Atlantic Realty of the Outer Banks Vacation Rental Agreement
THIS IS A VACATION RENTAL AGREEMENT UNDER TITLE NORTH CAROLINA VACATION RENTAL ACT (VRA). 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 THIS AGREEMENT, IS EVIDENCE OF YOUR ACCEPTANCE OF THE AGREEMENT AND YOUR INTENT TO USE THIS PROPERTY AS A VACATION RENTAL (G.S.42-A). VRA DOES NOT APPLY TO RENTALS FOR BUSINESS OR EMPLOYMENT PURPOSES.
1. RESERVATION PAYMENT - Once a reservation is made, you will receive a Vacation Rental Agreement either by email or by logging on to Tenant Access. Please read it carefully, initial and sign where indicated and return the Agreement along with the advance payment amount indicated on the Vacation Rental Agreement plus travel insurance (if desired). Payments must be received within 48 hours of booking a reservation or the reservation will be cancelled without notice. Due to the high demand for rental properties, we cannot hold unconfirmed reservations longer than 48 hours. The full balance of the rent, taxes, fees, and security deposit (if applicable) is due 45 days prior to arrival. Please mark your calendar as NO INVOICE is mailed for the payment of balance. Payments can be made in the form of personal check, money order, cashier's check or Visa, Mastercard, Discover (no additional fee). Personal checks will not be accepted if there is less than 30 days before arrival. There will be a $25 charge for returned checks. Agent reserves the right to cancel any reservation that is not paid in full 30 days prior to arrival. If a reservation is made within 30 days of check-in, the full amount is due the date the reservation is made. Agent is authorized to place all rent payments in Agent's Trust Account located at Townebank/OBX Bank in Kitty Hawk, NC with any interest accrued payable to Agent, then disbursed to the Owner at the end of each month less agent's commission. All reservations are required to have a credit card number on file regardless of method of payment.
2. PARTIAL WEEK RENTALS -There is a 2 night and $375 rent minimum. Partial week reservations are subject to Owner's approval and not all properties offer partial week rentals. Additional linen, pet, pool and hot tub fees may be required on partial week rentals. Linens are not provided on partial week rentals.
3. SECURITY DEPOSIT/ADMINISTRATIVE FEE - Some homes require a refundable Security Deposit. This deposit may be used for certain damages allowable by law. Deposits will be accounted for and refunded (less any allowable deductions) within 45 days from date of departure. A non-refundable administrative fee will be added to each reservation. Tenants are expected to treat the property respectfully and report any damage or breakage during their stay promptly. Tenants are responsible for and are expected to assume liability for any damage to the property and its contents, other than normal wear and tear, during their occupancy. Tenant shall also be responsible to Owner for attorney fees and other costs necessary to collect for such damages as allowed by law. Agent is authorized to charge credit card on file for damages. __________(initial)
4. TRAVEL INSURANCE - Insurance offered by RedSky (undrewritten by Arch Insurance) covering financial losses you may incur because of unforeseen circumstances, illness, injuries--it even includes coverage for mandatory hurricane evacuation. The cost of this insurance is due with your advance rent payment and coverage begins when payment is received. If you elect NOT to purchase this coverage, you may delete the charge where indicated on your Vacation Rental Agreement. Once insurance premium is paid, it is non-refundable. If State or Local authorities issue a mandatory evacuation of an area that includes the property subject to this Vacation Rental Agreement, the Tenant in possession of the property shall comply with the evacuation order. Upon compliance, Tenant shall be entitled to a refund from the Landlord of the prorated rents for each night that the Tenant is unable to occupy the premises because of the mandatory evacuation order. The Tenant shall NOT be entitled to a refund from the Landlord/Owner or Property Manager if: (a) prior to the Tenant taking possession of the property, the Tenant refused insurance offered by the Landlord or real estate broker that would have compensated him for losses or damage resulting from the loss of use of the property due to the mandatory evacuation order; OR (b) the Tenant purchased insurance offered by the Landlord/Owner or real estate broker. Claims must be made directly with the insurance company.
5. FUN N' SUN PASS--Atlantic Realty's Fun N' Sun Pass entitles leaseholder to one complimentary admission, per activity, per reservation, for each night of their vacation. Not valid on check-out day. Activities are non-cumulative and non-transferrable. Reservations are required on some activities and must be made directly with the provider. Reservations can be made no more than 48 hours in advance. Valid credit card and picture ID are required to make reservations. Activities and availability are subject to change without notice and may be seasonal. This program and any activities contained thereof can be discontinued at any time without notice.
6. CHECK-IN --Check in begins after 4:00pm on the designated date of the confirmed reservation. In the event extensive cleaning is required, we must have additional time as needed to complete. Time of occupancy is not guaranteed. Guests are not permitted on the premises of the home before the home is ready for check in. Check In Office for your property is designated on the front of this Vacation Rental Agreement. Keys and directions will be placed in an envelope and left at our office locations for Tenants who check in after our office closes. Late arrivals can only be handled for reservations paid in full and Agreements signed. Keys and directions will be left in an envelope with Guest name in exterior Key box at our office locations. EXPRESS CHECK IN -- is only available on homes offering electronic locks with keyless entry. Guests will receive a keycode by email prior to their arrival and may proceed directly to the property. The keycode will allow entry after 4pm on the scheduled check in day. EARLY CHECK-IN REQUEST--A limited number of 1:00pm check ins will be offered
7. CHECK OUT -- Check out time is 10:00am on the scheduled date of departure. Failure to check out on time may result in an extra day's rent charge. Property Keys are provided inside the property for laundry rooms and other locked storage areas for guests use. Please leave these keys on the refrigerator where indicated for the next guest. Lost keys will incur a $25 charge. EXPRESS CHECK OUT -- Guest keys should be placed in envelope with departure form and left on counter of property after checking out through automated phone system. LATE CHECK OUT -- A limited number of 12pm check outs will be offered. Please mark the "late Check Out" option on your Rental Agreement to request this service. The cost is $100 (plus tax) and will be due with the balance of your rental. Not all properties allow Late Check Out and we cannot offer this service on homes 7 bedrooms or larger.
8. FAMILY GROUPS ONLY--It is the policy of Atlantic Realty to rent only to family groups due to the obligations to our Owners. Minimum age to rent is 25. We rent properties without regard to race, religion, color, sex, national origin, handicap, or familial status of any party. A family group is defined as parents, grandparents, children and extended family members vacationing in one home. A non-family group is defined as unmarried young adults, high school students, college students or any group type situation. Properties are patrolled on a regular basis. No chaperoned or unchaperoned groups, fraternities, school or civic groups allowed. ABSOLUTELY NO HOUSE PARTIES ALLOWED. IDs must be furnished if requested. Violation of the above may be grounds for expedited eviction with no refund except for the refund of such security deposits as may be required by the Residential Tenant Security Deposit Act. The security deposit paid by the Tenant may be applied to actual damages caused by the Tenant and any other purpose permitted under the provision under Article 6, Chapter 42, of the North Carolina General Statute entitled "Residential Tenant Security Deposit Act" NC General Statute 14-100 makes it a crime to obtain any rental unit under false pretenses.
9. EVENTS -- Special Events may only be permitted with a signed Special Event Addendum Agreement. Additional Event Fee and Security Deposit are required. Not all homes allow Special Events. Special Events considered on a case by case basis.
10. PROPERTY OCCUPANCY/DESCRIPTION-- The occupancy numbers advertised are based on the number of beds the Owner has placed in the dwelling and may or may not be consistent with the occupancy levels established by the original building permit or other governmental regulations. Atlantic Realty has not verified stated occupancy with the building permit or other governmental regulations. Any violation of the maximum occupancy may be grounds for expedited eviction without refund. If you have questions or concerns relating to occupancy, please contact our office. Campers and motor homes cannot be parked on the property. Every property is privately owned and reflects the needs and tastes of its Owners. Property reserved sight unseen is represented by Agent as realistically as possible with regard to space, physical condition, decor, and comparisons. We advise you to tour the property in advance if you have specific personal requirements or are concerned with quality, for we will be UNABLE TO MAKE SUBSTITUTIONS OR REFUNDS UPON ARRIVAL due to general guest dissatisfaction.
11. PARKING - Please be advised that parking capacity at the majority of the properties is never more than the number of bedrooms. For example, a 3 bedroom property would typically have parking for 3 cars, and a 4 bedroom property would have parking for 4 cars. Very few properties have the capacity for more than 5 cars even if they are larger than 5 bedrooms. Parking regulations are enforced in many areas and if your car is parked on the street in front of your property, you risk being ticketed or towed.
12. LOCKED CLOSETS -- Most of our property Owners maintain locked areas in their homes for their own personal use. These areas are off limits to the Tenant. Entry into these areas is grounds for expedited eviction and Tenant will be responsible for any damage or missing items and a non-compliance fee of $500.
13. LOST AND FOUND - Agent is not responsible for items left behind. Found items will be held for 10 days and items left unclaimed after this period will be donated to charity. Tenant is responsible for shipping costs plus a $25 Lost and Found Fee to Agent for returning lost or left items.
14. TRANSFER/CANCELLATION POLICY--A Transfer Fee in the amount of $100 will be charged for any reservation that changes dates on the same property within the same rate period. Transfers cannot be made within 30 days of arrival. Any transfer that does not adhere to these terms will be considered a cancellation. Confirmed reservations require a Cancellation Fee equal to 10% of the rent amount and Administrative Fee to be charged on any cancelled or changed reservation. If a reservation is cancelled, no refunds can be made until the property has been re-rented and confirmed. If the property is not re-rented, Tenant's entire rent amount must be forfeited. In addition, no refunds of any kind other than the aforementioned cancellation refund can be made without authorization from the property Owner. If property is re-rented at a discounted rate, Tenant will only be refunded the discounted rate amount less any applicable fees. All cancellations MUST be received in writing. Tenants who purchased Travel Insurance must make claims with the insurance company directly. Travel Insurance is non-refundable.
15. NONCOMPLIANCE -- A $500 non-compliance fee may be charged for any violation of this Vacation Rental Agreement including, but not limited to, evidence of smoking in a non-smoking property, evidence of a pet in a non-pet home, attempted entry into a locked closet, etc. __________(initial)
16. FURNISHINGS & CLEANING--Every property is equipped with basic housekeeping items such as pillows, furniture, kitchen appliances, pots, pans, dishes, glassware and silverware. The condition of the property varies according to the age and care by the individual Owner. In most cases, the following items are NOT provided: toiletries, paper products (such as toilet tissue, paper towels, and trash bags), extra blankets, fans, bed linens and bath towels. Each Tenant is expected to use the property as if it were their own, leave it undamaged, clean, and with all trash removed from inside the property and disposed of in the trash containers provided outside the property. Specific departure cleaning requirements are as follows but are not limited to: all kitchen,cooking, eating and drinking equipment should be cleaned and stored in its proper place, and beds made and bedspreads folded down any moved furniture returned to its original positions. Failure to perform check out requirements may result in an additional cleaning charge. Baby Equipment - Agent cannot verify type, age or condition of advertised baby equipment or if said equipment is free from recall. Use at your own risk.
17. HOUSEKEEPING SERVICE--We are pleased to offer the added convenience of housekeeping service during your stay or at check-out. Our Daily, Mid Week and End of the Week cleaning service cost is very reasonable. Call our office for details and arrangements.
18. TELEPHONES/PAY PER VIEW/INTERNET - Telephones are provided for local calls only. To make long distance calls, you are required to use a credit card, calling card, or call collect. If long distance charges are incurred during your stay, you will be billed $25 in addition to the cost of the calls. Pay-per-view or On-Demand cable service is not available in the properties. Any pay-per-view or On Demand cable charges incurred during your stay will be automatically charged to the credit card on file. No warranty is provided for Internet use, or guarantee availability from ISP. Internet use and related equipment are provided "as is" without warranty of any kind. In no event shall Owner be liable for its use. By electing to use Wi-Fi, you assume all risk and hold property owner and Agent harmless in the event of any damage you may suffer due to security breaches. Guest agrees to not download or transmit any unlawful material or any material that infringes on copyright or any other proprietary rights of any party. Internet activity is electronically monitored and any violations will be reported along with Guest contact information to the proper authorities.
19. PETS (DOGS ONLY)--Absolutely no pets permitted on any premises unless otherwise stated in the individual property description. Violation of this regulation is grounds for expedited eviction without refund. Pets shall be limited to (2) domestic, housebroken adult dog (no puppies) in pet friendly homes. Additional pets will require manager's approval and additional pet fee and/or security deposit. Cats or other animals are NOT permitted. Absolutely no pets permitted inside pool area or in pools or hot tubs. Pet owners are liable for any damage and all pets must be declared at check-in. Pet Owners are required to clean up after their pets including surrounding areas. Failure to do so may incur exterior cleaning charges. Minimum charge of $500 for non-compliance will be incurred as well as pet fee plus any security issues. Pets are not permitted on many beaches during the summer months. Please consult the individual town ordinances regarding pets on the beach. Pet Homes are treated regularly by a professional pest control company, but Agent cannot be responsible for fleas, allergies, etc. No guarantee can be made that a property been free of pets or service animals prior to Tenant's occupancy and no refunds can be given if it is discovered that pets or service animals have formerly occupied the property.
20. NON-SMOKING - All Atlantic Realty properties are non-smoking with few exceptions as noted in the property description. Smoking in a non-smoking property will result in expedited eviction without refund. A minimum charge of $500 will be incurred for non compliance as well as any additional cleaning charges or damages. Cigarette butts cannot be disposed of in yard. Homes designated as non-smoking cannot be guaranteed by Agent.
21. GRILLING - Grilling is not permitted except on concrete surfaces. Do not move grills. Do not attempt to use outdoor grills on decks, porches, or near wooded areas. Some condo complexes forbid grilling of any kind. Please be respectful of posted signs and warnings. Please be sure to clean the grill and dump any ashes before you leave so the next Tenant finds it ready for use. If a gas grill requires propane, it is available at many locations and will be the responsibility of the Tenant to replenish.
22.FIREWORKS/OPEN BURNING - Fireworks are not permitted on the property including decks, walkways, driveways and yards. All towns have strict ordinances regarding fireworks and bonfires. Please refer to the individual town ordinances for details.
23. MAINTENANCE/REFUNDS--Tenant shall not be entitled to any refund due to inclement weather, including flooding, Acts of God, etc. Tenant waives the right to withhold rent for any alleged deficiency in the premises or to otherwise claim the property has been misrepresented to him either by Landlord or Agent. The property Owner or Atlantic Realty will not be responsible for damages to Tenants belongings due to malfunctioning equipment or appliances. Please report any items of disrepair to our office immediately and we will have them repaired as soon as possible. Maintenance personnel may enter the premises to perform maintenance during reasonable hours without prior notice. There will be NO REFUND for mechanical failures on air conditioning, dishwashers, washers, dryers, refrigerators, TVs, DVD players, or VCRs. No refunds will be made for disruption of utilities including power, water, telephone, internet, or cable. Agent has authorization to charge the Tenant's credit card on file for any damages, excess cleaning, negligence, and unnecessary maintenance calls requested by Tenant. There will be a $20 charge if any Atlantic Realty agent is required to unlock a property in the event a Tenant loses a key or locks it inside the property. Lockouts occurring after 8PM will require Tenant to call a locksmith at Tenants expense. Tenant will be responsible for any damage caused in an attempt to gain entry into a locked property.
24. CONSTRUCTION-- Construction is a part of the Outer Banks. If your property is located near construction, please be understanding. No refunds or moves will be made.
25. BEACH NOURISHMENT--Some areas along the oceanfront will be part of a beach nourishment project. You may experience some inconvenience during this time. No Refunds or Moves will be made as a result of beach nourishment.
26. WATER POTABILITY--Some areas have varying water quality so it is advisable to stock bottled water for consumption during your visit. Some homes have water treatment systems, the water may not be what you'd prefer to drink, however it is safe to do so. Clothing washed in this water may become discolored. There will be no refunds in regards to water quality.
27. POOLS/HOT TUBS--Some homes feature private pools, heated pools, and hot tubs. Unless otherwise indicated in the property descriptions, pools are available from mid-May until mid-October (weather permitting). Community Pool are available Memorial Day through Labor Day weather permitting or unless indicated otherwise in the property description. Heated pools require an additional fee. Water temperature is not guaranteed. Hot tubs are available year round unless otherwise indicated in the property description. Hot tubs may carry an additional servicing fee in the Off Season. Hot Tub or Softspa rentals are not permitted due to electrical and/or structural safety. Special risks may be involved in using pools and/or hot tubs and Tenant assumes all responsibility for himself and his Guests for the consequences of those risks. Tenant agrees to waive any claim whatsoever against Owner or Atlantic Realty for any accidents or claims arising from use of said equipment. Hot Tubs are not recommended for Guests under 16 years of age. Tenant also understands and agrees that he/she is responsible for any damage resulting in any misuse or negligence by Tenant or their Guests. Children are not permitted in pools and/or hot tubs without adult supervision. Unsanitary conditions resulting from Tenant abuse which requires additional service such as water replacement, shock treatment, etc. is at the Tenant's expense. Absolutely no pets permitted in pools or hot tubs. A naturally occurring ground current has been known to affect pools and hot tubs in our area. This mild, electrical current is not a defect in the pool or household electricity and is intermittent. Be aware that this natural current may affect pacemakers or similar devices.
28. ELEVATORS - Some homes provide elevators for guest convenience. These homes are not handicap accessible. Children should not ride unaccompanied in elevators. Service calls resulting from Tenant abuse or negligence will be the responsibility of the Tenant. There will be no refund for non-working elevators.
29. TAXES--All rental rates are subject to a North Carolina State Tax and County Lodging Tax. Taxes are subject to change. Leaseholder will be responsible for any balance due to local or state tax increase.
30. ERRORS--Descriptions, rates, and property amenities advertised are subject to change without notice. Omissions, additions, or errors as well as changes in property bedding, furnishings, equipment, etc, shall not be the responsibility of the Owner, Agent, Printer, or Webmaster. No refunds will be issued for errors.
31. TRANSFER OF PROPERTY--If this Vacation Rental Agreement is to end not later than 180 days after the voluntary transfer of the property by Landlord to a Grantee, the Grantee takes title to the property as subject to the terms of the Vacation Rental Agreement. If the Vacation Rental Agreement is to end more than 180 days after the recording of the Grantee's Interest, the Tenant shall have no right to enforce the terms of this Agreement unless the Grantee agrees in writing to honor such term. In such event, Tenant shall be entitled to a refund of any payments made. Prior to entering a sales contract, Landlord shall disclose to the purchaser the time periods in which the property is subject to a Vacation Rental Agreement and within 10 days after transfer of a vacation rental property, shall disclose to the Grantee, the Tenant's name, address, and a copy of the Vacation Rental Agreement. Upon transfer of the property to the Grantee, Grantee has 20 days to notify the Tenant of the transfer, the name and address of the Grantee, and the date the Grantee's interest was recorded. Grantee shall advise the Tenant whether the Tenant has the right to occupy the property subject to the terms of the Vacation Rental Agreement and the provisions of the Vacation Rental Act; and to advise the Tenant whether the Tenant has a right to receive a refund of any payments made. Within 30 days from the termination of the Landlord's interest in the property subject to the Rental Agreement, all advanced rent paid by the Tenant shall be transferred to the Landlord's successor in interest and the Tenant shall be notified by mail of such transfer including the name and address of the transferee. In the event that the Vacation Rental Agreement shall end more than 180 days after the recording of the interest of the Landlord's successor in interest, unless the Landlord's successor in interest has agreed in writing to honor the Vacation Rental Agreement, Landlord shall within 30 days transfer all advance rent paid by the Tenant and the portion of any fees remaining after any lawful deductions, to the Tenant. Funds held as security deposit shall be disbursed as provided in NCGS42A-18. In the event of an involuntary transfer of Landlord's interest, Landlord shall refund to Tenant within 60 days after such transfer, any payments made by the Tenant.
32. FORECLOSURE--If agent becomes aware of any default or foreclosure proceedings, Agent will notify Tenant. In the event of a monetary loss to Tenant, Tenant understands that their sole recourse is with the Owner of the rental property. Tenant agrees Agent cannot be held responsible for funds lost due to a voluntary or involuntary transfer of property ownership.
33. AGENCY DISCLOSURE--By North Carolina law, Agent must notify you that Atlantic Realty is employed by and represents the Property Owner. Atlantic Realty will make every effort to assist you in the selection of your rental property. Atlantic Realty receives commission on some services offered to Tenants.
34. LIMITATIONS OF REMEDIES, DAMAGES, AND INDEMNITY - In the event the Owner is unable to deliver said property to Tenant under this agreement because of fire, eminent domain, or if the property is unavailable due to delay in construction or because of lack of water or sewer, Tenant hereby agrees that Owner's sole liability as a result of any of these conditions is the refund of consideration previously tendered by Tenant pursuant to the terms of this agreement for the period of time the property is unavailable and Tenant expressly acknowledges that in no event shall Owner be liable for any consequential or secondary damages including but not limited to, any expense incurred as a result of moving, for any damage, destruction, or loss. Tenant also agrees that in the case of a double booking or occupancy by Owner, Tenant will be entitled to a full refund of all consideration previously tendered by the Tenant. If Agent is able to relocate Tenant, Tenant agrees to pay any difference in rental amount. The Tenant agrees to release and indemnify the Owner and his Agent from and against any liability for injury to any member of his household resulting from cause whatsoever, except only such a personal injury caused by the negligent or intentional acts of the Owner or his Agent. Agent has the right to terminate this lease due to abuse of staff. This Agreement shall be governed by and interpreted in accordance with the laws of the State or North Carolina, and shall be treated as though it were executed in the County of Dare, State of North Carolina. Any action relating to this Agreement shall be instituted and prosecuted only in the Dare County Superior Court, North Carolina. By the signing of the Rental Agreement, you are consenting to the jurisdiction.