Terms and Conditions
VACATION RENTAL AGREEMENT
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. Agent, as agent of the owner, hereby rents to Tenant, and Tenant hereby rents from Agent, the vacation property described in the reservation documents (referred to hereafter as the “Premises”) on the terms contained in this Agreement.
NOTE: We highly recommend the purchase of Travel Insurance at time of booking or at a minimum prior to final reservation payment being made. We offer CSA Travel Insurance and cost is 6.95% of trip total. Although this insurance is optional, Carolina Properties Management strongly urges you to consider this insurance, as our policy does not allow refund of rental monies for family emergencies, death, inclement weather, scary driveways, road conditions due to weather, etc. Tenant’s decision with respect to the purchase of Trip Interruption/Travel Insurance will affect Tenant’s right in the event of a mandatory evacuation. See paragraph 9 below.
1. Disbursement of Rent and Third-Party Fees. Tenant agrees to pay a $25.00 processing fee for any check of Tenant that may be returned by the financial institution due to insufficient funds or because Tenant did not have an account at the financial institution. Tenant also authorizes Agent to disburse prior to Tenant’s occupancy of the Premises any fees owed to third parties to pay for any goods, services, or benefits procured by Agent for the benefit of Tenant, including but not limited to any fees set forth herein payable to Agent for reservation, transfer or cancelation of Tenant’s tenancy.
2. Damage Waiver. Damage Waiver is non-refundable All reservations require the payment of a $45.00 Damage Waiver which covers unintentional damages of up to $1,500.00 to the rental unit interior, exterior or surrounding property that may occur during your stay. Damages must be reported to Carolina Properties prior to checkout. NOTE: Any intentional damages, or unintentional damages that exceed $1,500.00 will be charged to the credit card on file and/or are the responsibility of the guest(s). Damage Waiver does not cover or release Guest from liability for damage due to the following: (a) intentional, willful, reckless, or malicious acts of Guest or others on the premises during the tenancy; (b) damage by pets; (c) theft from the premises of either Owner(s) property or property belonging to Guest; (d) gross negligence of Guest or intentional misuse of furnishings, appliances, equipment, or other amenities provided with the home; (e) damage caused while under the influence of alcohol or drugs; (f) damages to real property resulting from operation of any motorized vehicle by Guest Any non-covered repairs or replacement costs will be charged directly to the guest(s) credit card on file.
3. Trust Account. Any advance payment made by Tenant shall be deposited in a trust account with WELLS FARGO BANK located: RUTHERFORDTON NORTH CAROLINA.
4. Tenant Duties. Tenant agrees to comply with all obligations imposed by the Vacation Rental Act on Tenant with respect to maintenance of the Premises, including but not limited to keeping the Premises as clean and safe as the conditions of the Premises permit and causing no unsafe or unsanitary conditions in the common areas and remainder of the Premises that Tenant uses; and 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. NO DISCHARDING OF FIREARMS on any rental properties. Tenant’s breach of any duty contained in this paragraph shall be considered material, and shall result in the termination of Tenant’s tenancy.
5. Occupancy Limits. Unless otherwise stated, 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 Agent with any questions regarding permitted occupancy of the Premises.
6. Agent Duties. Agent agrees to provide the Premises in a fit and habitable condition. If at the time Tenant is to begin occupancy of the Premises, Agent cannot provide the Premises in a fit and habitable condition or substitute a reasonably comparable property in such condition, Agent shall refund to Tenant all payments made by Tenant. 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.
7. Cancelation. In the event of a cancelation by Tenant; if a confirmed reservation is canceled or transferred at least 30 days prior to arrival, a processing fee of $50.00 plus applicable North Carolina State Sales Tax will be charged against the Advance Deposit. If the cancellation occurs less than 30 days prior to arrival, all funds received will be forfeited, unless the property can be re-rented for the canceled period for the full amount. If the Premises are not re rented on the terms set forth herein, Tenant will not be entitled to a refund of any rent payment made hereunder. 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 cancelation.
8. 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 (i i) 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, 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.
c. If the owner’s interest in the Premises is involuntarily transferred prior to Tenant’s occupancy of the Premises, the owner is required to refund to Tenant all advance rent paid by Tenant (and other fees owed to third parties not already lawfully disbursed) within 60 days after the transfer.
9. 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.
10. 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. 11. 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.
Rental Policy – Important Information (read this section thoroughly).
Check-in Time. Check-in time is 4 p.m. (Eastern Time) or anytime thereafter. No guaranteed check-in prior to 4:00 p.m. Early check-in if available and authorized is 1:00 pm and a fee of $50.00 will be charged. We urge you to check in during normal business hours so we are available to help you locate your rental if needed and if there are any problems with your rental home so that we may 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 9:00 pm. **Under no circumstance shall anyone in your party arrive at the home prior to normal check-in time unless prior arrangements have been made and authorized.
Check-out Time. Checkout time is 10:00 a.m. (Eastern Time). Late checkouts may be available but must be authorized. Late checkout time is 1:00 p.m. and will be charged a $50.00 fee. Checkouts after 1:00 p.m. will be charged the applicable daily rate. No proration available.
Advance Deposit / Balance Due. An advance deposit of 50% of the total rental amount must be received in order to confirm your reservation. Checks are accepted up to 45 days prior to arrival. 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 MasterCard, Visa, or Discover is required at time of reservation. If full payment has not been received 30 days prior to the arrival date and arrangements have not been made for a late payment, we will consider the reservation canceled. 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 is pleased to offer CSA Travel Insurance. This insurance is available at a rate of 6.95% of your total rental amount. Payment for this insurance is due with your initial rental deposit payment, 30 days prior to your arrival, or prior to your final deposit. Although this insurance is optional, Carolina Properties Management strongly urges you to accept this insurance, as our policy does not allow refund of rental 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 rented to 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. Article 4 of the North Carolina Vacation Rental Act authorizes the rental agent by law to evict a tenant under certain circumstances. Please refer to a copy of the lease, which will be provided and is hereby incorporated by reference. We do not allow fraternities, sororities, school groups, or any group with the intent of having a party. Our homes are intended for family vacations. House parties or events are strictly prohibited.
Pets. Some homes are pet friendly and are so noted at 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 that is not pet friendly will be required to vacate the premises without refund. This is strictly enforced.
Smoking. All of our homes are “NO SMOKING.” Some homes will allow smoking on outside decks and porches only; please do not discard smoking material on the grounds. Smoking inside any of our homes will result in eviction and forfeiture of rent and additional cleaning fees. Smoking is not allowed inside any of our units. Smoking is not allowed outside by any open window/door. Smoking is permitted on balconies as long as the doors and windows are closed. Please respect our policy on this.
Trash Removal. We recommend you bring more trash bags than you think you will need as failure to properly dispose of trash will result in a minimum $50.00 charge. The Arrival / Departure Instructions posted at the home will detail proper disposal. ALL TRASH MUST BE IN BAGS, kitchen size bags or larger AND TIED CLOSED. No LOOSE GARBAGE in CANS! Make arrangements in advance if you would like for us to removed bagged trash from the home for your convenience. Minimum charge is $25.00 plus $2.00 per bag.
Parking. Due to our mountainous region, parking for each rental home is limited. Please observe the parking limitations as posted under each rental listing. Homes in the gated portion of Riverbend at Lake Lure allow two (2) vehicles. Additional vehicles need to be parked in the lot near the entry gate and those guests will need to carpool to the home. 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 the list of 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), et cetera. 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 units have pool tables. Please use care when using the pool table in your unit. There will be a $50.00 minimum charge to replace broken pool sticks. If the felt on the pool table is damaged a fee of no less than $350.00 will be charged.
Hot Tubs and/or Jacuzzis. Do not use foaming agents (such as bubble bath, etc.) 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 the foaming agents. Additionally, you will be charged for any damages to the tub as a result of the foaming agent. 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 or burn out the monitor, either of which 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 starts at around $300.00. You will be charged for damages from misuse.
Insects. Guests may occasionally encounter small amounts of ladybugs, flies, bees, wasps, etc. A licensed pest control company professionally treats each unit on a regular basis, however you are visiting a mountainous area and occasionally pests make their way inside. No refunds or discounts given in these instances.
Good neighbor policies. Many of our rental properties are located 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 carries, especially on or near the lake. Please observe quiet times from 11 pm each evening to 6 am each morning. NO DISCHARGING OF FIREARMS at rental properties. Do not trespass or use items or amenities belonging to another property. The person making the reservation for the rental assumes full responsibility (legally and financially) for the actions of all quests occupying such rental home.
Gas / Charcoal Grills. Gas and charcoal grills have been very difficult to maintain due to abuse and failure to clean by the previous guests. We will make every effort to insure the grill is clean and if propane, the tank is adequately full prior to your arrival. For homes with charcoal grills guest is responsible for supplying charcoal. We ask that you help us by cleaning the grill after your use.
Transfer. If circumstances require (including, but not limited to, power outage, well issue, etc.), Carolina Properties reserves the right to substitute comparable accommodations. If comparable accommodations are not available, then guest may choose form available properties at the published rate or receive a refund.
Standard Provisions. Minimum standard provisions provided including kitchen wares, linens, towels, wastebaskets, etc. Staples. You must bring soap products, paper products, cleaning supplies, toiletries, food, trash bags and other necessities. *An initial set up of trash can liners, toilet tissue and paper towels (at the kitchen sink) will be provided You will also find dishwashing soap and dish detergent under kitchen sink. We also recommend you bring your own beach towels; we do not permit towels or linens to be taken from the home for outdoor activities. There are several small convenience & specialty stores; an Ingles grocery store is located within an easy distance on Highway 9.
Housekeeping. All rentals include cleaning and linens. Rates quoted for each rental property do include linens and cleaning service before and after your stay. Upon Departure guests are required to put dishes in dishwasher (if applicable) and run, take out trash and dispose of as indicated on instructional sheet posted in home, remove all personal items from rental property, remove all food items from refrigerator/cupboards. The home should be left in the state in which it was found. Additional fee(s) will be charged if these steps are not taken prior to departure or if the property is left in an unacceptable condition. Mid-week Maid. This service is available if you require a mid-week cleaning. Please contact Carolina Properties Management for rates.
Water and Septic. Most of the homes in our remote location are on well and septic systems. Septic systems are very effective; however, they will 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, ALL such items MUST be disposed of in trash containers rather than by flushing.
Private wells occasionally have a harmless yet distinct odor.
Boats. Some types of boats may be rented at various locations however you must make advance reservations. If you wish to bring your own boat and you are not a Lake Lure property owner, a permit must be obtained from the Town of Lake Lure. For current permit fees please visit www.TownofLakeLure.com or contact the Town Hall at 828625-9983.
No Rebates / No Refunds. No refunds will be made for breakdown or malfunction of appliances (TV, VCR, DVD, Air Conditioner, Heater, Jacuzzi, Hot Tub, et cetera) although every effort will be made to secure timely repairs. NO REFUNDS OF ANY KIND WILL BE GRANTED FOR INCLEMENT WEATHER, power outages, water, cable/satellite outages, the occasional pest (dead or alive), and location of rental home, type of road ways or driveways leading to your vacation property. We encourage you to purchase travel insurance. We reserve the right to substitute comparable accommodations without notice or liability should the unit be out of order.
Lost and Found. We make every effort to locate and return lost items, but will not be responsible for things you lost that we don’t find! When you leave something behind, call Carolina Properties Management and we will return it if we find it! We urge you to look over the home thoroughly to collect your belongings. There is a $25.00 fee plus postage for returning items. Lost and found items 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. 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 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.
Tenant agrees that this is a legally binding document and has read all terms and conditions in this document.
Signed by: _________________________________________________ Date:
Email Address: Phone Number:
Thank you, for choosing Carolina Properties.
We look forward to your arrival and will do everything possible to provide you a wonderful and worry-free stay!