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 EXPEDITED EVICTION OF THE TENANTS. YOUR SIGNATURE ON THIS AGREEMENT, OR PAYMENT OF MONEY OR TAKING POSSESSION OF THE PROPERTY AFTER RECEIPT OF THIS AGREEMENT, IS EVIDENCE OF YOUR ACCEPTANCE OF THE AGREEMENT AND YOUR INTENT TO USE THIS PROPERTY FOR A VACATION RENTAL.
Real Estate Agency: CAROLINA PROPERTIES
Address: 2483 Memorial Highway, Lake Lure, North Carolina 28746
Phone: 828-625-9800 Email: Stay@CarolinaProperties.com
Agent, as an agent of the owner, hereby rents to Tenant (Guest), and Tenant (Guest) hereby rents from Agent, the vacation property described below (referred to hereafter as the “Premises”) on the terms contained in this Agreement.
AGENT SHALL 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.
Tenant Representation. Tenant represents and warrants that Tenant is at least 25 years old and that Tenant will occupy the Premises during the Term of the tenancy created hereunder.
*Tax rates are calculated as of the time of this Agreement. Tenant shall be responsible for payment of all applicable taxes according to rates in effect at the time of occupancy.
NOTE: TENANT’S DECISION WITH RESPECT TO THE PURCHASE OF TRIP INTERRUPTION INSURANCE WILL AFFECT TENANT’S RIGHTS IN THE EVENT OF A MANDATORY EVACUATION. SEE MANDATORY EVACUATION DETAILS BELOW.
Trust Account. Any advance payment made by Tenant shall be deposited in a non-interest-bearing trust account with WELLS FARGO located in Rutherfordton NC
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: (i) 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 the remainder of the Premises that Tenant uses; (ii) not deliberately or negligently destroy, deface, damage, or remove any part of the Premises or knowingly permit any person to do so; and (iii)notifying Agent in writing of the need of replacement of or repairs to a smoke detector, and replacing the batteries as needed during the tenancy. Tenant agrees not to use the Premises for any activity or purpose that violates any criminal law or governmental regulation and may use the Premises for residential purposes only. Tenant’s breach of any duty contained in this paragraph shall be considered material and shall result in the termination of Tenant’s tenancy.
Occupancy Limits. Unless otherwise stated in paragraph 1, occupancy of the Premises shall be limited to two persons per bedroom, including family, children, and Tenant guests. Bedding arrangements in the Premises are portrayed only to illustrate possible sleeping arrangements and may not be taken as a representation of permitted occupancy. Tenant agrees to be responsible for ensuring that maximum permitted occupancy of the Premises is not exceeded during the term of this Agreement and should contact the Agent with any questions regarding permitted occupancy of the Premises.
Agent Duties. Owner is required to provide the Premises in a fit and habitable condition. If at the time Tenant is to begin occupancy of the Premises, the Premises are not in a fit and habitable condition and Agent cannot substitute a reasonably comparable property in such condition, Agent shall refund to Tenant all payments made by Tenant.
Cancellation. In the event of a cancellation by Tenant: If you cancel a confirmed reservation outside of 30 days prior to arrival there is only a $50 cancellation fee. If you cancel within 30 days of arrival, there is no refund unless we get the home re-rented. If the home is re-rented for your canceled dates, we will refund all but the $50 cancellation fee. Whether or not the Premises are re-rented, Tenant, rather than Agent, shall be responsible for seeking reimbursement of any fees paid by Tenant to Agent for goods, services, or benefits procured by Agent from third parties for the benefit of Tenant that may have been paid out prior to Tenant’s cancellation. NOTE: Trip interruption insurance may provide coverage for losses incurred by Tenant in the event of a cancellation.
Transfer of Premises. (a)If the owner voluntarily transfers the Premises, Tenant has the right to enforce this Agreement against the grantee of the Premises if Tenant’s occupancy under this Agreement is to end 180 days or less after the grantee’s interest in the Premises is recorded. If Tenant’s occupancy is to end more than 180 days after such recordation, Tenant has no right to enforce the terms of this Agreement unless the grantee agrees in writing to honor this Agreement. If the grantee does not honor this Agreement, Tenant is entitled to a refund of all advance rent paid by Tenant (and other fees owed to third parties not already lawfully disbursed). Within 20 days after transfer of the Premises, the grantee or the grantee’s agent is required to: (i) notify Tenant in writing of the transfer of the Premises, the grantee’s name and address, and the date the grantee’s interest was recorded; and (ii) advise Tenant whether Tenant has the right to occupy the Premises subject to the terms of this Agreement or receive a refund of any payments made by Tenant. However, if the grantee engages Agent to continue managing the Premises 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 Premises, whether by sale, assignment, death, the appointment of a receiver, or otherwise, the owner, owner’s agent, or real estate agent is required to transfer all advance rent paid by Tenant (and other fees owed to third parties not already lawfully disbursed) to the owner’s successor-in-interest 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 Premises, 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.
Mandatory Evacuation. If State or local authorities order a mandatory evacuation of an area that includes the Premises, Tenant shall comply with the order. Upon compliance, Tenant will be entitled to a refund of the prorated rent for each night that Tenant is unable to occupy the Premises because of the order. However, Tenant will not be entitled to a refund if, prior to taking possession of the Premises: (i) Tenant refused insurance offered by Agent that would have compensated Tenant for losses or damages resulting from loss of use of the Premises due to a mandatory evacuation order, or (ii) Tenant purchased such insurance from Agent.
Expedited Eviction. If the tenancy created hereunder is for 30 days or less, the expedited eviction procedures set forth in the Vacation Rental Act will apply. Tenant may be evicted under such procedures if Tenant: (i) holds over in possession after Tenant’s tenancy has expired; (ii) commits a material breach of any provision of this Agreement (including any addendum hereto) that according to its terms would result in the termination of Tenant’s tenancy; (iii) fails to pay rent as required by this Agreement; or (iv)has obtained possession of the Premises by fraud or misrepresentation.
Indemnification and Hold Harmless; Right of Entry; Assignment. Tenant agrees to indemnify and hold harmless Agent and the owner from and against any liability for personal injury or property damage sustained by any person (including Tenant’s guests) as a result of any cause unless caused by the negligent or willful act of Agent or the owner, or the failure of Agent or the owner to comply with the Vacation Rental Act. Tenant agrees that Agent, the owner, or their respective representatives may enter the Premises during reasonable hours to inspect the Premises, to make such repairs, alterations or improvements thereto as Agent or owner may deem appropriate, or to show the Premises to prospective purchasers or tenants. Tenant shall not assign this Agreement or sublet the Premises in whole or part without written permission of Agent.
Pets. Unless otherwise specifically permitted in this Agreement (including any addendum hereto), no pets shall be allowed on the Premises. Tenant’s breach of this provision shall be considered material and shall result in the termination of Tenant’s tenancy.
Governing Law; Venue. The parties agree that this Agreement shall be governed by and construed in accordance with the laws of the State of North Carolina and that in the event of a dispute, any legal action may only be instituted in the county where the Property is located.
Addenda. Any addenda to this Agreement are described in the following space and attached hereto: RENTAL POLICY/RULES. Tenant agrees that Tenant has received and read any such addenda and that they shall constitute an integral part of this Agreement.
Use of Electronic Means, Notice. The parties agree that electronic means may be used to sign this Agreement or to make any modifications the parties may agree to and that any written notice, communication, or documents may be transmitted electronically to any e-mail address, cell phone number, or fax number used by the parties to communicate during this Agreement. Any notices required or authorized to be given hereunder or pursuant to applicable law may also be mailed to Tenant’s address or hand-delivered to the Tenant at the address of the Premises and to the Agent at the Agent’s address.
Check-In Time: Check-in time is 4 pm (Eastern Time) or anytime thereafter. No guaranteed check-in prior to 4 pm. Early check-in IF available and authorized is 1 pm and a fee of $50 will be charged. We urge you to check in during normal business hours so we can help you locate your rental if needed and if there are any problems with your rental home so that we can address them the first day of your stay. If arriving after hours, please note that non-emergency-related items will be addressed the following morning. Late arrivals should be avoided if possible as assistance locating your vacation property is not available after 9 pm. **Under no circumstances shall anyone in your group arrive at the home prior to normal check-in time unless arrangements have been made and authorized. Electronic locks will not open until 4 pm.
Checkout Time: Checkout time is by 10 am (Eastern Time). Late checkouts MAY be available but MUST be authorized. Late checkout time is 1 pm and will be charged a $50 fee. Checkouts after 1 pm will be charged the applicable daily rate. No proration is available.
Advance Deposit/Balance Due: An advance deposit of 50% of the total rental amount must be received in order to confirm your reservation. The entire balance must be paid in full no less than 30 days prior to your arrival date. For reservations made less than 30 days before your arrival date, payment in full by Debit Card, MasterCard, Visa, Discover, or American Express is required at the time of booking. If full payment has not been received 30 days prior to the arrival date and arrangements have not been made for late payment, we will consider the reservation canceled and advance deposit forfeited. While we will make every attempt to make contact prior to the 30 days, payment responsibility rests with the guest.
Travel Insurance: Carolina Properties highly recommends you purchase travel insurance/trip interruption insurance to protect your trip and your investment, and we are pleased to offer Rental Guardian Travel Insurance. This insurance is available at a rate of 7% of your total rental amount. There is also a cancel anytime policy, available at a rate of 10.8% please inquire. Payment for travel insurance is due with your initial rental deposit payment. Although this insurance is optional Carolina Properties Management strongly urges you to accept this insurance as our policy does not allow refund of monies for family emergencies, death, inclement weather, road conditions due to weather, etc.
Occupancy: Each rental lists the maximum occupancy and number of beds available. Please consider all members of your family when making your reservation. Our properties are intended for family groups only and mature persons over the age of 25. If the number of occupants exceeds the reservation number, Carolina Properties reserves the right to refuse occupancy or have the property vacated with no refund of rent. WE DO NOT ALLOW fraternities, sororities, school groups, or any group with the intent of having a party/event. Our homes are intended for couples or family vacations.
Pets: Some homes are pet friendly and are so noted on our site; www.CarolinaPropertiesNC.com. Pet-friendly properties accept up to two (2) dogs. “Visiting” pets are not allowed. It is your responsibility to clean up and properly dispose of any pet waste created by your pet. Any guest found with a pet in a home/on a property that is not pet friendly will be required to vacate without refund; This is strictly enforced.
Smoking: We do not allow smoking or vaping in any of our rental homes. Some homes will allow smoking on outside decks and porches. If at one of the homes that allow outside smoking, please do not discard smoking material on the ground, and please do not smoke next to an open door or window. Smoking inside any of our homes will result in eviction and forfeiture of rents and additional cleaning fees.
Trash Removal: We recommend you bring more trash bags than you think you will need as failure to properly dispose of garbage will result in a minimum $50.00 charge. The Arrival/Departure information we send you will provide garbage disposal details/instructions. ALL TRASH MUST BE IN BAGS, kitchen size or larger and TIED CLOSED. No Loose Garbage in the cans, please. Decide in advance if you would like for us to remove your tied closed bags from the home for your convenience on the day of departure. The minimum charge is $25.00 plus $2.00 per bag.
Parking: Parking. Due to our mountainous region, parking for each rental is limited. Please observe the parking limitations as posted with the rental listing. Please contact our office if you have special parking needs. No changes or refunds given due to fear of heights, roads, or driveways.
Property Equipment: Each rental property is privately owned, each has met our basic inventory requirements, and each is decorated and furnished according to the taste of the owner. All properties include basic furniture and standard equipment. Please be respectful and treat our homes with care and consideration. The person making the reservation for the rental assumes full responsibility for the actions of all guests occupying such rental home and accepts full responsibility of payment of any charges, extra cleanup, damages (non-accidental in nature). Please DO NOT ALLOW CHILDREN TO JUMP ON BEDS/FURNITURE OR PLACE HANDS/FEET ON PAINTED WALLS. Most homes have locked closets, boathouses, or utility areas that are not included in the rental, please respect the privacy of these areas.
Pool Tables: Select homes have pool tables. Please use care when using the pool table. If you see the cue tip is broken, please do not use it on the table but rather please call us 828-625-9800 so the table is not damaged, we are happy to make repair/replace.
Hot Tubs and/or Jacuzzis: Do not use foaming agents such as bubble baths of any kind, they may cause severe damages to the mechanical parts of the tub, and you will be charged a cleaning fee of $50.00 for the removal of foaming agents. Additionally, you will be charged for any damages to the tub as a result of the foaming agents. For Jacuzzis or whirlpools, please do not turn on the timer switch for the jets until the tub is filled above the jets for this will air-lock your jets and possibly damage the motor, either of which will result in you being billed for the damage. Hot tub covers are not to be walked on (even by small children), sat upon, or used as sleds. The cost to repair or replace these covers is around $350. You will be charged for damages from misuse.
Insects: Guests may occasionally encounter small amounts of ladybugs, flies, bees, wasps, brown wood roaches, etc. All our rental homes are professionally treated on a regularly scheduled basis by a licensed pest control company, however, you are visiting a mountainous area and occasionally pest make their way inside. No refunds or discounts are given in these instances.
Good neighbor policies: Many of our rental properties are in mix-use neighborhoods that include short-term guests and year-round residents. Please be considerate and respectful of neighboring properties and their rights to privacy and quiet enjoyment. Sound carried, especially on or near the lake. Please observe QUIET HOURS OF 10 PM to 7 AM. No discharging of firearms at rental properties. Do not trespass or use items or amenities belonging to another property. The person making the reservation assumes full responsibility (legal and financial) for the actions of all guests occupying the rental property.
Gas/Charcoal Grills: Gas and charcoal grills have been exceedingly difficult to maintain due to abuse and failure to clean by previous guests. We will make every effort to ensure the grill is clean and if propane, the tank is adequately full prior to your arrival. For homes with charcoal grills please bring your favorite charcoal as we do not supply it; there are too many choices and preferences. We ask that you please help us by cleaning the grill after your use.
Transfer: If circumstances require (including but not limited to power outages, well issues, etc.) Carolina Properties reserves the right to substitute comparable accommodations. If comparable accommodations are not available, then guests may choose from available properties at the published rate or receive a refund.
Standard Provisions: Minimum standard provisions provided include kitchen wares, linens, towels, wastebaskets, etc.
Staples: An initial set up of trash can liners, toilet tissue, paper towels (at the kitchen sink) will be provided; You will also find dishwashing soap and dish detergent under the sink. You must bring your own soap products, paper products, cleaning supplies, toiletries, food, trash bags, and other necessities. We also recommend you bring your own beach towels; we do not permit towels or linens to be taken out of the home for outdoor activities. There are several small convenience and specialty stores available if needed.
Housekeeping: All rentals include cleaning and linens (except, Cottage in The Cove). Rates quoted for each rental do include linens and cleaning service before and after your stay. Upon departure, guests are asked to put dishes in the dishwasher (if applicable) and start the cycle, take out the trash including all items in the refrigerator, and dispose of as indicated in their instructions which are provided 3 times prior to arrival, twice via email and once via text message. Please DOUBLE AND TRIPLE CHECK AND DON’T LEAVE ANYTHING BEHIND, it is very cumbersome collecting and sending items back to our guests due to our rural area.
Water and Septic: Most of the homes in our remote location are on well and septic systems. Septic systems can clog up if improper material is flushed at any time. Feminine products/baby diaper wipes/adult flushable wipes can all clog systems and cause damage. Please place all such items in a trash container rather than flushing. Private wells occasionally have a harmless yet distinct odor from minerals. Normally if you run the water for a bit, it goes away.
Boats: Some types of boats may be rented at various locations however if you wish to bring your own boat and you are not a Lake Lure property owner a visitor permit is required and can be obtained from the Town of Lake Lure. For current permit fees please visit www.TownofLakeLure.com or call the town hall at 828-625-9983
No Rebates/No Refunds: No refunds will be made for breakdown or malfunction of appliances, TV, DVD, HVAC, Jacuzzi, Hot Tub, etc. We will however make every effort to resolve the issue as quickly as possible. No refunds for inclement weather, power outages, water, cable/satellite outages, the occasional bug (dead or alive), and location of the rental home, type of roadways, or driveways leading to your vacation property. We encourage you to purchase travel insurance/trip interruption insurance. We reserve the right to substitute comparable accommodations without notice or liabilities should the unit be out of order.
Lost and Found: We make every effort to locate and return lost items, but we are not responsible for things you lost, and we do not find. If you leave something behind call the Carolina Properties Management office and we will do our best to locate it. It may be required you send us the packing label etc. There is a $75 fee plus shipping to return left behind items. Lost and found items that are unclaimed after 30 days are turned over to local charities.
Repairs and General Maintenance: It is the goal of Carolina Properties to provide you with a trouble-free vacation but as we all know things will break or stop running unexpectedly. Carolina Properties has contracted with several full-time repair companies and while we cannot guarantee HVAC systems, water heaters, and other appliances, we do guarantee that repairs will be made in a timely manner.
Tenant agrees that Tenant has received and thoroughly read this document and that they shall constitute an integral part of this Agreement. Governing Law; Venue. The parties agree this Agreement shall be governed by and construed in accordance with the laws of the State of North Carolina, and that in the event of a dispute, any legal action may only be instituted in the county where the property is located. Tenant agrees that this is a legally binding document and has read all terms and conditions in this document.