VACATION RENTAL AGREEMENT
THIS IS A VACATION RENTAL AGREEMENT UNDER THE NORTH CAROLINA VACATION RENTAL ACT. THE RIGHTS AND OBLIGATIONS OF THE PARTIES TO THIS AGREEMENT ARE DEFINED BY LAW AND INCLUDE UNIQUE PROVISIONS PERMITTING THE DISBURSEMENT OF RENT PRIOR TO TENANCY AND EXPEDITED EVICTION OF TENANTS. YOUR SIGNATURE ON THIS AGREEMENT, OR PAYMENT OF MONEY OR TAKING POSSESSION OF THE PROPERTY AFTER RECEIPT OF THE AGREEMENT, IS EVIDENCE OF YOUR ACCEPTANCE OF THE AGREEMENT AND YOUR INTENT TO USE THIS PROPERTY FOR A VACATION RENTAL.
This Vacation Rental Agreement (the “Agreement”) is made as of the date last set forth on the signature line below by and between (the “Agent”) as agent for the owner and the individual executing this Agreement below as Tenant (the “Tenant”). For good and valuable consideration and in compliance with the North Carolina Vacation Rental Act, the parties hereby agree as follows:
* Tax rates are calculated as of the time of this Agreement. Tenant shall be responsible for payment of all applicable taxes according to rates in effect at the time of occupancy.
1. Disbursement of Rent and Third-Party Fees. Tenant authorizes Agent to disburse up to fifty percent (50%) of the rent set forth in paragraph 3 above to the owner (or as the owner directs) prior to Tenant’s occupancy of the Premises, and the balance of the rent upon the commencement of the tenancy, a material breach of this Agreement by Tenant, or as otherwise permitted under the Vacation Rental Act. Tenant also authorizes Agent to disburse prior to Tenant’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 Tenant, including but not limited to any fees set forth herein payable to Agent for reservation, transfer or cancellation of Tenant’s tenancy.
2. Maximum Occupancy. The maximum number of guests on the property at any time is limited to ______ persons unless a documented exception is granted by Agent. This will be strictly enforced and failure to comply will result in immediate termination of this agreement and you will be required to vacate the premise immediately.
3. Maximum Vehicles. The maximum number of vehicles permitted at this residence is ________.
4. Security Deposit. In lieu of a traditional security deposit, Agent requires Tenant to purchase a Vacation Rental Damage Protection plan designed to cover unintentional damages to the rental unit interior that occur during your stay provided they are disclosed to management prior to check-out. The policy will pay a maximum benefit of $3000.00. Any damages that exceed $3000.00 or are not covered under the plan will be charged to the credit card on file. If, during your stay at one of our rental properties, an insured person causes any damage to real or personal property of the unit 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 $3000.00. 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 Insurance is purchased at the time of the tenant’s booking. By submitting payment for this plan, you authorize and request Generali Travel Protection and Insurance Services to pay directly the agent any amount payable under the terms and conditions of the Vacation Rental Damage.
5. Generali Travel Protection. Vacation Rental Insurance has been made available with your reservation. Vacation Rental Insurance provides coverage for prepaid, nonrefundable expenses due to certain unforeseeable circumstances that may jeopardize your vacation investment and force you to incur unplanned expenses. We strongly recommend you purchase this valuable protection. Separate terms and conditions apply, read your Description of Coverage/Policy carefully and contact Generali at (866) 999-4018 with coverage questions.
NOTE: Tenant’s decision with respect to the purchase of vacation rental and trip interruption insurance will affect Tenant’s rights in the event of a mandatory evacuation. See paragraph 15 below.
6. Trust Account. Any advance payment made by Tenant shall be deposited in a trust account with Aquesta Bank. Tenant agrees that any advance payment may be deposited in an interest-bearing trust account and that any interest thereon shall accrue for the benefit of, and shall be paid to, the owner (or as the owner directs) as it accrues and as often as is permitted by the terms of the account.
7. 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 Agent 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. Tenant’s breach of any duty contained in this paragraph shall be considered material and shall result in the termination of Tenant’s tenancy.
8. Agent Duties. Agent agrees to provide the Premises in a fit and habitable condition. If at the time Tenant is to begin occupancy of the Premises, Agent cannot provide the Premises in a fit and habitable condition or substitute a reasonably comparable property in such condition, Agent shall refund to Tenant all payments made by Tenant. Agent shall conduct all brokerage activities in regard to this Agreement without respect to the race, color, religion, sex, national origin, handicap or familial status of any tenant
9. Cancellation. All cancellations made more than 90 days from scheduled Check-In Date will be 100% refunded within 10 days of cancellation notification. For Guest cancellations made 90 days or less from Check-In date, all monies are forfeited unless Landlord is able to re-rent the Property under the same (or better) terms and conditions of this Agreement, for the full Term reserved. If the Property is re-rented under the same terms and conditions than this Agreement, Landlord will refund amounts paid. Failure to pay the Final Payment in a timely manner will be considered a cancellation under this subparagraph and will result in forfeiture of the Reservation deposit.
10. Transfer of Premises.
(1) If the owner voluntarily transfers the Premises, Tenant has the right to enforce this Agreement against the grantee of the Premises if Tenant’s occupancy under this 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 this Agreement unless the grantee agrees in writing to honor this Agreement. If the grantee does not honor this 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 this Agreement or receive a refund of any payments made by Tenant. However, if the grantee engages Agent to continue managing the Premises after the transfer, the grantee shall have no obligation under (i) or (ii) above if this Agreement must be honored under the Vacation Rental Act or if the grantee agrees in writing to honor this Agreement.
2) 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 this 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 this 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.
(3) If the owner’s interest in the Premises is involuntarily transferred prior to Tenant’s occupancy of the Premises, the owner is required to refund to Tenant all advance rent paid by Tenant (and other fees owed to third parties not already lawfully disbursed) within 60 days after the transfer.
11. 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. However, Tenant will not be entitled to a refund if, prior to taking possession of the Premises: (i) Tenant refused insurance offered by Agent that would have compensated Tenant for losses or damages resulting from loss of use of the Premises due to a mandatory evacuation order, or (ii) Tenant purchased such insurance from Agent.
12. Expedited Eviction. If the tenancy created hereunder 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 this Agreement (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 this Agreement; or (iv) has obtained possession of the Premises by fraud or misrepresentation.
13. Waiver, Release, Assumption of Risk. In consideration of the Vacation Rental Agreement and the promises and covenants therein, the undersigned, on behalf of himself/herself and the guests, invitees, family members and other third parties permitted on the property by the undersigned and the heirs, assigns and any other person claiming by, under or through the undersigned, agrees as follows:
a) The undersigned acknowledges that there are certain risks associated with lakefront vacation home rental that could involve injury, death, property damage or other harm that could occur to the undersigned or others. The undersigned accepts and voluntarily assumes such risks.
b) The undersigned waives all claims against the Agent its employees, agents, owners, directors, officers, affiliates, property owners represented by Agent and insurers (“Released Parties”) for any injuries, damages, losses or claims, whether known or unknown, which arise during or result from the rental of the vacation home from the Released Parties.
c) The undersigned agrees to indemnify and hold the Released Parties harmless from all losses, liabilities, damages, costs or expenses (including but not limited to reasonable attorney fees and other litigation costs and expenses) incurred by any of the Released Parties as a result of any claims or litigation that the undersigned (or anyone claiming by, under or through the undersigned) may bring against any of the Released Parties to recover any losses, liabilities, cost, damages or expenses which arise during or result from the vacation home rental and its use.
14. Pets. Unless otherwise specifically permitted in this Agreement (including any addendum hereto), no pets shall be allowed on the Premises. Tenant’s breach of this provision shall be considered material and shall result in the termination of Tenant’s tenancy.
I have carefully read and reviewed this Waiver, Release, Assumption of Risk. I understand it fully and execute it voluntarily.
15. Rental Rules. Tenant always agrees to abide by the Rental Rules attached as Exhibit A while at the property and shall cause all members of the rental party and anyone else Tenant permits on the property to abide by the following rules at all times while at the property.
16. Addenda. In addition to Exhibit A “Rental Rules”, various Addendums to this agreement may be executed to update the terms of this agreement for items such as Pets, Watercraft, Events, Etc. Addendums included after the initial agreement date will be confirmed by both parties’ signatures on the Addendum and shall constitute an integral part of this Agreement.
17. Disputes. This Agreement shall be governed by and interpreted in accordance with the laws of the State of North Carolina and shall be treated as though it were executed in the County of Mecklenburg, State of North Carolina. Any action relating to this Agreement shall be instituted and prosecuted only in the Mecklenburg County, North Carolina. You specifically consent to such jurisdiction and to extraterritorial service of process.
18. Entire Agreement. This Agreement, together with the Exhibits attached hereto and the Booking Confirmation, constitutes the entire agreement of the parties. This Agreement supersedes all prior communications, contracts or agreements between the parties with respect to the subject matter addressed in this Agreement, whether oral or written.
19. Responsible Renter. Tenant is an adult at least 25 years of age and will be an occupant of Property during the entire reserved period unless other arrangements are approved in writing by Agent. Guests and all occupants' must have a valid government issued I.D. must be presented upon request. Guest assumes responsibility for actions of all occupants. No keys or entry code will be issued to anyone who is not an adult at least 25 years of age. Any reservation found to be obtained under false pretense will be subject to forfeiture of all payments and deposits and the party will be required to vacate the property immediately.
The parties agree to the terms of this Vacation Rental Agreement, as evidenced by the signatures set forth below.
RENTAL RULES & CODE OF CONDUCT
The vacation rentals that we represent are second homes and vacation homes owned by individuals that also use them. These homeowners have made them available to share with respectful and responsible groups that will treat them the way they would their own homes. While many of our guests are on vacation, the full-time residents that live nearby are not. To maintain the quality of our homes and the peace and quiet of our neighborhoods, all occupants must adhere to the following terms and conditions. Please contact or message us in advance of your booking to make sure this home and our policies are compatible with your group and intended use.
1. No Neighbor Disturbances – Agent has a Zero Tolerance Policy for noise disturbances, over occupancy or house parties that have not been documented & confirmed by the Agent. Noise or contract violations that cause neighbor complaints will result in immediate eviction of all occupants with no refunds given.
2. Guests should not create excessive noise at a level that disturbs neighbors; Code-enforced neighborhood quiet hours are from 10:00p.m. – 8:00a.m. Many of our vacation rentals are equipped with privacy-safe noise level monitoring devices that will measure sound volume only and will automatically notify agent of excessive noise levels inside or outside the residence.
3. Check-In: Check in time is 4:00 pm. Early check-in may be available, please contact Agent for availability and associated costs. Keys or entry codes will be provided approximately 5 days prior arrival. If for some reason, the home is not ready for check-in you will be notified. Please do not attempt to check-in or visit the home prior to the designated Check-in time as it will only delay our teams from completing their assignments.
Upon arrival, please inspect your vacation rental thoroughly and notify us immediately if there is anything not to your satisfaction so we can remedy it ASAP. Despite our best efforts from our dedicated team, it is very difficult for us to ensure that everything is 100% A-OK at our vacation rentals without the assistance of our valued guests. We appreciate you taking the time to ensure that the home is “As Advertised” and is ready for you stay. In addition, we appreciate your patience if there are any issues we need to address. Please keep in mind that our vacation homes are highly desirable and stay booked regularly…leaving us just a few hours in many cases to turn it over for the next guest. Unfortunately, we can only address issues that we are aware of. So please let us know what we can do to make your stay more enjoyable.
4. Check-Out: Check out time is 10:00 am. No holding over. PRIOR WRITTEN APPROVAL IS REQUIRED from Agent for late check- out. Cleaning and maintenance are pre-scheduled, so adhering to the Check-Out Time is very important. A minimum $75-hour fee will be charged for each hour (or portion thereof) past the required check out time and Guest will be liable for any additional damages incurred, but not limited to the cost of supplying alternative accommodations for arriving guests.
5. Check-Out / Cleaning Procedures: Each property is cleaned and inspected prior to your arrival and after your departure, typically in a very short period. Please help us maintain our high standards for cleanliness and efficient unit turnaround by assisting our team prepare for the next guest, just as the previous guest assisted in getting this lovely vacation rental ready for your stay. Your cooperation is sincerely appreciated in the following areas:
- Gather all trash, debris, and discards and move to designated trash areas outside the home. If recycling is available at your location, please also use the recyclable containers that will be plainly identified.
- Load and run the dishwasher.
- Place all used linens and towels on the laundry room floor.
- Return any furniture or items that have been rearranged back to their original location - both inside and outside the home.
- Leave all remote controls in plain sight.
- Refrigerator and unit should be left clean and free of perishable food.
- BBQ cleaned with provided brush.
- Turn-off lights, ceiling fans or other electronics
- In winter, turn heat to 58 º F. In summer, turn air condition to 85º F
- Make sure all doors and windows are closed and locked.
- If applicable, leave keys, garage openers, and/or parking passes on the kitchen counter.
- If unit equipped with a lock-box, please return keys to the lock-box.
- Please depart by your designated Check-out time
- THANKS AGAIN and please have a safe journey home! See you again next year!
6. Smoking is NOT permitted in the residence. There are plenty of comfortable areas outside that smoking is permitted.
7. NO WATERCRAFT WAKE within 50 feet of any shoreline or dock. This is actively monitored by NC Department of Wildlife in addition to this residence’s neighbors who routinely report infractions.
8. People other than those in the Guest party set forth above may not stay overnight in the property. Any other person in the property is the sole responsibility of Guest. Guests are not allowed to exceed the occupancy limit agreed to above.
9. Keep the property and all furnishings in good order. Please immediately report any maintenance issues or damage to the property or its furnishings. Your Vacation Rental Damage Protection Plan is designed to cover unintentional damages to the rental unit interior that occur during your stay provided they are disclosed to management prior to check-out.
10. Only use appliances for their intended uses. The gas grill is to remain in its current location. An additional full propane tank is located on the property, please contact us if you cannot locate it. Generally, they are kept in the garage or near the grill. Please let us know if tank runs out during your stay so we can be sure to refill prior to the next guest’s arrival.
11. Pets are NOT allowed unless they have been permitted by a documented exception outlined in our Pet Addendum.
12. Parking: Parking is limited to the number of vehicle(s) outlined in Paragraph 7 of the Vacation Rental Agreement. Vehicles are to be parked in designated parking areas only. Parking on the road is not permitted. Any illegally parked cars are subject to towing; applicable fines/towing fees are the sole responsibility of the vehicle owner.
13. Housekeeping: There is no daily housekeeping service. While linens and bath towels are included in the unit, daily maid service is not included in the rental rate. We suggest you bring beach towels. We do not permit towels or linens to be taken from the units. Additional cleaning & kitchen supplies are provided in the designated supply closet.
14. Garbage: Any garbage must be stowed in the proper garbage or recycling receptacles located in the designated area. Tall kitchen bags are provided under the sink for your use.
15. Indoor Fireplaces: Please consult your vacation rentals’ amenities list to confirm whether a fireplace may be available during your stay. Availability and specific usability of indoor fireplaces varies widely from vacation rental to vacation rental. Agent will strictly enforce each vacation rentals specific policies. Please call the office if you have any questions to availability of an indoor fireplace.
16. Water and Septic: The majority of our vacation rentals are on well and septic systems. The mineral content in the water is high. During a drought, the well water may have an odor. The septic system is very effective; however, it will clog up if improper material is flushed. DO NOT FLUSH anything other than toilet paper. No feminine products should be flushed at any time.
17. Lawn Irrigation: The house is equipped with an automated lawn irrigation system. The system is set to operate in the early morning hours as to not interrupt your stay. If you have any issues with the system, please let us know asap.
18. All of the units are privately owned: the owners are not responsible for any accidents, injuries or illness that occurs while on the premises or its facilities. The Homeowners are not responsible for the loss of personal belongings or valuables of the guest. By accepting this reservation, it is agreed that all guests are expressly assuming the risk of any harm arising from their use of the premises or others whom they invite to use the premise.