Thanks for your business and we hope you enjoy your stay in our property!
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 acceptance of this agreement, 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. AGENCY - COASTAL CAROLINA VACATIONS is a Property Management Company. Coastal Carolina Vacations (hereinafter the “Agent”) is a real estate agency which rents private homes, condominium units and cottages for its Owners. Neither the Owner nor the Agent are responsible or liable for any loss of the Tenant’s personal property, accidents, injury, or damage of any nature from any cause to the Tenant (including guests, licensees, or invitees) or by acts of God, recreational activities, weather conditions, or road conditions. Agent shall conduct all brokerage activities in regard to the Agreement without respect to race, color, religion, sex, national origin, handicap, sexual orientation, or familial status of any tenant.
2. RESPONSIBLE PARTY - The person in whose name the property is reserved will be held responsible for all occupants complying with rental policies, procedures, and restrictions. Aside from normal wear and tear, the responsible party will be responsible to reimburse the Owner for any damages to the property or its contents during your vacation residency. The responsible party must be at least twenty-five (25) years of age, representing a responsible family group and is required to occupy the property for the duration of the leased time period. At no time are HIGH SCHOOL or COLLEGE GROUPS allowed, regardless of age. Any group whose behavior causes a disruption in the peaceful enjoyment of neighboring properties will be subject to immediate eviction without refund. Tenant understands subletting this lease is prohibited. NO FIREARMS, EXPLOSIVES OR FIREWORKS ARE PERMITTED ON ANY LEASED PROPERTY. By signing or making payment, you accept all terms and conditions as outlined.
3. CHARGES AND PAYMENT POLICY - Nothing herein shall limit any direct charges to Tenant or prohibit Agent from obtaining additional income from any added services including but not limited to trip insurance, administrative and maintenance fees, pet fees, etc. Reservations include associated fees for servicing your stay, including applicable taxes and optional Travel Insurance protection. All reservations require a payment of fifty percent (50%) of the rental fee and taxes, plus the full amount of the travel insurance, if applicable, paid immediately upon booking, and a signed rental agreement, due WITHIN 24 HOURS OF BOOKING, or the reservation may be canceled without notice. All reservations are subject to a security deposit. All remaining payments shall be due forty-five (45) days before arrival. Reservations made within fifty (50) days of arrival must be paid in full when the reservation is taken. Your reservation becomes a guaranteed reservation upon receipt of your signed rental agreement or monies paid. NOTE: Tax rates are calculated as of the time of this Agreement. Tenant acknowledges taxes may change in accordance with state and local law and shall be responsible for all applicable taxes accordingly.
Reservations may be paid by E-check, personal check (must be received within 5 days of booking), money order, cashier’s check, or credit card (MasterCard, Visa, Discover, American Express). Personal checks or E-checks cannot be used for payment within fifty (50) days from the date of arrival. Your first payment, which is fifty percent (50%) of the rental fee, is due at the time the reservation is made. The second payment for the remaining balance is due and automatically charged forty-five (45) days before the arrival date. There will be a $25.00 fee added for returned checks and E-checks.
For credit card payments, the cardholder’s name MUST match the Renter’s name listed on the Rental Agreement and the address given for the contract must match the address on file for the cardholder. All payments received will be held in an Escrow account at First National Bank, Nags Head, NC. Payments may be deposited in an interest-bearing account and any accrued interest shall be disbursed to the Agent. Owner is entitled to receive advanced rents prior to occupancy in accordance with the law.
4. CHECK-IN: 4:00 pm AND CHECK-OUT: 10:00 am - Tenant acknowledges Agent may be on the premises up until 6:00 pm on the day of arrival if necessary, as well as access the Property during the leased period for repairs and maintenance as needed. There will be no refunds of rents for these events. If you are checking in to a property with keyless entry, your keyless code will activate at 4:00 pm on the day of your arrival and deactivate at 10:00 am on the day of departure. If your home has traditional keys, you may pick your keys up from our office after 3:45 pm on the day of arrival and return the keys to our office by 10:00 am on the day of departure. In the event Tenant does not vacate by scheduled departure time, additional fees may be assessed.
Early Access may be available for a fee. If paid, Tenant may enter the premises at 1:00 pm on the day of arrival for access to the kitchen and main living area of the property. Agent will make every effort to be off-premises by 1:00 pm and Tenant acknowledges this is not a guarantee and Agent access as outlined above is still valid.
5. RENTAL CAPACITY - Maximum occupancy for homes with private septic is 2 per bedroom by law. Advertised bedding capacity must be strictly observed on all leased properties to avoid grounds for eviction and to protect the integrity of sewage/water capacity per property. Evidence of unauthorized excessive number of guests will result in immediate additional charges to the credit card on file and possibly eviction. Authorization to allow extra people for gatherings or other short-term events must be obtained in writing. Authorization to rent a property for a purpose other than for a family vacation must be obtained in writing prior to finalizing the reservation.
6. PROPERTIES ARE PRIVATELY OWNED - The properties managed by the Agent are privately owned and reflect the needs and tastes of the Owners. The conditions of the property, as well as the furnishings, will vary according to the Owner’s desires. Every effort has been made to assure that the descriptions of the properties are correct; however, we cannot be responsible for changes made by the Owner to the furnishings or equipment in the units. There will be no refunds due to the property not being decorated or accommodated to Tenant’s individual preference or due to minor discrepancies with the website.
7. PARKING and NUMBER OF CARS - Please be aware that certain communities have strict standards regarding the number of vehicles at a property. Some areas may not allow motorcycles, RVs, or trailers. You must adhere to these regulations at all times during your stay. Such restrictions, if applicable to your rental home, will be posted on the internet listing of the community. Please call our office to inquire further.
8. PROVISIONS UPON ARRIVAL - All properties are set up with bed and bath linens, but please bring your own beach towels and beach equipment. We provide a STARTER SET of toilet tissue, paper towels, dish soap, and trash bags. This is enough for one or two nights, but if you are staying for an extended length of time, you should plan to bring some supplies from home or plan to purchase these items at a grocery store when you arrive. No toiletries, cleaning supplies or kitchen spices are provided in any property.
9. LOST AND FOUND - Agent is not responsible for items left in rental units. In the event that Tenant leaves behind items of utmost importance, Agent will attempt to retrieve and return items at Tenant’s expense, but such retrieval cannot and will not be guaranteed.
10. EQUIPMENT FAILURE, HOUSEKEEPING, AND OTHER UNPREDICTABLE INCONVENIENCES - All equipment in the unit should be in working order. Please immediately report any equipment problems to the office. Every effort will be made to rectify the problem, but we cannot refund money due to mechanical failure. Please be patient if you encounter any inconveniences. We will be as responsive as possible and will do our best to rectify those things that are within our control, but please understand that often times we are dependent on utility providers or outside vendors where scheduling is outside our control. Examples of such inconveniences include but are not limited to: breakdown of electronics; utility outages; hot tubs or private/community pools; appliances; cleaning deficiencies; nearby construction; spiders, flies, ladybugs, palmetto bugs, or other insects inside the house; bad weather, road closures and hazardous road conditions.
We will do our best to ensure that the property is properly cleaned and sanitized prior to your arrival. If you are not satisfied with the housekeeping upon arrival, please notify our office immediately. If the office is closed, we will promptly respond the following morning. We will send a housekeeper as quickly as possible. Refunds will not be granted for housekeeping deficiencies, but every reasonable effort will be made to accommodate your needs.
11. SECURITY DEPOSITS - Tenants are subject to a security deposit in an amount to be determined at the sole discretion of Agent. Deductions can be made for excessive cleaning, willful negligence damage to the property or its contents, missing linens, moving furniture, carpet cleaning or damage to the hot tub or its cover, damage to the pool equipment or other special features, including but not limited to private elevators, upgrading of cable packages or ordering of pay per view type movies/events, misuse of furnishings/appliances/equipment; unauthorized entry into locked areas (locked closets are not included in this lease). Agent will notify Tenant of said deductions via email within 10 days of departure if applicable. Security deposits are returned, if collected upfront, within 45 days of departure as required by law. If ACCIDENTAL DAMAGE occurs during your occupancy, please notify our office immediately and we will work with you on remedying the damage quickly. This may help prevent additional security deposit deductions upon departure.
12. POOL and HOT TUB - Tenant acknowledges it is the leaseholder's responsibility to ensure all guests are aware of the posted rules surrounding safe use of pools and hot tubs, both private and community. Failure to abide by these rules may result in creating unsafe conditions or damages to the equipment. Sanitizing services of such amenities are performed before 6 pm the day of arrival and again during occupancy mid-stay. Neither the Property Owner nor the Agent shall be liable for any injury or sickness due to using said features.
13. PETS - Pet restrictions are listed on the website and must be strictly observed. Pets are defined as mature well behaved dogs only and are limited to a maximum of 2 per property, per stay unless otherwise noted. If pets are allowed, there will be a non-refundable pet fee charged per reservation. Unless otherwise specifically permitted in the advertising, no pets shall be allowed on the Premises. Tenant’s breach of this provision shall be considered material and may result in the termination of tenancy with no refunds of monies paid. Pet(s) must be pre-treated for any ticks, fleas, worms, and parasites prior to your arrival. We cannot guarantee that properties advertised as not allowing pets have never had a pet on the property.
14. CONSTRUCTION AND FORECLOSURE - In the event a property under CONSTRUCTION is not completed by occupancy date, or if Agent is notified of FORECLOSURE proceedings on any property, Agent will notify Tenant of such findings as soon as possible. Agent will make every effort to find suitable and comparable accommodations for Tenant in either situation. Liability of Agent and Landlord is limited to a full refund of monies paid.
15. 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 may be entitled to a refund as outlined in the travel insurance policy ONLY IF opted to purchase travel insurance. However, Tenant acknowledges they have waived their right to a refund if travel insurance was declined. See NC G.S. 42A-36 for full details.
16. BEACH NOURISHMENT - Oceanfront areas of the Outer Banks are subject to periodic Beach Nourishment projects scheduled and performed by local governing bodies. Such schedules are often times weather dependent and cannot always be predicted or confirmed in advance. Tenant may experience inconveniences during such projects. No refunds will be given in such events.
17. 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. 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 tenancy. Tenant shall not smoke tobacco, marijuana or use e-cigarettes, vaping, or incense within the house. Any evidence of smoking inside the property will result in charges associated with removal of smoke from the home and its belongings and fee billed to Tenant's card. Tenant agrees to leave premises “broom clean” upon departure and removal of all food, trash, and personal belongings.
18. INDEMNIFICATION AND HOLD HARMLESS - 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 Tenant’s guests) as a result of any cause unless caused by the negligent or willful act of Agent or Owner or the failure of Agent or the owner to comply with the Vacation Rental Act. Tenant agrees that Agent, Owner, or their respective representatives may enter the Premises during reasonable hours to inspect the Premises, to make such repairs, alteration, or improvements thereto as Agent or Owner may deem appropriate, or to show the Premises to prospective purchasers or tenants.
19. COURT JURISDICTION AND FEES ASSOCIATED - Should a dispute arise regarding any portion of this Vacation Rental Agreement, Tenant acknowledges litigation will be held only in The General Court of Justice for the State of North Carolina and only in Dare County. This agreement is governed by the laws of North Carolina, the Vacation Rental Act, and local authorities. In the event litigation occurs, the prevailing party in any matter will be entitled to recover reasonable fees associated with litigation.
20. CANCELLATION POLICY and SUBSTITUTIONS - Any changes, including changing dates, switching of properties, or complete cancelations will invoke the cancelation policy. Agent recommends all Renters purchase travel insurance offered at time of booking to protect them in the event of an unexpected event affecting their vacation. Please visit www.TripPreserver.com for more information. Agent cannot offer future credits or immediate refunds for unexpected cancellations due to emergencies regardless of the situation, including but not limited to weather events and acts of God, unexpected illnesses, injury or death, changing of plans, or job loss. Please do not ask. All cancellations are subject to a fifty-dollar ($50.00) cancelation fee. Cancelations must be submitted to Agent in writing (email is acceptable). In the event of cancellation, no refund of monies paid will be made unless the Property is rerented for the same price and time period of this original vacation rental agreement. If the Property is rerented for a lesser price or time period, the original Tenant will receive a refund for the difference between the originally agreed upon rental amount and the rebooked rental amount as Owner is entitled to receive the full amount of the original rental agreement. Agent will make every effort to rerent the Property at the full amount. Tenant acknowledges that Agent has full discretion on negotiating rental rates in an effort to get the Property re-rented and make the Owner whole, while also attempting to get the Tenant the highest refund possible.
