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Thank you for choosing our home for your upcoming vacation. A VACATION RENTAL AGREEMENT UNDER THE NORTH CAROLINA VACATION RENTAL ACT (NCVRA). 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 LeaseholderS. LEASEHOLDERS SIGNATURE ON THIS AGREEMENT OR PAYMENT OF MONEY OR TAKING POSSESSION OF THE PROPERTY AFTER RECEIPT OF THE AGREEMENT IS EVIDENCE OF THE LEASEHOLDER’S ACCEPTANCE OF THE AGREEMENT AND YOUR INTENT TO USE THIS PROPERTY FOR A VACATION RENTAL. All funds will be placed in an interest-bearing account with BB&T, Burlington North Carolina in which the interest shall accrue to the benefit of Property LLC account. You must be 25 years old to sign this rental agreement.
Damage Protection, Security Deposit and Capacity Restrictions: Vacation Rental Damage Protection Insurance for $125 covers up to $5000 of accidental damages to the rental that may occur by you or your guests during your stay provided qualifying accidental damages are disclosed to management prior to check-out. Any damages that exceed $5,000 or are not covered under the plan will be your responsibility. Full details of the Vacation Rental Damage coverage are contained in the Description of Coverage or Insurance Policy here: https://www.generalipartner.com/plan-documents/gr201vrd-5000-100 By submitting payment for this plan, you authorize and request Customized Services Administrators, Inc. d/b/a Generali Global Assistance & Insurance Services to pay directly OIB Rentals LLC any amount payable under the terms and conditions of the Vacation Rental Damage Policy. Damage Protection Insurance is offered in lieu of a $2,000 Security Deposit. The sleeping capacity for this property is limited to the number of beds provided, so twin beds sleep 1 guest; double, queen and king beds sleep 2 guests each.. Extra guests beyond the maximum sleeping capacity are not allowed without the expressed written permission in advance. Often, extra sleeping capacity is not possible at this property.
RULES,REGULATIONS, & OTHER: ALL PAYMENTS ARE NONREFUNDABLE. If Reservation is canceled, all payments will be forfeited.
Terms include a No Tolerance Policy regarding excessive noise, unapproved parties, or disturbing neighbors. Please make sure you are comfortable with our Terms as they are strictly enforced.
RESERVATIONS: All Reservations are subject to Management and Property Owner approval. Online rates are subject to change without notice. Should there be ANY issues with the reservation, you will be contacted within 48 hours.
PROPERTY: Guest rents, for vacation purposes only, the furnished real property and improvements described.
ARRIVAL & DEPARTURE: Check-in time is no earlier than 4:00 PM on arrival date. This time may be delayed should unforeseen circumstances arise. Check-out time is NO LATER than 10:00 AM on the departure date. Early Check In and Late Check Out options are available for an additional fee if available (Not an option during Peak Times). If Early Check In and/or Late check out are approved you will get a email confirmation from the reservation team.
PAYMENTS: ALL PAYMENTS ARE NONREFUNDABLE. ACH/eCheck is the preferred method of payment. Credit card payments are subject to a 5% convenience fee. Outside 90 days of arrival, Deposit Payment is due to reserve property. Balance Payment is due 90 Days before Arrival and will be charged automatically to same credit card used, unless communicated otherwise. Within 90 Days of Arrival, Total Cost is due to reserve property. . ALL Payments are NONREFUNDABLE. We offer Vacation Rental Insurance.
GENERALI TRAVEL INSURANCE Vacation Rental Insurance has been made available with your reservation. Vacation Rental Insurance provides coverage for the loss of prepaid, nonrefundable expenses due to certain unforeseeable circumstances that may jeopardize your vacation investment and force you to incur unplanned expenses. We highly recommend you purchase this valuable protection. Separate terms and conditions apply, read your Description of Coverage/Policy carefully. www.csatravelprotection.com/certpolicy.do?product=G-330COAST and contact Generali at (866) 999-4018 with coverage questions. Cost: 7.95% of the total reservation.
CANCELLATION POLICY. All payments are NON-REFUNDABLE for any reason including but not limited to illness, medical emergency, a death in the family, change of plans, severe weather, hurricane and mandatory evacuation. REFUNDS and RESCHEDULES are not permitted. HURRICANE REFUNDS - Pursuant to Senate Bill 974, G.S. 42A-36, there are no refunds to inclement weather including hurricanes. TRIP CANCELLATION and INTERRUPTION INSURANCE IS AVAILABLE and is offered with the contract.
UNAVAILABILITY: For any reason beyond the control of Management, the Premises become unavailable, Management may substitute a comparable unit or cancel this Agreement and refund in full all payments made by Guest.
STRICT NOISE ORDINANCE: We have a strict noise ordinance that must be followed. No loud noises, music, load vehicles are allowed between the hours of 10:00 pm and 7:00 am. Please note if the these are followed you can be fined and asked to vacate the property.
MUSIC SONOs speaker sound system is provided during your stay. Please note additional speakers/sound sources and bands are not allowed. ALL OUTDOOR MUSIC must end promptly by 10:00pm.
APPROVED GUESTS AND USE: The Premises are for the sole use as a personal vacation residence by Approved Guests. Reserving Guest is responsible for any guests that use the property during the term of this agreement. Guest may not exceed Max Occupancy for Property at any time, unless approved prior to booking. If the Premises are used, in any way, by more than max allowed guests, (i) Guest and all others may be required to immediately leave the Premises or be removed from the Premises; (ii) Guest is in breach of this Agreement; and (iii) Guest forfeits its right to return of any monies collected.
SPECIAL EVENTS (i.e. wedding, receptions, rehearsal dinner, etc.), MUST BE PRE-APPROVED and there is an ADDITIONAL FEE AND CONTRACT. If such an event is not disclosed, the Leaseholder may be subject to additional fees, cancellation or eviction.
OCCUPANCY: Approved Guests are persons who will occupy the Premises. No unlawful activity or any other activity that constitutes a nuisance is permitted on Premises. Approved Guests take full responsibility for all lost or broken items, and any damages to the Property of any kind.
HOUSEKEEPING The home is thoroughly cleaned and sanitized prior to your arrival. There is no daily housekeeping or towels included. Only use appliances for their intended uses. We make every effort to keep all appliances, including HVAC systems and elevators in good working order but sometimes they become inoperable. Should your party misuse the elevator, you may be charged for a service call and may be without elevator service during your stay. Maintenance will exert efforts to have them serviced. However, cannot guarantee the time required to accomplish repairs. No appliances are guaranteed and there are NO REFUNDS FOR EQUIPMENT FAILURES.
PEST CONTROL Our tropical environment and weather conditions can create inconveniences with bugs. Pest Control Service is performed monthly.
NO FIRE ALLOWED Sparklers, wish lanterns, smoke bombs, fire pits, fireworks, tiki torches, beach bonfires are prohibited.
NO GLASS allowed outside including beer bottles/wine coolers/wine bottles/liquor bottles/china/glassware, etc. We recommend beer cans and disposable container
PETS: Pets are NOT allowed. If unauthorized pet is discovered on Premises, Guest will be asked to leave without refund as Guest will be in breach of this Agreement.
NO SMOKING: No smoking is allowed on the Premises. If smoking does occur on the Premises, (i) Guest is responsible for all damage caused by the smoking including, but not limited to, stains, burns, odors and removal of debris; (ii) Guests may be required to immediately leave the Premises, or be removed from the Premises; (iii) Guest is in breach of this Agreement.
CONDITION OF PREMISES: Guest shall, on arrival, examine the Premises, all furniture, furnishings, appliances, fixtures and landscaping, if any, and shall immediately report, in writing, if any are not in operating condition or are in disrepair. Reporting repairs does not give Guest the right to cancel this Agreement or receive a refund of any payments made.
LOST ITEMS OR LEFT ITEMS: Management assumes no responsibility for lost, stolen or abandoned items. Reasonable effort will be made to locate items for return. There will be a $25.00 handling charge plus shipping costs for any found items returned at Guest’s request. Management shall not be held liable for condition of said items. Any items not claimed for longer than 30 days, may be donated or sold.
MAIL SERVICES: You may ship directly to the home that you are staying in using Fedex or UPS while your are in the home, however we can not guarantee delivery or security of the package. This will be up to the shipping client and the shipping receiver to arrange. **We are not responsible for any lost, damaged or delayed deliveries. Returning late deliveries after a guest has left will incur an additional fee, plus cost of shipping.
ILLEGAL SUBSTANCES: No illegal substances are allowed in the rental, and minors should not be in possession of alcohol. Violations will result in eviction from the property and no refunds will be issued.
TV/INTERNET: No refund shall be given for number of devices, outages, content, or lack of content or personal preferences with regard to TV/Internet service. Services are provided as a convenience only, and are not integral to this agreement. No refund shall be given for outages, content, lack of content, speed, access problems, lack of knowledge of use, or personal preferences with regard to service.
AIR CONDITIONING/HEATING: Most rentals are not equipped with air conditioning. If so equipped, and if not regulated otherwise, Guest agrees that Air conditioning shall not be set below 72 degrees and heat shall not be set above 78, and that the fan setting shall be “Auto”. Doors and windows shall be closed when either heat or air conditioning is in operation. There are no refunds for lack of, or malfunctioning HVAC units.
POOL AND HOT TUB: If so equipped, Hot Tub heating is included. Pool heating is an additional fee and must be paid for prior to use. Guest agrees not to tamper with pool heat controls or manipulate heater in any way. Pool heat is set to 88 degrees when available. Guest understands that the area surrounding pool and spa may not be fenced or secure. Guest understands and agrees to be responsible and liable for any damages that occur to the pool and spa and its support equipment through Guest misuse and/or negligence.
SYSTEM(S) FAILURES: In the event the rental unit sustains a failure of a system, including but not limited to water, sewer, septic, electrical, gas, plumbing, mechanical, appliances, heat pump, ventilating, pool, hot tub or other system or structural systems, neither the property owner nor the Management shall be liable to Guest for damages, and no refunds will be given for such failures. However, Management will make an effort to promptly repair or replace the failed system or equipment, and in such event, Guest agrees to permit Manager or its service provider to have reasonable access to the property to inspect and make such repairs.
UNFORESEEN OCCURRENCES: Management will not assume liability for any loss, damage or inconvenience caused by but not limited to the following: weather conditions, natural disasters, pests, construction, acts of God, or other reasons beyond its control. There shall be no refunds available as such instances are beyond the control of Management. It is highly recommend that Guest considers travel and/or rental insurance.
MAINTENANCE & REPORTING: Guest shall properly use, operate and safeguard the Premises including, if applicable, any landscaping, furniture, furnishings, appliances and all mechanical, electrical, gas and plumbing fixtures, and keep them clean and sanitary. Guest shall immediately notify Management of any problem, malfunction or damage. Guest shall pay for all repairs or replacements caused by Guest, excluding ordinary wear and tear. Guest shall pay for all damage to the Premises as a result of failure to report a problem, malfunction or damage in a timely manner.
ENTRY: Management and Managements representatives and agents have the right to enter the Premises, at any time, (i) for the purpose of making necessary or agreed repairs, decorations, alterations, improvements, for maintenance or to supply necessary or agreed services; (ii) to verify that Guest has complied with the terms of this Agreement; or (iii) in case of emergency.
PARKING: All vehicles at the house need to fit in the driveway and its extended gravel area. Cars should not hang over the sidewalk or park on gravel closest to street, RV’s, Campers, Boats and Parking in the street or at neighboring homes is prohibited.
LEASEHOLDER ACKNOWLEDGES WAIVER OF LIABILITY, including but not limited to, hot tub (if applicable), outdoor pool, elevator, decks, stairways and walkways hereinafter called special feature, if so equipped. The Leaseholder understands there are special risks that may be involved in using the special feature. In particular, but without limitation, the Leaseholder understands that there are potential risks that the special features may present dangers to children who are not carefully supervised, as well as the danger of any person using the special features for too long a time, has health problems, or is intoxicated or using any kind of drugs or medication, or uses the special feature if pregnant. The Leaseholder agrees to explain the risks of using the special feature to any guests he or she may have at the unit and to be fully and solely responsible for any accidents his guests may incur. The Leaseholder understands the risks discussed above and agrees that he will assume all responsibility for himself and his guests for the consequences of those risks. Leaseholder agrees to waive any claim whatsoever against Landlord or Agent for accidents or claims arising from use of special feature. The Leaseholder agrees to indemnify Landlord and/or Agent and/or Homeowner for any claims made by Leaseholder’s guests arising from Leaseholder’s guest’s use of the special feature. The Leaseholder also understands and agrees that he is responsible and liable and will pay agent upon request for any damages that occur to the special feature and its support equipment through his or his guest’s misuse and/or negligence, for example, but not limited to, damaging the hot tub cover and/or pool liner, or allowing the water level to become too low, or causing water overflow inside the unit. INDEMNIFICATION AND HOLD HARMLESS. Leaseholder agrees to indemnify and save harmless the Owner and Agent for any injuries, liabilities, theft, damages cost or expense whatsoever (including but not limited to attorneys' fees) arising from or related to any claim or litigation which may arise out of or in connection with Leaseholder use and occupancy of the Premises and it’s amenities.
FALSIFIED RESERVATIONS Any reservation obtained under false pretenses will be subject to forfeiture of all advance payment, deposit and/or rental monies, and the party will not be permitted to check in and is subject to immediate eviction. “Guest” must be present to check into home and present the duration of stay. Minimum age to rent is 25. Leaseholder understands that he may not sublet or assign this Agreement.
Groups renting under false pretenses will be evicted under the Expedited Eviction Act of NC without refund. Over-occupancy is considered a SERIOUS BREACH of this lease. RV's, boats, campers and subletting are not permitted and are Grounds for Eviction. Leaseholder understands that if any member of their party violates any of the conditions or agreements in this contract, the Agent may terminate this agreement and enter the premises. If Leaseholder is in violation of this agreement, the contract will be terminated without refund. If a court of competent jurisdiction shall find any portion of this Lease invalid, such decision shall have no effect on the remainder of this Lease. The courts of jurisdiction are New Hanover, Brunswick County or Alamance County. If Leaseholder refuses to depart from the premises by 10 am on the date indicated on this Agreement, Leaseholder will be charged rent of $5000 per day in addition to any legal costs necessary to evict Leaseholder and/or expenses incurred by next Leaseholder. Leaseholder is aware that expedited eviction pursuant to GS 42A-24 is allowed.
ATTORNEY FEES AND LITIGATION Any dispute relating this Vacation Rental Agreement will be litigated only in The General Court of Justice for the State of North Carolina in Alamance County. This agreement will be governed by the laws of the State of North Carolina. The prevailing party in any matter which is litigated in the court system will be entitled to recover reasonable attorney fees.
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Luxury Lodging by Laura
3120 S Church St
Burlington NC 27216
910-761-3272
liz@luxurylodgingbylaura.com |
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