THANK YOU AND WELCOME TO THE OUTER BANKS OF NORTH CAROLINA!
Southern Shores Realty manages over 300 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 “Landlord”, 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 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. SOUTHERN SHORES REALTY WILL CONDUCT ALL BROKERAGE ACTIVITIES IN REGARD TO THIS AGREEMENT WITHOUT RESPECT TO THE RACE, COLOR, RELIGION, SEX, NATIONAL ORIGIN, HANDICAP, FAMILIAL STATUS, SEXUAL ORIENTATION OR GENDER IDENTITY OF ANY TENANT
TERMS AND CONDITIONS
1. RENT: The advertised NIGHTLY Rental Rate on the majority of our rentals is based on 7 NIGHTS OCCUPANCY. A “Home Services Fee” will be added and charged to your reservation. Additional fees may include, but are not limited to early check-in fee, cleaning and inspection fee, optional fees such as Trip Cancellation/Interruption Insurance, Vacation Rental Damage Protection, Pet fee, and Linen rental. The total Rental Rate inclusive of the foregoing fees under this Vacation Rental Agreement is set forth herein at the top of this Agreement. Unless otherwise agreed to in writing, your initial payment of one-half (50%) to the rent set forth above and Trip Cancellation/Interruption Insurance (See Section 6) and Rental Damage Insurance (See Section 8) (optional) are required at time of booking the reservation. If a signed lease agreement and payment are not received within two (2) days following booking, the reservation will be cancelled. Final payment is due thirty (30) days prior to your arrival date. Failure to remit either payment in full will result in loss of your payment(s) and the termination of this Agreement, TIME BEING OF THE ESSENCE with respect to such payments, and such failure will subject you to Agent’s and Owner’s remedies set forth herein including, without limitation, the Section 36 Cancellations and Changes of this Agreement.
2. 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/debit cards (see Section 35). All payments are required to 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 at 4701 N. Croatan Hwy., Kitty Hawk, NC 27949. Any interest from these trust accounts accrues to Southern Shores Realty.
3. DISBURSEMENTS: Rent 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: A.The commencement of the tenancy, at which time the remaining funds may be disbursed. B. The Tenant commits a material breach, at which time the funds may be disbursed to Agent. C. The money is refunded to the Tenant. D. 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 lease agreement will not constitute a waiver or loss of any of the Tenant’s rights to reimbursement of such payments if the Tenant is lawfully entitled to the reimbursement.
4. 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 & Currituck County occupancy tax rates are 6% Tax rates are subject to change.
5. MANDATORY EVACUATIONS - NCGS § 42A-36. Mandatory Evacuations. If State or local authorities, acting pursuant to Article 1A of Chapter 166A of the General Statutes, order a mandatory evacuation of an area that includes the residential property subject to a vacation rental, the tenant under the vacation rental agreement, whether in possession of the property or not, shall comply with the evacuation order. Upon compliance, the tenant shall be entitled to a refund from the landlord of the rent, taxes, and any other payments made by the tenant pursuant to the vacation rental agreement as a condition of the tenant's right to occupy the property prorated for each night that the tenant is unable to occupy the property because of the mandatory evacuation order. The tenant shall not be entitled to a refund if: (i) 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 the tenant for losses or damages resulting from loss of use of the property due to a mandatory evacuation order; or (ii) the tenant purchased insurance offered by the landlord or real estate broker. The insurance offered shall be provided by an insurance company duly authorized by the North Carolina Department of Insurance.
6. TRIP CANCELLATION/INTERRUPTION INSURANCE: Unforeseen circumstances such as evacuations, illness, and injuries do occur. Consider purchasing Trip Cancellation/Interruption Insurance (informational pamphlet regarding Trip Cancellation/Interruption Insurance available from Generali Global Assistance). Please read the pamphlet thoroughly to determine what circumstances and events are and are not covered under CSA’s policy because Southern Shores Realty makes no representations or warranties regarding insurance coverage. If you decline to purchase the insurance offered herein and the insurance would have compensated you for losses or damages resulting from a mandatory evacuation order, you will not be entitled to a refund from Southern Shores Realty.
7. STATES OF EMERGENCY, GOVERNMENTAL ACTIVITIES AND CLOSURES ETC.: Neither Agent or Owner shall be liable for events beyond their control or occurrences of nature (Acts of God, see paragraph 30.) which may interfere with Tenant occupancy, acts of governmental agencies (for example, states of emergency, evacuation orders, beach nourishment, road and other closures, etc.). NO REBATE OR REFUND will be offered in these circumstances. Trip Cancellation/Interruption Insurance is offered (see paragraph 6 above and information provided in pamphlet provided from the insurance provider explaining coverage in detail).
8. VACATION RENTAL DAMAGE PROTECTION: As a part of your stay, you may purchase a Vacation Rental Damage Protection plan designed to cover unintentional damages to the rental unit interior that occur during your stay provided they are disclosed to management prior to check-out. If purchased, the policy will pay a maximum benefit of $3,000. Any damages that exceed $3,000 or are not covered under the plan will be charged to the credit card on file. If, during your stay at one of our rental properties, an insured person causes any damage to real or personal property of the unit as a result of inadvertent acts or omissions, the insurer will reimburse the insured for the cost of the repair or replacement of such property up to a maximum benefit of $3,000. Certain terms and conditions apply. Full details of the Vacation Rental Damage coverage are contained in the Description of Coverage or Insurance Policy. The Vacation Rental Damage plan can be purchased up to, and including at, check-in. By submitting payment for this plan, you authorize and request Generali Global Assistance/CSA Travel Protection and Insurance Services to pay directly Southern Shores Realty any amount payable under the terms and conditions of the Vacation Rental Damage Protection Plan. Please contact Southern Shores Realty directly if you do not wish to participate in this assignment or select the correct option below. In the event you do not wish to purchase this plan, all damages will be the responsibility of the Tenant.
9. DAMAGE TO PROPERTY: Tenant is responsible for all damages to the property found by Agent if not reported to Agent by 12 P.M. the day after Tenant’s arrival date. Tenant shall notify Agent of any Tenant caused damages during tenancy so that Agent may have the opportunity to fix or replace damaged items prior to the next rental. Be aware that guests of Tenant, especially children, often do not inform Tenant of damages caused, even when unintentional, so Tenant is advised to inspect the property carefully. Tenants are responsible for all damages whether caused by negligence, willful and wanton conduct and pet damage, normal wear and tear excepted. Southern Shores Realty reserves the right to charge the Tenant for any damages, including but not limited to: excessive cleaning, trash removal, theft, carpet spills/damage, breakage or relocation of furnishings/appliances, damage from animals, smoking in “non-smoking” homes, and tampering with pool and hot tub equipment. Tenant will be notified of any excessive cleaning charges or damages found and the amount that will be charged to your credit card IF necessary. Southern Shores Realty offers Tenants an optional Vacation Rental Damage Protection plan (see paragraph 8) through its partnership with Generali Global Assistance/CSA Travel Protection. This plan protects you for accidental and reported damages of up to $3,000 for a minimal fee of $55.00. All accidental damage must be reported prior to check out. Security deposits are required for tenancies of 30 consecutive days or more, non-family or large groups such as reunions, corporate retreats, etc. Agent may require a payment of 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 at 4701 N. Croatan Hwy., Kitty Hawk, NC. Interest accrued belongs to the Agent.
10. NON-SMOKING PROPERTIES: Use of cigarettes, pipes, cigars, electronic cigarettes, or other smoking paraphernalia is prohibited inside properties listed as “NO SMOKING.” Please do not improperly discard or dispose of smoking debris on dunes or in yards or around the property. Smoking in a designated non-smoking property or improper disposal of smoking debris is considered damage and cause for eviction, forfeiture of rent and a $500 fine, and additional cleaning costs and fees.
11. GROUNDS FOR EVICTION: A material breach of this Agreement by the Tenant, which, in the sole determination of the Agent, results in damage to the property, personal injury to Tenant, a breach of the peace, a nuisance to others, or a violation of law or local code, shall be grounds for termination of your tenancy. NO REFUNDS will be issued in the event you breach this Agreement and are evicted from or unable to use the Rental Property. Any Tenant, who leases residential property subject to a vacation rental agreement for 30 days or less may be evicted and removed from the property in an expedited eviction proceeding brought by the property Owner or Southern Shores Realty, if the Tenant does one of the following:
1. Holds over possession after his or her tenancy has expired.
2. Has committed a material breach of the terms of the Vacation Rental Lease Agreement that,
according to the terms of the Agreement, results in the termination of his or her tenancy.
3. Fails to pay rent as required by the Agreement.
4. Has obtained possession of the property by fraud or misrepresentation.
12. STANDARD UNIT EQUIPMENT: All units are equipped for basic housekeeping (except cleansers). 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 months\fireplaces available 10/15-4/15). Homes advertising private pools will be available April 26-October 9th unless otherwise specified in the unit description contained in this Agreement. Occasionally some pools in Dare and Currituck Counties experience a mild ground current. Generally this is not caused by a pool defect or the household electrical system, but appears as a result of the earth’s natural electrical current. Certain homes may be affected and the current tends to be intermittent in nature. Please be advised that this may affect the operation of pacemakers and other similar devices. LINENS: Bed and bath linens are not provided, unless indicated in the property description. You may bring your own linens from home or you may rent through our linen service. Please note, the following beds WILL NOT be made: sleep sofas, trundles, daybeds, rollaways, and top bunks. Your linen order may be placed at the time of making the reservation, by calling our reservations department at 800-334-1000, or on the linen order form in the Southern Shores Realty Vacation Planner. If you use the order form in the Vacation Planner, please return it with your signed Agreement 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.
13. ERRORS: Every effort has been made to ensure all property 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.
14. UNAVAILABILITY: On occasion, rental units may become unavailable for any reason, Southern Shores Realty reserves the right to relocate or refund Tenant. Except as stated later in this paragraph, if at any time or the time you are to begin occupancy of the rental unit you selected, the unit you have rented becomes unavailable or cannot be provided to you in a fit and habitable condition and Southern Shores Realty cannot provide you with a reasonably comparable substitute property in fit and habitable condition, then Southern Shores Realty will refund to you all rents you already paid. For purposes of this paragraph, a “reasonably comparable substitute property” means a rental unit for which the rental rate for the agreed upon rental period is similar to that of the unavailable rental unit you had selected. The reasonably comparable substitute property is not guaranteed to have the same attributes and amenities as the rental unit you had selected, although Southern Shores Realty will endeavor to offer a substitute with attributes and amenities similar to the rental unit you selected if Southern Shores Realty has such a unit available at a rental rate similar to that of the unavailable rental unit you had selected for the same rental period or a different rental period. Tenant agrees to indemnify Southern Shores Realty and pay any additional moneys due for any substitute rental unit selected. No part of this paragraph applies to a situation where the rental unit you selected becomes unavailable as a result of a mandatory evacuation; evacuations will be treated as Cancellations as described in paragraph 36.
15. LANDLORD 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. 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. 6. Provide a minimum of one operable carbon monoxide alarm per rental unit per level in accordance with the specifications in NCGS § 42A-31(6).
16. TENANT DUTIES: The Tenant or Tenant’s guests or invitees 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. Clean home (see paragraph 24), property and grill prior to departure and return all furnishings to their original location. 3. Dispose of all ashes, rubbish, garbage, and other waste in a clean and safe manner. 4. Roll all garbage and recycling cans to the street for pick up the night before garbage or recycling pick up and roll cans back to the house once the cans are empty. 5. Keep all plumbing fixtures in the property or used by the Tenant as clean as their condition permits. 6. 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. 7. Comply with all obligations imposed upon the Tenant by current applicable building and housing codes. 8. Be responsible for all damage, defacement, or removal of any of the property inside the rental property that is in Tenant’s 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 supplied or repairs authorized by Owner, acts of third parties not invitees of, or natural forces. 9. Notify the Landlord of the need for replacement or repair to a smoke detector. 10. Use the property for residential purposes only, not in violation of any criminal law, governmental regulation or paragraph 25 of this agreement. These duties shall not be waived; however, the Landlord and Tenant may make additional covenants not inconsistent herewith.
17. BINDING EFFECT: This Agreement shall be valid and enforceable when the Tenant has accepted the Agreement as evidenced by any 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.
18. CHOICE OF LAW AND VENUE: 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 (Dare County or Currituck County) in North Carolina where the rental property is located.
19. PETS: A. Pet Properties: Only MATURE, HOUSE-TRAINED DOGS (2 maximum) are permitted and only when stated in the unit description. A Pet Crate is recommended. Do not leave your pets alone in the unit uncrated. Pets must be accompanied by a Tenant at all times. Tenant is responsible for cleaning the Unit and the areas around property of all pet hair and excretions. No pets are allowed in pools or hot tubs. If a pet is seen in or if it is determined that a pet has been in a pool or hot tub during Tenants’ tenancy, Tenant will be charged a fee. Any extraordinary cleaning or material damage by any animal Tenant allows on the rental property and/or pools & hot tubs or grounds will be the responsibility of Tenant and shall be paid immediately upon written notification by Southern Shores Realty. Tenant shall report immediately to Agent, all pet damage (examples: to include carpet stains, other damages to flooring, steps, walls, back of doors, furniture, screens, etc.) and other damages. Southern Shores Realty reserves the right to charge the Tenant for any damages to credit card on file. Cats and other animals besides dogs 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 bring dogs, it is the Tenant’s responsibility to declare they have brought a dog and pay the Pet Fee, $165 plus tax. Each town has its own leash ordinances, which are subject to change; please refer to the Agent’s website for specific information.
B. Non-Pet Properties: Bringing any animal to a non-pet property will result in immediate eviction, Tenant paying a $500.00 fine, all cleaning costs (including carpet, pool, hot tub and grounds), flea treatment, damages, 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.
20. INTERNET: Some units may have internet access. Be advised that the unauthorized exchange/download/upload of copyrighted material (music, movies, software, etc.) may be 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. Note: Internet access speeds on the Outer Banks may be slower than what you are accustomed to at home. Refunds will not be given for slow internet or lack of internet connection.
21. CHECK IN TIME: Tenant understands and agrees that Check-In Time is NO EARLIER than 4:00 p.m., but may be later. (Agent reserves the right to change Tenant Check-in Time, at any time.) We make commercially reasonable efforts to have all units ready for check in by 5:00 p.m. or shortly after but delays can happen for a number of reasons. Allow us enough time to prepare the unit for your occupancy. If you plan to arrive early, make arrangements to do other things in case your unit is not yet available. Do not bring or purchase refrigerated foods until you have checked-in. We ask that early arrivals not meet at the unit. Units with vehicles parked or people at them appear occupied and delay the cleaning, inspection and other services as well as your check in.
22. LOCKOUTS: If you are locked out of your property, you may call our office during office hours or, at night, call our emergency maintenance number. If a key is required, you may borrow a key by coming to our office during office hours. To obtain a key after office 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 property, there is a $30.00 CASH fee payable to the SSR agent.
23. CHECK-OUT TIME: On your departure date, PROPERTY MUST BE VACATED NO LATER THAN 10:00 A.M. The unit should be left clean and ready for the next occupant. See paragraph 24 below or refer to the Important Information on your Check In packet for a list of required cleaning chores. (Agent reserves the right to change required Tenant Departure Time, at any time and will communicate any change to Tenant.)
24. TENANT – DEPARTURE CLEANING RESPONSIBILITIES: Tenant is responsible for leaving the unit clean and ready for the next occupant. All dishes, utensils, pots & pans washed and put away; refrigerator & other appliances emptied and wiped clean; counters, tables, chairs and other furnishings wiped clean; floors vacuumed and swept; all furniture returned to its original location; check closets, drawers, under beds & furniture for personal items and trash; empty all trash cans and remove trash from inside and outside around the unit and roll all garbage and recycle cans to the road for pickup; sheets and towels should be bagged or in pile in floor for pickup. This process helps to prepare the unit for Tenant’s check-in as well as the following Tenant’s arrival. Agent schedules usual and customary follow up cleaning and sanitizing of the unit after Tenant’s departure. Any excessive cleaning required after Tenant’s departure will be billed to Tenant. Tenant agrees to notify housekeeping if there are any cleaning issues upon arrival or the next morning and give Agent needed time to address any reported issue in a commercially reasonable manner.
25. FAMILY GROUPS ONLY: The use of the property is restricted to “families”. A “family” as used herein means parents, grandparents, children, spouses of children and extended family members vacationing at the property. Use of the Property by Fraternities, Sororities, or groups of unrelated individuals under 24 years of age is prohibited. Occupancy is restricted to the number of occupants for the property set forth in the property description. Tenant shall not use the property for parties, weddings or other events. (Any Exception will require prior approval from the Landlord and Agent and Tenant shall pay an additional fee & security deposit.) 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 pretenses or Tenant has breached any term of this Agreement (See paragraph 11).
26. 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 property description. Unless otherwise specified, occupancy is limited to two persons per bedroom. Bedding arrangements listed in marketing materials about the property (such as rental brochures and website descriptions) may not be taken as a representation of permitted occupancy. We will make exceptions for infants (12 months & under). Mobile units (such as campers) cannot be used at units for sleeping, cooking, or any purpose other than transportation.
27. TRANSFER OF PROPERTY: If unit is actively listed for sale, listing agent may request an appointment to show the property. a. If the Owner voluntarily sells or transfers the property, Tenant has the right to enforce this Agreement against the grantee/Owner of the property if Tenant’s occupancy under this Agreement is to end 180 days or less after the grantee’s/Owner’s interest in the property is recorded. If Tenant’s occupancy is to end more than 180 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 20 days after transfer of the property, the grantee or the grantee’s agent is required to: (i) notify Tenant in writing of the transfer of the property, the grantee’s name and address, and the date the grantee’s interest was recorded; and (ii) advise Tenant whether Tenant has the right to occupy the property subject to the terms of this Agreement or receive a refund of any payments made by Tenant. However, if the grantee engages the Agent to continue managing the property after the transfer, the grantee shall have no obligation under (i) or (ii) above if this Agreement must be honored under the Vacation Rental Act or if the grantee agrees in writing to honor this Agreement. b. Upon termination of the Owner’s interest in the property, whether by sale, assignment, death, appointment of a receiver or otherwise, the Owner, 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 within 30 days, and notify Tenant by mail of such transfer and of the transferee’s name and address. However, if Tenant’s occupancy under this Agreement is to end more than 180 days after recordation of the interest of the Owner’s successor-in-interest in the property, and the successor-in-interest 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.
28. AGENT’S INTEREST: Southern Shores Realty/Agent and/or its employees may have an ownership interest in properties 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 Cancellation/Interruption insurance or rental items (cribs, beach equipment, linens, etc.). Such fees or commissions are deemed solely the income of Southern Shores Realty.
29. RIGHT OF ENTRY: You agree that Agent may enter the property during reasonable hours to inspect the property, to make such repairs, alterations or improvements thereto as Agent may deem appropriate, or to show property to prospective purchasers. Agent and/or subcontractors may enter premises during reasonable hours to perform maintenance (ex., change air filters).
30. ACTS OF GOD, CONSTRUCTION, BEACH NOURISHMENT, ETC.: Neither Agent nor Owner shall be liable for events beyond their control or occurrences of nature which may interfere with Tenant occupancy, including acts of God, (for example, inclement weather [includes hurricanes or other weather events], beach nourishment, beach water or other waters, road and other closures, construction, cancellations, restrictions, strikes, fire, war, terrorism, health epidemic or pandemic, natural disasters, flooding, earth-quake, construction noise, flying insects or other insects or other creatures, etc.). NO REBATE OR REFUND will be offered in these circumstances. Trip Cancellation/Interruption Insurance is offered (see paragraph 6 above and information provided in pamphlet provided from the insurance provider explaining coverage in detail).
31. EQUIPMENT AND MAINTENANCE: 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. If your unit does provide a TV, we cannot always guarantee satisfactory operation. Replacement, repair, or rebate of TV’s or similar equipment will NOT be given. No reduction of rent, rebate OR refund will be issued for interruptions in cable, internet, phone, satellite service, or other utilities.
32. BEACH NOURISHMENT AND CONSTRUCTION: Some oceanfront areas may be involved in beach nourishment projects or construction projects during your stay. You may experience some inconvenience due to these endeavors. Southern Shores Realty cannot predict when or where these jobs will begin or how long they will last. Since Southern Shores Realty has no control over these situations, no compensation or moves to other properties will be provided by the Agent. For Dare County, more detailed and up to date information may be found at morebeachtolove.com. No refunds will be issued for beach nourishment or construction near your vacation rental property.
33. CAMERAS: Tenant is advised and hereby acknowledges that many properties, homes and certain homeowner associations to which the properties are a part have and use cameras and other monitoring devices that monitor the exterior of the homes and buildings located on the properties for security purposes (hereafter “Cameras”). By executing this Lease Agreement, Tenant consents on behalf of itself and all other occupants of the leased property to the Owner’s use of such Cameras and other monitoring devices to the fullest extent permitted by applicable law, and hereby releases and agrees to hold harmless to the fullest extent of the law Owner and Agent from any liabilities, damage, cost or expense whatsoever arising from or related to or arising from the Cameras and other monitoring devices.
34. HOLD HARMLESS: Tenant agrees to indemnify and save harmless to the fullest extent of the law Owner and Agent for any liabilities, theft, damage, 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 Tenant’s use and occupancy of the Property, including but not limited to any claim or liability for personal injury, sickness, damage to or theft of property or infringement of intellectual property rights (e.g., illegally downloading video, audio, or test files via any internet service located at the Property), unless caused by the grossly negligent or willful act of Agent or the Owner, or the failure of Agent or the Owner to comply with the Vacation Rental Act. EXCEPT AS EXPRESSLY PROVIDED HEREIN, NEITHER AGENT NOR OWNER ARE PROVIDING ANY WARRANTY OF ANY KIND, WHETHER WRITTEN OR ORAL, STATUTORY OR CONTRACTUAL, EXPRESS OR IMPLIED. AGENT AND OWNER DISCLAIM ANY WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE OR USE. The terms “Agent” and “Owner” as used in this Agreement shall include their heirs, successors in interest, assigns, employees, agents, and representatives where the context requires of permits. The terms “Tenant”, “You”, and “Your” as used in this Agreement shall include Tenant’s heirs, successors, assigns, guests, invitees, representatives and other persons on the Property during Tenant’s occupancy (without regard to whether such persons have authority under this Agreement to be upon the Property), where the context requires or permits.
35. CREDIT/DEBIT CARDS: Southern Shores Realty uses a third party processing center, Vacation Rent Payment/Yapstone, to process Visa/Master/Discover/Debit Cards. When paying by credit card/debit card (Visa, Discover, or MasterCard) the following guidelines apply: The person named and endorsing this Agreement must also be the person whose name is on the credit card. Upon our acceptance of your credit card, your reservation will be considered immediately confirmed. 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 in paragraph 36 regarding Cancellations. Tenant damages will be charged to the credit card on file, if Damage Insurance is not purchased (See paragraphs 8 and 9).
36. CANCELLATIONS AND CHANGES: All cancellations must be received in writing and are subject to $175 Cancellation Fee. No refund of payment will be made on confirmed reservations until the canceled period is fully re-rented and confirmed with payment for the same rental amount (if multiple reservations make up the canceled period then all reservations must be confirmed with payment before a refund is processed). Tenant will be responsible for any discounts (plus tax) extended to re-rent the property. Every effort is made to re-rent the home; however, if the home does not re-rent, all monies received will be forfeited and Tenant will remain obligated to Agent for amounts due for the Property you selected. Once re-rented, all payments (less non-refundable travel insurance premium, non-refundable cancellation fee and any discounts) will be returned to the credit/debit card(s) used to secure your reservation. If your card is no longer active (canceled, expired, etc) you will receive your refund by mailed check instead. If you secured your reservation by cash, check, or money order you will receive your refund by mailed check. Please note: Refunds could take up to 30 days to be processed after payment is received on the re-rented period. ANY change you make to a confirmed reservation (including a transfer to a different week in the same Property with advance Owner approval) will be subject to a Change Fee of $150. Owner approval is required to switch rental weeks within the same Property. Changes from a higher rental rate to a lower rental rate will remain at the higher rate unless the original higher rate week is fully re-rented and confirmed. In the event the canceled period is not re-rented, guest is not entitled to any claim against Agent or Owner arising out of Guest’s inability to complete his/her vacation plans for any reason outside of the control of Agent or Owner. Please note: Nonpayment of any deposits or balances due may result in reservation cancellation.
