Contract and Refund Policy

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Vacation Rental Agreement Terms & Conditions
4331 S Hesperides Drive Nags Head NC
 

A 50% deposit is due at the time of agreement. The remaining balance of your rent is due Thirty (30) days prior to your arrival. Reservations
with unpaid balances within thirty (30) days of arrival will be subject to cancellation without refund. This is a Vacation Rental Agreement under the NC Vacation Rental Act, N.C.G.S. 42A.
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 acknowledgement of 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. Tenant is responsible to ensure the owner has received the signed Vacation Rental Agreement and required payments.
This contract represents a real estate transaction and constitutes agreement between the Tenant and Owner, to rent the premises described in this agreement.
Owner shall conduct all brokerage activities regarding this agreement without respect to
the race, color, religion, sex, national origin, handicap, or familial status of any party or
prospective party to this agreement.
 

By payment of money or taking possession of the property after receipt of the agreement is
evidence of your acceptance of the agreement, the tenant acknowledges that he/she will occupy the property and is a minimum of 25 years old representing a family group. ID may be required prior to check-in.
1. LIABILITY. Tenant understands that the accommodation is a privately owned dwelling with the Owner’s furnishings, the Owner will not be responsible for providing any additional
furnishings or equipment. If the air conditioning system or other appliances become inoperable, owner will exert efforts to have them serviced. However, Owner cannot guarantee the time required to accomplish repairs.
 

TENANT ACKNOWLEDGES WAIVER OF LIABILITY,

including but not limited to boat dock, community amenities, outdoor pool (open seasonal) and fire pit
herein after called special feature, if so equipped. The Tenant understands there are
special risks that may be involved in using the special feature. In particular, but without
limitation, the Tenant understands that there are potential risks that the special features may present dangers to children who are not carefully supervised, as well as the danger of any person using the special features for too long a time, has health problems, or is intoxicated or using any kind of drugs or medication, or uses the special feature if pregnant. The Tenant agrees to explain the risks of using the special feature to any guests he or she may have at the unit and to be fully and solely responsible for any accidents his guests may incur. The Tenant understands the risks discussed above and agrees that he will assume all responsibility for himself and his guests for the consequences of those risks. Tenant agrees to waive any claim whatsoever against Owner for accidents or claims arising from use of special feature. The Tenant agrees to notify the Owner for any claims made by Tenant’s guests arising from Tenant’s guest’s use of the special feature. The Tenant also understands and agrees that he/she is responsible and liable and will pay agent upon request for any damages that occur to the special feature. Tenant agrees to notify the Owner for any injuries, liabilities, theft, damages cost, or expense whatsoever arising from or related to any claim or litigation which may arise out of or in connection with Tenant use and occupancy of the Premises.

2. Tenant understands that the condition, as well as the furnishings, will vary in each home
according to the owner’s taste. All properties or units are equipped for housekeeping with dishes, cookware, silverware, and glasses. Locked areas such as owner’s personal storage areas are exempt from this Lease and are off limits to Tenant. Entry into these areas is prohibited and can result in charges to Tenant. Tenant is responsible for all internet activity, where applicable, and agrees that no illegal copyrighted materials may be downloaded. Tenant understands that no refunds will be given for Internet connectivity issues or lack of service. Tenant is not allowed to upgrade any utility services or order movies on the owner's account. Any charges associated with such transactions will be billed to the tenant and their credit card charged.
3. Vacation homes are rented to responsible GROUPS only. NO HIGH SCHOOL OR
COLLEGE GROUPS ARE PERMITTED, REGARDLESS OF AGE. Any group whose behavior
creates a disruption or interferes with their neighbor’s peaceful enjoyment of their property will not be allowed to stay and no refund of rents will be made. Any group misrepresenting
themselves may be denied occupancy and/or will result in immediate eviction without a refund.
4. It is agreed specific vendors and their employees, for the purpose of clean-up and repair, may enter the premises at 10:00 a.m. on the day of departure and may remain on the premises until 3:00 p.m. on the day of arrival if necessary. Tenant acknowledges that Owner’s representatives may need to access the property during the leased period for general repairs and maintenance.
5. Tenant understands security cameras are in use outside of home. Security cameras are used to manage vendors to ensure they are meeting specific obligations. Attempting to remove, cover or manipulate will result in immediate eviction from home without refund.
6. Our home is not equipped with roof access. If found on roof of home, Tenants/Tenants guest will be evicted immediately without refund.
7. If rented premises becomes uninhabitable prior to rental period, or in the event of an error in reservation procedure or change in the ownership which precludes occupancy by  Tenant, Owner reserves right to effect appropriate corrective action without loss to Owner. Liability to Owner is limited to rental monies paid by Tenant. Notification of such corrective action will be provided to Tenant at the earliest possible time.
8. HURRICANE REFUNDS - Pursuant to Senate Bill 974, G.S. 42A-36, there are no refunds to
inclement weather including hurricanes.
9. SECURITY DEPOSITS - Tenant may be subject to a security deposit and to be determined
at the sole discretion of the Owner. Deductions can be made for excessive cleaning, damage to the property or its contents, missing linens, or other items, moving or cleaning furniture, carpet cleaning, and/or any other special features.
Tenants will be notified in writing regarding said deductions. Security deposits are refunded
within 30 days of departure in accordance with NC law. Whether or not a security deposit is
required, Tenant is responsible for any intentional damage due to willful negligence on leased property. Tenant will be notified in writing and Tenant agrees that charges can be processed on Tenant's credit card or Tenant agrees to send payment within 10 days of notification.
10. ACCOMMODATIONS CAPACITY - The advertised bedding includes adults and children
and must be strictly observed. Exceeding this occupancy is grounds for eviction without refund.

Maximum occupancy in homes served by an on-site septic system is limited to two persons per bedroom. SPECIAL EVENTS (i.e. wedding, receptions, rehearsal dinner, etc.), if allowed, must have prior authorization and may be subject to additional fees. If such an event is not disclosed, the tenant may be subject to additional fees. Occupancy shall not exceed the amount allowed by law.
This specific home occupancy max is 10. This is strict to both the home AND the community. 

11. PETS - NO pets are allowed in this rental home. If pets are discovered in home, Tenant will be evicted immediately and security deposit if applicable will be forfeited. Pet damages will be charged to the Tenant.
12. Tenant understands that they may not sublet or assign this Agreement. Tenant agrees that he will not use, nor permit the use of the premises for any unlawful or disorderly purposes, no commit or permit a nuisance to be committed therein. NO FIREARMS, EXPLOSIVES OR FIREWORKS PERMITTED ON ANY LEASED PROPERTY.
13. All taxes are subject to change and will be collected in accordance with North Carolina law.
14. BEACH NOURISHMENT: Some oceanfront areas of the Outer Banks may be part of beach nourishment projects. Projects are planned by individual towns and are weather dependent, therefore scheduled cannot be set or confirmed in advance. Tenants may be subject to inconvenience during these projects. No refunds will be given.
15. Tenant understands that if the Tenant or any member or members of his party violate any of the conditions or agreements in this contract, Owner may terminate this agreement and enter the premises. If Tenant is in violation of this agreement, the contract will be terminated without refund. If a court of competent jurisdiction shall find any portion of this Lease invalid, such decision shall have no effect on the remainder of this Lease. The court of jurisdiction is Dare County or Currituck County.
16. If Tenant refuses to depart from the premises on the date indicated on this Agreement, Tenant will be charged rent of $800 per day in addition to any legal costs necessary to evict Tenant. Tenant is aware that expedited eviction pursuant to GS 42A-24 is allowed.
17. Nothing herein shall limit any direct charges to Tenant or prohibit Owner from obtaining additional income from any added services including but not limited to trip insurance, long distance phone services, administrative and maintenance fees, etc.
18. The Tenant has read and agrees to abide by the terms, rules and regulations of this agreement set forth and by signing below accepts this lease Agreement in its entirety.
19. Attorney fees and Litigation: Any dispute relating to this Vacation Rental Agreement will be litigated only in The General Court of Justice for the State of North Carolina and only in Dare or Currituck County. This agreement will be governed by the laws of the State of North Carolina.
The prevailing party in any matter which is litigated in the court system will be entitled to
recover reasonable attorney fees.
20. CANCELLATIONS: Travelers who cancel at least 60 days before check-in will get back 50% of the amount they’ve paid less taxes and fees. If they cancel within 60 days of check-in no refund will be given.