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.
1. Terms: In the event the rented property becomes unavailable for any reason including but not limited to acts of God, property owner’s removal of the property from the rental market, any governmental body enacting or enforcing any regulation, ordinance, or law restricting vacation rentals, we will make every effort to provide alternative accommodations or refund the entire deposit. However, if alternative accommodations are not available, neither the owner nor Cape Fear Realty LLC shall be liable beyond refund of all monies paid.
2. Check In and Check Out: Check in & check out dates are set forth in Confirmation provisions. Check in (4pm) and check out (9am) times are FIRMLY set. Agent cannot let tenants in homes that are not ready, nor can we provide refrigeration facilities for groceries. Tenant shall not be on the Property prior to check in or after check out. Tenant may be charged up to one (1) additional day rental for violation of this policy. NO REUNDS WILL BE GIVEN FOR LATE ARRIVALS OR EARLY DEPARTURES. Two sets of keys will be issued to Tenant. For security reasons, limited numbers of keys are available. Tenant will be charged a $25.00 fee for non-return of keys.
3. Damages: Guest agrees to comply with all posted or published property restrictions, homeowner rules, and local ordinances. The guest agrees to save and hold Bald Head Island Rentals/Cape Fear Realty, LLC, its employees and owners harmless for damages or injuries to person or property from or related to any cause whatsoever either in or about the home. Many owners store their personal belongings in a locked closet for their convenience. These areas are not included with the rental and are subject to penalty if disturbed. Unless otherwise agreed upon the tenant shall:
- Use the premises for residential purpose only and in a manner so as not to disturb other homeowners.
- Not use the premises for any unlawful or immoral purposes or occupy them in such a way as to constitute.
- Keep the premises, including but not limited to all plumbing fixtures, facilities and appliances in a clean and safe condition.
- Adhere to recycling rules of BHI. Be responsible for and liable to the landlord for all damage to, defacement of, or removal of property from the premises whatever the cause, except such damage, defacement of removal caused by ordinary wear and tear, acts of the landlord, his agent, or of third parties not invitees of the tenant and natural forces.
- Strictly adhere to house occupancy limit set in contract.
Accidental damage protection is included for any damages or accidents, subject to exclusions and limitations that occur to the premises during your rental period up to $1500. Any damage or accident that is not covered under the policy will be the responsibility of the leaseholder.
If the terms and conditions contained herein are not acceptable you may cancel without penalty by providing notification of such cancellation upon receipt of this confirmation. Agent as agent of the owner hereby rents to Tenant, and Tenant hereby rents from Agent, the vacation property described (referred to hereafter as the “Premises”) on the terms contained in this Agreement.
4. Financial Terms: If you do not want to purchase the Security Depoit Waiver Program, your adjusted final balance will include a security deposit. Purchasing the Security Depoit Waiver Program in lieu of paying the security deposit does not negate your responsibilities as a Tenant. See Paragraph 6 below. Tenant’s decision with respect to the purchase of trip interruption insurance will affect Tenant’s right in the event of a mandatory evacuation. Trip interruption payment is due with first deposit. See Paragraph 12 below. If you do not understand how to deduct, please call ASAP and we will explain how to do it. 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. We do not accept credit cards. To maintain your reservation, your final payment must be received 30 days prior to arrival. Unpaid reservations will be cancelled after the due date. Please make check payable to and mail to:
Bald Head Island Rentals, LLC
PO Box 3012, Bald Head Island, NC 28461
5. 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 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 agrees to pay a $25.00 processing fee for any check of tenant that may be returned by the financial institution due to insufficient funds or because Tenant did not have an account at the financial institution. 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.
6. Security Deposit: Any security deposit provided for in paragraph 4 above may be applied to actual damages caused by Tenant as permitted under the Tenant Security Deposit Act. In addition, Agent may deduct from the security deposit the amount and any unpaid long distance of per call telephone charges and cable television charges that are not specifically described in this Agreement (including any addendum hereto) as being included with the Premises. Agent shall apply, account for or refund tenant’s security deposit within 45 days following the end of the tenancy. OR “Security Deposit Waiver Program” – This optional program protects you from theft or damage which results from an accident within the unit due to your inadvertent acts or omissions. The Security Deposit Waiver Program does not cover negligent or willful and wanton conduct. For a full description of the Security Deposit Waiver Program, please refer to the enclosed Description of Coverage detailing full terms and conditions that apply. If a Description of Coverage is not enclosed, contact Bald Head Island Rentals/Cape Fear Realty, LLC for a copy. You must notify Bald Head Island Rentals/Cape Fear Realty, LLC of any damage or theft to the unit during your occupancy, or this program is void. The units are carefully inspected after each rental. Payment for the Security Deposit Waiver Program will not be accepted after the guest occupies the unit. If you decide not to purchase the Security Deposit Waiver Program, a security deposit of $500.00 will be added to the final balance. To decline, initial next to the charge on the front of the lease. Bald Head Island Rentals/Cape Fear Realty, LLC receives a fee for this program. If damage incurred to home extends beyond the amount covered by the security deposit or is not covered by the Security Deposit Waiver Program, we reserve the right to charge Tenant’s credit card so owners can be fully compensated for damage incurred.
7. Trust Account: Any advance payment made by Tenant shall be deposited in a trust account with Security Savings Bank, 101 N Howe Street, Southport North Carolina 28461. Tenant agrees that any advance payment may be deposited in an interest bearing account and that any interest hereon 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.
8. 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.
9. 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 reasonable 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 race, color, religion, sex, national origin, handicap or familial status of any tenant.
10. Cancellation: In the event of a cancellation by Tenant, Tenant shall receive a refund of all payments made by Tenant, less an administrative fee of $25.00 if the cancellation is made by tenant more than 60 days prior to arrival date, or the Premises are re-rented on the terms set forth herein. If the Premises are not re-rented on the terms set forth herein, Tenant will not be entitled to a refund of any rent payment made hereunder. Whether or not the Premises are re-rented, Tenant, rather than Agent, shall be responsible for seeking reimbursement and any fees paid by Tenant to Agent for goods, services, or benefits procured by Agent from third parties for the benefit of Tenant that may have been paid out prior to Tenant’s cancellation.
11. Maintenance: Please report any maintenance problems to Bald Head Island Rentals as soon as possible to receive service promptly. There will be no refunds due to tenant’s dissatisfaction of home’s décor, breakdown of appliances, air conditioners, or other condition over which agency has no control.
12. Substitutions: We reserve the right to substitute accommodations, if circumstances require, to another comparable home on Bald Head Island.
13. Transfer of Premises: If the owner voluntarily transfers the Premises, Tenant has the right to enforce this Agreement against the grantee of the Premises if the 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 10 days after transfer of the Premises, the grantee or the grantee’s agent is required to: 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 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. Upon termination of the owners 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 if the owner’s successor – in - interest agrees to honor this Agreement. If the owner’s successor – in – Agreement 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. 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.
14. 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 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 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.
15. 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.
16. Indemnification and Hold Harmless; Right of Entry; Assignment: Tenant agrees to indemnify and hold harmless Agent and the owner from and against any liability for personal injury or property damage sustained by any person (including Tenants guests) as a result of any cause, unless caused by the negligent or willful act of Agent or the owner, or the failure of Agent or the owner to comply with the Vacation Rental Act. Tenant agrees that Agent, the owner or their respective representative may enter the Premises during reasonable hours to inspect the Premises, to make such repairs, alterations or improvements thereto as Agent or owner may deem appropriate, or to show the Premises to perspective purchasers or tenants. Tenant shall not assign this Agreement or sublet the Premises in whole or part without written permission of Agent.
17. Pets: Unless other wise 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.
18. Golf Carts: All carts must remain at the property at check out, if a golf cart is left at the ferry parking lot without expressed permission, gusts will be charged $150. Guests are responsible for any damages to the carts during their stay, and their credit card will be billed after an estimate is received for damages.