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You would like to rent "CATCHING RAYS" #1162 for the week beginning 07/13/2013.
Base Rent: $3480.00
THANK YOU AND WELCOME TO THE OUTER BANKS OF NORTH CAROLINA!
Southern Shores Realty manages over 650 privately owned homes on the Outer Banks of North Carolina. We hope you will be satisfied with your selection. Please remember that Southern Shores Realty is employed as Agent by the property owner, and will be acting in the best interest of the property owner. We will be unable to make substitutions or other accommodation arrangements after your arrival. Southern Shores Realty disburses advance rent payments to the property owner account upon receipt.
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 EVICITION OF TENANTS. YOUR SIGNATURE ON 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.
- RENT: The advertised Rental Rate is based on 7 NIGHTS OCCUPANCY. There is no additional cost other than taxes and optional fees such as Travel Insurance, Pet fee, and Linens.
- PAYMENT POLICIES: All fees are subject to change. Accepted forms of payment are money orders, cashier's and certified checks, personal checks/e-Checks (if received at least 30 days before check-in date), and credit cards (see Section 24). All payments should be in US dollars. Should your personal check be returned for any reason, there will be a $25.00 service charge (subject to change) added to your account balance. We cannot accept personal checks at check-in, nor during your stay. Advance rent, final payments and security deposits are held in rental trust accounts at: PNC Bank, Any interest from these trust accounts accrues to Southern Shores Realty.
- Rent payments will payments will not be disbursed prior to occupancy of the property by the tenant in an amount greater than 50% of the total rent except any fees owed to third parties to pay for goods, services, or benefits procured for the benefit of the tenant. The funds remaining after any disbursement will remain in the trust account and will not be disbursed until the occurrence of one of the following: 1. The commencement of the tenancy, at which time the remaining funds, may be disbursed. 2. The tenant commits a material breach. 3. The money is refunded to the tenant. 4. The funds are transferred upon the termination of the property owner’s interest in the property. Funds collected for sales tax, occupancy tax, and security deposits will not be disbursed prior to the termination of the tenancy or material breach of the agreement by the tenant, except as a refund to the tenant. The tenant’s execution of the vacation rental agreement will not constitute a waiver or loss of any of the tenants rights to reimbursement of such payments if the tenant is lawfully entitled to the reimbursement.
- TAXES: North Carolina sales tax and County occupancy tax are added to your total rent and will be due when the balance of your rent is paid. The current state sales tax is 6.75 %. The current Dare county occupancy tax rate is 5% & Currituck county occupancy tax rates are 6%.* Tax rates are subject to change
- TRAVEL/LODGING PROTECTION PLAN: : Unforeseen circumstances, illness, and injuries do occur. Protect your family by purchasing CSA Trip Cancellation/Interruption Insurance; A detailed informational pamphlet is enclosed. If you decide not to purchase the Trip Cancellation/Interruption Insurance, please initial the spot indicated. (ENCLOSED ATTACHMENT) TO DECLINE TRAVEL INSURANCE PROTECTION, PLEASE DEDUCT THE INSURANCE PREMIUM FROM YOUR ADVANCE RENT. INITIAL HERE _________________________
- DAMAGE TO PROPERTY: Please report to our office, any damages upon your check-in or accidental damage that occurs during your stay. Tenants are responsible for all unreported damages, damage caused by negligence, willful and wanton conduct and pet damage. Security deposits are required for tenancies of 30 consecutive days or more or non-family or large groups such as reunions, corporate retreats, etc. Agent may require a payment of such tenant security deposits as Agent and Owner agree appropriate. This deposit will be fully refunded within 45 days of your departure provided there is NO DAMAGE to the unit. If Southern Shores Realty withholds all or part of the security deposit, Tenant shall be provided an accounting of the funds withheld and an opportunity to object in writing to the failure to fully refund the deposit. Notwithstanding any language contained herein, the security deposit may be applied to actual damages caused by the Tenant as permitted under the Tenant Security Deposit Act. Security Deposits are deposited in an interest bearing account at PNC Bank. Interest accrued belongs to the Agent.
- STANDARD UNIT EQUIPMENT: All units are equipped for basic housekeeping (except cleansers, sheets, and towels). This includes furniture, washers, dryers, TV, kitchen appliances, pots, pans, dishes, silverware, vacuum cleaner if carpeted, one blanket per bed and one pillow per occupant(unless specified in the description). Any items you feel will be necessary for your vacation should be brought with you from home or rented, except window unit air conditioners, which are NOT allowed in units if not provided by the property owner. Seasonal Items such as fireplaces, pools, hot tubs, or screened porches may not be operational or available except during the appropriate season (i.e. screens are stored for winter months\gas log fireplaces are not refilled in summer monthsireplaces available 10/15-4/15). Homes advertising private pools will be available May 4 October 14 unless otherwise specified in the unit description contained in this agreement. LINENS: Bed and Bath linens are not provided, unless indicated in the cottage description. You may bring your own linens from home or you may rent through our linen service. Your linen order may be placed on the first page of this lease in the right hand column or on the linen order from in the Southern Shores Realty Vacation Planner. If you use the order from in the Vacation Planner, please return it with your signed lease or balance payment. Linen rental rates are as stated. Current sales tax & occupancy tax applies to all rental items. Due to Health Department regulations, credit or refunds cannot be given for unused linens.
- ERRORS: Every effort has been made to ensure all descriptions are accurate, however, Southern Shores Realty is not responsible for changes or errors in rates, furnishings, bed arrangements and equipment or for down time of inoperative equipment.
- If the unit you have rented is or becomes unavailable or unsuitable for rent for any reason whatsoever, including, but not limited to, casualty loss, construction delays, physical deterioration or loss of water or electric service(s), Southern Shores Realty will inform you and endeavor to place you in comparably priced accommodations. Tenant shall indemnify and hold Southern Shores Realty harmless from any expense including, but not limited to, additional rents paid for these accommodations for the displaced tenant(s). However, if comparable accommodations are unavailable Southern Shores Realty will refund all rents paid.
- Landlord and tenant duties: A landlord of a residential property used for a vacation rental shall: 1. Comply with all current applicable building and housing codes. 2. Make all repairs and do whatever is reasonably necessary to put and keep the property in a fit and habitable condition. 3. Keep all common areas of the property in safe condition. 4. Maintain in good and safe working order and reasonably and promptly repair all electrical, plumbing, sanitary, heating, ventilating, and other facilities and major appliances supplied by him or her upon written notification from the tenant that the repairs are needed. 5. Provide operable smoke detectors. The landlord shall replace or repair the smoke detectors if the landlord is notified by the tenant in writing that replacement or repair is needed. The landlord shall annually place new batteries in a battery-operated smoke detector, and the tenant shall replace the batteries as needed during the tenancy. Failure of the tenant to replace the batteries as needed shall not be considered negligence on the part of the tenant or landlord. These duties shall not be waived; however, the landlord and tenant may make additional covenants not inconsistent herewith in the vacation rental agreement. The tenant of a residential property used for a vacation rental shall: 1. Keep that part of the property he or she occupies and uses as clean and safe as the conditions of the property permit and cause no unsafe or unsanitary conditions in the common areas and remainder of the property. 2. Dispose of all ashes, rubbish, garbage, and other waste in a clean and safe manner. 3. Keep all plumbing fixtures in the property or used by the tenant as clean as their condition permits. 4. Not deliberately or negligently destroy, deface, damage, or remove any part of the property or render inoperable the smoke detector provided by the landlord, or knowingly permit any person to do so. 5. Comply with all obligations imposed upon the tenant by current applicable building and housing codes. 6. Be responsible for all damage, defacement, or removal of any of the property inside the property that is in his or her exclusive control unless the damage, defacement, or removal was due to ordinary wear and tear, acts of the landlord or his or her agent, defective products, or natural forces. 7. Notify the landlord of the need for replacement or repair to a smoke detector.
- No vacation rental agreement shall be valid and enforceable unless the tenant has accepted the agreement as evidenced by one of the following: 1. The tenant’s signature on the agreement. 2. The tenant’s payment of any monies after the tenant’s receipt of the agreement. 3. The tenant’s taking possession of the property after the tenant’s receipt of the agreement.
- This agreement shall be interpreted in accordance with the laws of the State of North Carolina. Parties agree that in the event of a dispute, that the agreement is to be considered as having been entered into in the county where the rental unit is located and that in the event of a dispute, parties agree that any legal action may only be instituted in the county in North Carolina where the rental property is located.
A. Houses that allow pets: Only MATURE DOGS (2 maximum) are permitted and only when stated in the unit description. A Pet Crate is recommended when you leave your pet alone in the unit. Tenant is responsible for cleaning the area around Property of all pet excretions. Do not allow your pet into the pools or hot tubs. Any extraordinary cleaning or material damage by pet to the Rental Property and/or pools & hot tubs will be the responsibility of Tenant and shall be paid immediately upon written notification by Southern Shores Realty. Cats and other animals are strictly prohibited. If you do bring a dog, a non-refundable pet fee is collected to aid in cleaning and flea treatment expenses. Since pet units are often rented by families who do not own or bring dogs, it is the tenant’s responsibility to declare they have brought a dog and pay the Pet fee ($95 plus tax). Each town has its own ordinances, which are subject to change; please refer to the web site for specific information. (For example: From May 15 to September 15 dogs are allowed on the Southern Shores Beaches before 9 a.m. and after 6 p.m. with a leash not to exceed ten (10) feet and must carry a scooping device.)
B. Houses that do not allow pets: When a property owner has specified "NO PETS", this request must be honored. Bringing a pet to a Non-Pet property will result in immediate eviction, a $500.00 fine and no refund of rental monies. Southern Shores Realty cannot guarantee that a non-pet property has not had pets present on the property at some time.
- Telephones: All units have touch-tone phone service. To obtain your phone number if it is not written on the phone, dial 311 and a recorded message will announce the phone number. In most homes there will be a long-distance “block” requiring the use of a credit card or calling card. Use a cell phone , credit card, calling card, or reverse the charges for all long-distance calls. Please pay for any long distance calls made in error before departing. Important—some homes offer a free long distance service. Check the property description. Internet: Some units may have internet access. Be advised that the unauthorized exchange/download/upload of copyrighted material (music, movies, software, etc.) maybe prohibited by the Digital Millennium Copyright Act. Such unauthorized exchange/download/upload is strictly prohibited under this Agreement and tenant agrees to indemnify and hold harmless the unit owner and Southern Shores Realty from any civil or criminal prosecution that may result from such unauthorized and prohibited use
- RENTAL UNIT KEYS: cannot be issued until your unit is inspected, any necessary repairs or routine maintenance completed and the unit is reported as ready for occupancy. This is usually after 4:00 p.m., but could be as late as 5:00 p.m. Please allow us enough time to prepare the unit properly for your occupancy. If you plan to arrive early, make arrangements to do other things in case your unit is not yet available. We ask that early arrivals meet at our office and not at the unit. Units with vehicles parked at them appear occupied and delay the inspection and cleaning, as well as your check-in. Please note: Your check–in packet will be given to the first member of your party (over the age of 24) to arrive at our office unless we are advised otherwise. LOCKOUTS: If you are locked out of your cottage, you may borrow a key by coming to our office during office hours. After hours you may call the emergency number posted on the bulletin board by our front door. A $10.00 CASH fee, payable to the SSR agent who assists you, is charged if the agent meets you at the office. If the agent meets you at the cottage, there is a $30.00 CASH fee payable to the SSR agent.
- LATE ARRIVALS: If you find you are unable to arrive at our office prior to closing, give us a call for special 'late arrival' instructions. Please let us know as soon as possible if you are arriving late so we can prepare your instructions.
- CHECK-OUT TIME: On your departure date, PREMISES MUST BE VACATED AND KEYS RETURNED TO OUR OFFICE NO LATER THAN 10:00 A.M The unit should be left clean and ready for the next occupant. Refer to the Important Information pages in our current rental catalog for a list of required cleaning chores. Please stop by our office to return keys, report damages, and check for mail and/or messages.
- FAMILY GROUPS ONLY: The use of the Premises is restricted to 'families'. A 'family' as used herein means parents, grandparents, children, spouses of children and extended family members vacationing at the premises. Use of the Premises by Fraternities, Sororities, or Unrelated Groups Under 24 Years of Age Is Prohibited. Occupancy is restricted to the number of Occupants for the Premises set forth in the property description. Southern Shores Realty operates under the North Carolina Vacation Rental Act and will commence an expedited eviction under this law if a home is rented under false pretense.
- UNIT CAPACITY: The property owner in accordance with the county health department regulations sets Occupancy limits. We must ask you to restrict your family to the capacity stated in the cottage description. 'Capacity 6-8' means that there are beds to sleep 6, plus other arrangements (such as convertible sleep sofas or rollaways) to accommodate up to 2 additional people if you choose for a total of 8. We will make allowances for infants (12 months & under). Mobile units (such as campers) cannot be used at units for sleeping, cooking, or any purpose other than transportation
- If unit is actively listed for sale, listing agent may request an appointment to show the property. Transfer of property subject to a vacation rental agreement: The grantee of residential property voluntarily transferred by a landlord who has entered into a vacation rental agreement for the use of the property shall take title to the property subject to the vacation rental agreement if the vacation rental is to end not later than 180 days after the grantee’s interest in the property is recorded in the office of the registrar of deeds. If the vacation rental 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 the agreement unless the grantee has agreed in writing to honor those terms, but the tenant shall be entitled to a refund of any payments made by him or her. Prior to entering into any contract of sale, the landlord shall disclose to the grantee the time periods that the property is subject to a vacation rental agreement. Not later than 10 days after transfer of the property the landlord shall disclose to the grantee each tenant's name and address and shall provide the grantee with a copy of each vacation rental agreement. Not later than 20 days after the transfer of the property, the grantee or the grantee's agent shall: 1. Notify each tenant in writing of the property transfer, the grantee's name and address, and the date the grantee's interest was recorded. 2. Advise each tenant whether he or she has the right to occupy the property subject to the terms of the vacation rental agreement. 3. Advise each tenant whether he or she has the right to receive a refund of any payments made by him or her. Upon termination of the landlord's interest in the residential property subject to a vacation rental agreement, whether by sale, assignment, death, appointment of receiver or otherwise, the landlord or landlord's agent, or the real estate broker, shall within 30 days, transfer all advance rent paid by the tenant, and the portion of any fees remaining after any lawful deductions are made, to the landlord's successor in interest and thereafter notify the tenant by mail of such transfer and of the transferee's name and address. For vacation rentals that end more than 180 days after the recording of the interest of the landlord's successor in interest, unless landlord's successor in interest has agreed in writing to honor the vacation rental agreement, the landlord or the landlord's agent, or the real estate broker, 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. Compliance with this shall relieve the landlord or real estate broker of further liability with respect to any payment of rent or fees. Funds held as a security deposit shall be disbursed. If prior to the tenant's occupancy of the property, the landlord's interest in the property is involuntarily transferred to another, the landlord shall refund to the tenant within 60 days after the transfer any payments made by the tenant. The failure of a landlord to comply with this provision shall constitute an unfair trade practice. A landlord who complies with these requirements has no further obligations to the tenant.
- Southern Shores Realty and/or its employees may have ownership interest in unit(s) or accessories offered for rent. Vendors, Agencies, Utilities and/or others may pay fees or commissions to Southern Shores Realty for using their services, including but not limited to the trip interruption insurance, or rental items (cribs, beach equipment, linens etc). Such fees or commissions are deemed solely the income of Southern Shores Realty.
- Right of entry. You agree that Agent may enter the Premises during reasonable hours to inspect the Premises, to make such repairs, alterations or improvements thereto as agent may deem appropriate, or to show Premises to prospective purchasers.
- REFUNDS: THERE WILL BE NO REFUNDS FOR INCLEMENT WEATHER, INCLUDING HURRICANES, MANDATORY EVACUATIONS, OR STATES OF EMERGENCY. Travel Insurance Protection is provided through Southern Shores Realty, see reverse side of document for cost of coverage. We have also enclosed a brochure from the insurance provider to explain coverage in detail. If state or local authorities order a mandatory evacuation of an area that includes the residential property subject to a vacation rental, the tenant in possession of the property shall comply with the evacuation order. The tenant will not be entitled to any refund if prior to the tenant taking possession of the property the tenant refused the insurance offered. All equipment in each unit should be in working order. Please report any inoperative equipment to our office promptly. We will make every reasonable effort to have repairs made as soon as possible; however, there are limited service contractors in our area. No reduction of rent, rebate or refund will be issued for any mechanical failure of air conditioning, dishwasher, washer, dryer, TV, luxury items (i.e. hot tubs, pools, Jacuzzi), or other appliances. Agent and/or subcontractors may enter premises during reasonable hours to perform maintenance (ex., change air filters). No refunds will be issued for construction near your vacation rental property.
- CREDIT CARDS: Southern Shores Realty uses a third party processing center, Vacation RentPayment to process Visa/Master/Discover Cards. When paying by credit card (Visa, Discover or MasterCard) the following guidelines apply: The person named and endorsing the lease must also be the person whose name is on the credit card. (2) Upon our acceptance of your credit card, your reservation will be considered immediately confirmed, subject to our receipt of a signed lease. For Late Bookings - If a credit card is used to pay for a last minute booking (less than 45 days prior to arrival), we will charge the entire amount to your credit card including rent, taxes, and other fees that apply (pet, linen, etc.). In the case of a 'No-Show' the reservation will be treated as a cancellation, and will fall under the rules specified in Section 25 Cancellations.
- CANCELLATIONS: (including transfers to another cottage) If you must cancel your confirmed reservation regardless of reason (including bad weather, illness, death, or economic factors) and the unit is not re-rented for the entire canceled period, YOU WILL FORFEIT ALL MONEY). If the unit is re-rented for the entire canceled period, all money prepaid (less the cancellation fee, and travel insurance) will be refunded. However, ANY change in a confirmed reservation, or transfer to a different week in the same unit (owner approval required), or a cancellation that re-rents will be subject to a cancellation fee of $150 plus the non-refundable Travel Insurance premium. INITIAL HERE _________________________
By initialing in this box, I acknowledge that I have read, understand and accept the Terms and Conditions of the southern Shores Realty Vacation Rental Agreement. INITIAL HERE_________________________
Please sign and date both copies. Keep one for your files and return one copy to us along with your deposit.
Version September 15, 2011
Please fill out the reservation form below. Fields with * are required.