mail.
8. Vacation Investment Insurance: Trip
insurance is offered through CSA Travel Protection, covering loss
of rent payments made because of certain unforeseen circumstances,
illnesses, and injuries. It includes coverage for mandatory hurricane
evacuations. The cost of this insurance begins at 4% of the base
rental and is automatically added and due with Guest's first advance
rent payment. Details outlining benefits, exclusions and limitations
are in the CSA brochure included with this Agreement as an Addendum.
If Guest does not want this coverage, he may delete the charge
by initialing where indicated on the front of the lease. Guest's
premium payment is distributed to the insurance company by IRE
in advance of the Guest check-in and is
not refundable. Island Real Estate, Inc., as agent
for the insurance company, receives a commission on this insurance
premium. (800-554-9839 - CSA Travel Protection or www.vacationrentalinsurance.com)
9. State
or local authorities order a mandatory evacuation
of an area that includes the Premises, Guest must comply
with that order. Guest shall not be entitled to any refunds
if they did not purchase travel insurance. Guest who purchase
travel insurance shall file claims with CSA Travel Insurance
for reimbursement.
10. In the event the Owner transfers this
property prior
to occupancy by Guest, Guest has the right to enforce this agreement
if the rental is to end 180 days or less after the transfer of
ownership. If more than the above 180 days, Guest has no enforcement
rights unless the Grantee agrees to honor this rental. However,
Guest has a right to a refund of all moneys paid less any insurance
and reservation fees. IRE will promptly notify Guest if Property
is transferred.
11. Tenant's Duties: Guest
agrees to comply with all obligations imposed by the NC Vacation
Rental Act on Guest with respect to maintenance of the Premises,
including but not limited to keeping the Premises clean and safe
as conditions of the Premises permit and causing no unsafe or
unsanitary conditions in the common areas and remainder of Premises
the Guest uses. Guest agrees not to use the Premises for any
activity or purpose that violates any criminal law or governmental
regulation. Guest's breach of any duty contained in this paragraph
shall be considered material, and shall result in the termination
of tenancy. Guest shall report any existing damages found within 24 hours of his arrival or be subject to being charged for said damages.
12. Pets: Properties that do
not allow pets prohibit pets of any kind anywhere on the premises. Guests
found with a pet on the premises of a property that does not
allow pets will be subject to immediate eviction. Pets
found on properties that allow pets, but where pet is undeclared
and the pet fee is unpaid, shall be charged $200 per pet. Pets
are welcomed in some properties; they are marked with a paw
print. However, an additional $125 pet fee plus tax will be charged
in
"pet friendly" cottages.
13. No Smoking Properties: Use
of cigarettes, pipes and cigars are prohibited inside properties
listed as "No Smoking."
Failure to observe this prohibition shall result in immediate
eviction.
(Smoking is permitted on decks.)
14. Check-in time is between 3:00 PM and 5:00 PM on
the day of arrival. You must check in at office. Do not go to
the rental property prior to check-in. Late arrivals should make
prior arrangements with IRE.
15. Check-out: All properties must be vacated by 10:00 AM on day of departure. Failure
to do so may result in an extra day's rent being charged. Guest
shall return all keys, passes, etc., to the IRE office or Guest
will be charged a $25 fee for each item not returned.
16. Telephones: Guest shall
not charge any long distance call to the phone in the Premises.
A $10 per call service charge plus the cost of any such
calls will be charged to the Guest. Please keep in mind; some
units do not have a phone.
17. Grills: Fines and prosecution
may result from the use of grills on decks, porches or too near
a building. (Check local fire codes for proper distance.)
18. Homeowners Association Rules: Guest
agrees to abide by any applicable Homeowner Association rules
or Owner's rules posted in the Premises.
19. Owner's Closets: The Premises
may contain a locked owner's closet, chest or cabinet for the
Owner's personal use and is not part of this rental agreement.
20. Thermostats for heating
and cooling shall not be set below 70 degrees for air conditioning
nor above 75 degrees for heating. The refrigerator temperature
dial shall not be set to anything other than mid range. The
cost of unnecessary service calls shall be charged to Guest.
21. Guests locked out after hours will
be charged a $60 fee for Island Real Estate, Inc., personnel
to come unlock the door.
22. Maintenance: Sometimes
things break down. Report any inoperative appliances or equipment
immediately. We will make every effort to have them repaired
as soon as possible. No pro-rated refunds will
be given for equipment breakdowns or utility interruptions. After
hours and Sunday repairs will be for emergency situations only.
Guest will be charged for unwarranted service calls.
23. Cleaning: If cleanliness
or property is not satisfactory to Guest, it must be reported
within 2 hours of taking occupancy. Report to office from 9am
- 5pm, Monday through Saturday. After hours and on Sundays, report
to pager (910-346-0481). If not reported within 2 hours,
IRE will consider the unit's condition as satisfactory. No refunds will be given.
However, if reported within 2 hours, housekeeping staff will
return to clean your list of unsatisfactory items. Guest is responsible
for completion of the items on the IRE cleaning list issued to
Guest at check-in, including, but not limited to , washing all
dishes, closing and locking windows and doors. Dirty linen should
be removed prior to and placed inside the front door. Guest shall
place all trash inside trash cart and roll it to the street prior
to departure. Guest understand that IRE will charge Guest for
failure to do the above items and also for picking up any excess
garbage left by the trash service. All unopened nonperishable
food may be donated to the Faith Harbor Methodist Church food
pantry by dropping it by Island Real Estate on your way home.
24. Agent Entry: Guest agrees that IRE or its agents may enter premises for purpose of effecting necessary repairs and/or maintenance, for showings or other necessary purposes.
25. Substitution of Property: In the event of unforseen circumstances, a similar rental will be provided should the original guest rental become unavailable or uninhabitable.
26. Indemnity: Guest agrees to release, indemnify and hold harmless IRE and owner from and against all liability for injury to the person of the Guest, to any member of his party or any Guest resulting from any cause. This indemnification specifically includes use of any spas, swimming pools, hot tubs and whirlpools if on Premises.
27. Limitations of Remedies: At
the beginning of occupancy, if Owner/Agent cannot provide the Premises
in a fit and habitable condition or substitute a reasonably similar
property, Guest hereby agrees that IRE and Owner's sole liability
as a result of this condition is a full refund of all monies previously
tendered by the Guest under this Rental Agreement. Guest expressly
acknowledges that in no event shall IRE or the Owner be held liable
for consequential or secondary damages, including, but not limited
to, any expense incurred as a result of travel, re-renting, etc.
Guest shall not be entitled to any refund due to unfavorable weather
conditions, hurricane evacuation, failure of a major appliance
or air conditioning system, or disruption of utility services including
cable TV or phone. Guest shall not hold IRE or Owner liable for
acts of theft or vandalism or other damage to Guest's personal
property. Provisions of this Agreement shall be construed according
to North Carolina law in the event of a dispute. In the event of
a dispute, both parties agree that any legal action may only be
instituted in the county where this
company is located.
28. "Peace of Mind": This optional
Security Deposit Waiver Plan protects you from theft or damage which results
from an accident within the unit. The Damage Waiver does not cover negligent
or willful and wanton conduct. For a full description of the plan, please refer
to the enclosed Description of Coverage detailing full terms and conditions that
apply. If a Description of Coverage is not enclosed, contact IRE for a copy.
You must notify IRE of any damage or theft to the unit during your occupancy,
or this plan is void. Payment for the POM Plan will not be accepted after the
guest occupies the unit. If you decide not to purchase the POM Plan, a security
deposit will be added to the final balance. To decline, strick through charge
on the front of the lease. IRE receives a fee for this program.
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