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 PERMITTINGTHE DISBURSEMENT OF RENT PRIOR TO TENANCY AND EXPEDITED EVICTION OF TENANTS. YOUR SIGNATURE ON THIS AGREEMENT OR PAYMENT OF MONEY OR TAKING POSSESSION OFTHE PROPERTY AFTER RECEIPT OF THE AGREEMENT, IS EVIDENCE OF YOUR ACCEPTANCE OFTHE AGREEMENT AND YOUR INTENT TO USE THIS PROPERTY FOR A VACATION RENTAL. (VRA when referenced in this document means Vacation Rental Agreement.)
NO REFUNDS GIVEN- PLEASE SEE CANCELLATION POLICY #4
Trip Cancellation & Travel Insuranceprotection has been offered to you when you booked your reservation. Trip Cancellation and Travel Insurance is intended to provide protection to you against losses for certain pre-paid non-refundable expenses due to certain unforeseeable circumstances that may jeopardize your travel investment and force you to incur unplanned additional costs. In addition, First Flight Rentals, LLC cannot refund rental deposit payments due to circumstances beyond our control, including but not limited to hurricane or storm-cause evacuations,pandemics (not covered by insurance), road closures, inclement weather, any illness or injury to someone within your traveling party that may cause you to cancel your trip or any other reason what so ever. For these reasons, we HIGHLYrecommend that you purchase this valuable protection. Failure to initial to decline Trip Cancellation and Travel Insurance indicates your intent topurchase such insurance. TRAVEL INSURANCE IS NON-REFUNDABLE and NON-TRANSFERABLE under this Agreement or any other Agreement Tenant may have with a third party. This Agreement is not intended to serve as a substitute for the policy or to define any of the policy terms or provisions. You acknowledge when signing this lease agreement that you have read and understand our cancellation policy in section 4.
Description of coverage: https://www.trippreserver.com/products/sun-trip-preserver/
1. This VRA will CANCEL unless rent payment, fees, insurance andsigned VRA are received by Agent within 24 hours of reservation date.
2. MAXIMUM NUMBER OF PERSONS ON PREMISES AT ANY TIME SHALL NOT EXCEED 2 perbedroom. PREMISES TO BE USED AS A PRIVATE DWELLING FOR THE OCCUPANCY OF TENANT AND HIS FAMILY. No mobile sleeping units or tents may be used at condominiumsfor sleeping, cooking, or any purpose other than transportation.
3.PAYMENTS. All reservations must be paid with a 50% deposit and paid in full at least 30 days prior to check-in. Payment MUST be made in the form of US funds via electronic check, personal check, credit card, money order, certified or cashier's check. PERSONAL CHECKS WILL NOT BE ACCEPTED 14 DAYS PRIOR TO CHECK IN. NO E-CHECKS ACCEPTED WITHIN 14 DAYS OF ARRIVAL. A $95.00 plus tax Admin Fee is added to all reservations. There is a $35 service charge for any returned checks for any reason. The tax rates in effect on the Commencement Date apply. Tenant is responsible for making full payment whether reservation is cancelled or not. (b) DISBURSEMENTS. Tenant authorizes Agent to disburse up to fifty percent (50%) of the rent prior to occupancy. The balance of the rent will be disbursed upon commencement of the tenancy, a material breach of this VRA, or as permitted under the N. C. Vacation Rental Act. If Tenant commences the tenancy and terminates tenancy prior to the check-out date of this Agreement and Agent is in compliance with the N.C. Vacation Rental Act, then Agent shall retain Tenant’s FULL RENTAL PAYMENT. Tenant further authorizes Agent to disburse prior to tenancy any fees owed to third parties to pay for goods, services or benefits procured by Agent for the benefit of Tenant, including but not limited to reservation fee.
4. CANCELLATIONS: In cases of cancellation, no refund of rentswill be made until the cancelled period is re-rented and confirmed. If thecancelled period cannot be re-rented, no money will be returned, and full rentwill still be due in full. If the cancelled period is re-rented, any rentmonies paid will be refunded to you, less a $150 fee plus tax. ALLCANCELLATIONS MUST BE IN WRITING. We cannot refund any monies unless the property is re-rented for the entire rental period and prepayment has cleared.We will return payment (less travel insurance, and a cancellation fee). If the property has rented for a lower rental rate, tenant is only refunded any amountin excess of the original lease amount. Every effort will be made to rebook; however,if the property does not rebook all monies received will be forfeited. TRIP INSURANCE IS HIGHLY RECOMMENDED TOPROTECT AGAINST UNEXPECTED EVENTS.
5. TRANSFERS: A one-time transfer can be made from one weekto another week within the same property only in the same calendar year. This request must be made in writing and received within 30 days prior to arrival.Transfers from lower rental rate to a higher rental rate will change to the higher rental rate. Transfers from a higher rental rate to a lower rental rate will remain at the higher. There is a transfer fee of $150.00 plus tax.
6. TENANT DUTIES. (a) The Tenant shall comply with all duties prescribed by the Vacation Rental Act and keep the property clean, safe and cause no unsafe or unsanitary conditions on the property that Tenant uses. During the term of the VRA, Tenant will admit Agent upon request to inspect the property and will admit repair men authorized by Agent for repair or maintenance of property. Tenant's non-compliance with these duties shall be grounds for immediate eviction. NO ILLEGAL FIREARMS, EXPLOSIVES OR FIREWORKS ARE PERMITTED.(b) DAMAGE/REPAIR. Agent, Landlord or their employees for the purpose of cleaning or repair may remain on the Premises until 6 pm on the Commencement Date. TENANT WILL REPORT ALL NEEDED REPAIRS TO AGENT IMMEDIATELY or Tenant will be held responsible for repairs. (c) CHECK-OUT. At check-out, Tenant will surrender possession of this property peaceably and without delay in as good condition as it was at check-in, normal wear and tear, act of God and/or othercauses over which Tenant has no control excepted.
7. SPECIAL EVENTS. Special events such as weddings, receptions,reunions, etc. must be specifically approved by Agent when reservation is submitted and additional fees may apply for such events.
8. ANIMALS. No animals of any kind shall be allowed in/on any properties unless the above property description states “Pets Allowed”. Pet properties allow maximum of one (1) pet and MUST be declared at booking and noted on this VRA. The term “pets” refers to dogs. Cats require owner pre-approval. There is a $125 (plus tax) per pet fee. Unruly or unattended pets will also be grounds for removal in pet friendly properties. Any violation of this agreement shall be grounds for immediate eviction. Tenant will forfeit all rent paid and will be liable for at least a $350 flea spray and cleaning charge if a pet is found in a non-pet property. Properties are not guaranteed to be hypoallergenic.
9. AGENT/LANDLORD DUTIES. Landlord shall maintain property in good and safe working order and reasonably repair all major systems and appliances uponnotice from Tenant that repairs are needed. Agent shall provide operable smoke detectors. If at the time the Tenant is to begin occupancy, Landlord cannot provide the property in a condition consistent with North Carolina law to be fit and habitable or substitute a reasonably comparable property in such condition, Landlord shall refund to the Tenant payments made by the Tenant less non-refundable fees. Every effort has been made to ensure the accuracy of property descriptions; however, Agent will not be liable for changes in furnishings and equipment. No rebates or replacements will be given. Agent shall conduct all his brokerage activities in regard to this Agreement withoutrespect to the race, color, religion, sex, national origin, or handicap, of anyTenant, prospective Tenant, Landlord or prospective Landlord.
10.KEYS. Check-in time is after 4 p.m. on the Commencement Date. First Flight Rentals has a keyless entry system for each property. Tenant will be given a key code for your specific property that doesn’t validate entry until check-in time. Check out must be completed prior to 10 a.m. on the Check-out Date as the key code will de-activate.
11.EXTRAS. Extras (pools, hot tubs,fireplaces, televisions, Wi-Fi, dvds, stereo, elevators, fitness equipment,video games, internet, telephones, etc.) when advertised or supplied in a vacation property are supplied as a convenience for Tenant and guest use. In the event of a malfunction or breakdown of extras, Agent will call for repairs,upon notification. Tenant agrees that there will be no refund for malfunction or breakdown of extras. In the event of a malfunction of any appliance or feature,Tenant must notify Agent so repair can be made. Tenant is responsible for all internet activity, where applicable, and agrees that no illegal copy righted materials may be downloaded. Agent will expedite repair, but NO REFUND OF RENTWILL BE PAID. Every effort has been made to insure publications have been verified for accuracy regarding listings of furnishings or equipment. Changes and errors determined after publication will be corrected if possible upon Agent being informed. NO REFUNDS will be issued for any such changes or errors.
12.TENANT DAMAGE. Tenant agrees to reimburse the Owner for any damage to the property caused by Tenant, guests, or invitees. Damages shall include reasonable attorney fees and court costs incurred by Agent or Owner in enforcing this agreement. The provisions of N.C.G.S. Chapter 42A (North Carolina’s “Vacation Rental Act”) shall apply to Tenant’s use and occupation of the property. The Vacation Rental Act imposes certain duties upon the Tenant, and Tenant agrees to comply with all such duties including but not limited to the provisions of N.C.G.S. 42A-32, which provisions are incorporated herein by reference as if fully set forth. Tenant shall be responsible for, and assumes liability, for all damage, defacement, or removal of property inside or outside the Property that is in Tenant’s control, unless the damage, defacement, or removal is due to ordinary wear and tear, acts of the Owner or Agent, defective products supplied or repairs authorized by the Owner, acts of third parties not invitees of the Tenant, or natural forces. All breakage and property damage during Tenant’s occupancy shall be reported immediately to Agent by Tenant.
13. VOLUNTARY TRANSFER OF PROPERTY BY OWNER. (1.) Tenant may enforce this VRA against the grantee of the property if this VRA terminates 180 days or less after the date of recordation of grantee's interest. (2.) Unless property grantee has agreed in writing, Tenant has no right to enforce this VRA against the grantee if thisVRA is to terminate more than 180 days after the date of recordation of grantee's interest. Tenant has right to a full refund within 30 days of any rent payments if the grantee does not consent in writing to honor the VRA. (a)NOTIFICATION OF TRANSFER. No later than 10 days after date of recordation, the grantee or grantee's agent shall: (i) notify each Tenant in writing of the property transfer, the grantee's name and address, and the date the grantee'sinterest was recorded, (ii) advise each Tenant if he has the right to occupy the property, (iii) advise each Tenant if he has the right to receive a refund of any payments made by him or her. (b) TRANSFER OF PAYMENTS. If Landlord voluntarily transfers his interest in the property, Agent is required to transfer all funds paid by the Tenant to the Landlord's successor-in-interest within thirty days, and notify the Tenant by mail of such transfer and of the transferee's name and address. (c) INVOLUNTARY TRANSFER. If, prior to theTenant's occupancy, the Landlord's interest is involuntarily transferred to another, the Landlord shall refund to the Tenant within 60 days after thetransfer any rent payments made by the Tenant.
14.EXPEDITED EVICTION (a) The Vacation Rental Act provides EXPEDITED EVICTION procedures for a tenancy of 30 days orless and may be applied if Tenant: (i) holds over possession after tenancy has expired, (ii) has committed a material breach of the terms of this Agreement that according to the terms, results in the termination of tenancy, (iii) fails to pay rent as required by this Agreement, (iv) has obtained possession of theproperty by fraud or misrepresentation. (b) HOLD OVER. In the event Tenant is evicted for any reason or fails to check out on time, Tenant agrees to beliable to future Tenants, Agent and Landlord for all damages resulting from hisholding-over (continued occupancy after either eviction or check-out) inviolation of this VRA.
15. (a)MANDATORY EVACUATION. Pursuant to Senate Bill 974, G.S. 42A-36, there are no refunds to inclement weather including hurricanes. If the Government orders a mandatory evacuation of this property,Tenant and occupants shall comply. Only if Tenant purchases Travel Insurance,will Tenant be entitled to a refund from the Travel Insurance Company. Tenant shall NOT be entitled to a refund if Tenant did not purchase insurance. (b) PROPERTY DAMAGE. During this VRA if the building is damaged during vacation rental, without fault or negligence ofthe Tenant, and rendered uninhabitable and cannot be repaired within two days,this VRA shall terminate, and the Tenant shall pay the rent apportioned to the time of damage. If beach access walkways, stairs or elevators become unusableTenant will notify Agent immediately but NO REFUNDS will be made.
16. LOSS.Neither Landlord nor Agent shall be liable for any damages or loss of personal property from any acts of negligence of any other person, nor from the failureof any function of these properties. Landlord or Agent shall not be liable forany injury to the Tenant or other persons on or about the property, the Tenant expressly agreeing to save the Landlord and Agent harmless in all such causes.
17. OCCUPANCY. During this VRA the Tenant will be in possession of the property and is responsible for the property. Tenant certifies that he/she is at least 24 years of age. Use of the property is restricted to FAMILY GROUPS only. The term “family” as used herein means parents, grandparents, children and extended family members staying at the property. Use of the property by Fraternities, Sororities or other Unrelated Groups under 24 years of age is STRICTLY PROHIBITED and Tenant agrees that in the event Owner or Agent discovers same, that ANY AND ALL FUNDS COLLECTED AS RENT will be considered LIQUIDATED DAMAGES to cover losses, expenses and damages of the Owner and Agent for taking property off the market. Any group whose behavior creates a disruption or interferes with their neighbor’s peaceful enjoyment of his/her property will not be allowed to stay in the property and NO REFUND OF RENTS shall be made. PETS ARE PROHIBITED IN POOLS AND SPAS; SUCH CONDUCT WILL RESULT IN IMMEDIATE EVICTION WITHOUT REFUND PLUS TENANT AGREES TO PAY $500 TO SANITIZE THE POOL AND/OR SPA.
18.SMOKING/VAPING/E-CIGARETTES are strictly prohibited in the condos, balconies and common areas. Guests or their invitees that are found to have violated this policy will be liable for an excess cleaning fee up to $250 and consents to pay for such charges and may be subject to immediate eviction/lease termination.
19. ASSIGNMENT. Tenant shall not assign this Agreement orsublet the Property in whole or part without written permission of Agent.
20. DISPUTES. (a) COURT. If a court shall find any portion of this VRA invalid or unenforceable, such decision shall have no effect on the remainder of this Agreement. (b) VENUE. Tenant and Agent agreethat if a dispute arises concerning the terms or performance of this Agreement that any litigation resulting shall only be brought in the General Court of Justice in Dare County, North Carolina.
21. Miscellaneous. (a) Agent may receive commissions on trip protection or security deposit insurance, long distance calls, linen rentals, equipment rentals, packages and services offered to First Flight Rentals guests. (b) Agent/Owner is not responsible for items left behind after check out by tenant or any other member in the party.
22. OWNER'S STORAGE. Locked areas such as owner's personal storage areas are exempt from this Agreement and are off limits to the Tenant. Entry into these areas is cause for immediate eviction as provided in Paragraph 13(a)and Tenant will be responsible for any damages and missing items.
23. USAGE. This property will not be used for any activity that violates local, state or federal laws. Violation of this provision will cause immediate eviction as provided in Paragraph (a) and other legal action.
24. ESCROW. All funds collected will be deposited in an interest bearing escrow account with Towne Bank in Nags Head, NC. Agent reserves the right to change banks to any federally insured bank located on the Outer Banks by first notifying the Tenant in writing.
25. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between the parties relating to the subject matter hereof, and supersedes all prior written oral negotiations, representations, or agreements.No modification of this Agreement shall be binding on either party unless it is in writing and signed by both parties. No agreement with third party payers shall modify this Agreement.
TENANT ACKNOWLEDGES THIS VRA HAS BEEN READ IT IN ITS ENTIRETY.
VACATION RENTAL AGREEMENT LIABILITY WAIVERAND RELEASE ADDENDUM
The undersigned Tenant, for myself and my co-tenants, guests, and invitees, acknowledge and am informed and aware that:
- I understand and acknowledge that being in or near the ocean present various risks and hazards, including strong currents, unexpected wave activity, floating debris, native species and other potential hazards. I understand, acknowledge and assume all such risks.
- Swimming pools and hot tubs/spas pose inherent risks to any and all guests on the property. I understand, acknowledge and assume all such risks.
- I understand and acknowledge that the use of other equipment (including recreational equipment) and facilities provided by Landlord or Agent, and participation in outdoor activities, involves risks including, but not limited to the following: risk of property damage, bodily injury, including, but not limited to permanent disability, paralysis, and possibly death. These risks may result from a variety of circumstances including, but not limited to, the use or misuse of the equipment or facilities, from the activity itself, from the acts of myself or others, or from the unavailability of emergency medical care. I understand, acknowledge and assume all such risks.
- I am also aware that my stay at the Premises involves risks that may result in serious bodily injury and/or death. Some of the risks include, but are not limited to, drowning, slips, trips, falls, cuts, adverse weather conditions, the acts or omissions of guests or visitors on the Premises during my stay, and the condition of the Premises. I understand that the description of the risks in this Liability Waiver and Release Addendum (this “Release”) is not complete and that other risks or events that are known or unknown, anticipated or unanticipated may result in serious bodily injury and or/death. I understand, acknowledge and assume all such risks.
- I understand that while Landlord and Agent have undertaken reasonable steps to lessen the risk of transmission of COVID-19 in connection with the use of the Premises, Landlord and Agent are not responsible in any manner for any risks related to COVID-19 in connection with the Premises. I understand that the World Health Organization has classified the COVID-19 outbreak as a pandemic. I further understand that COVID-19 is a highly contagious and dangerous disease, and that contact with the virus that causes COVID-19 may result in significant personal injury or death. I am fully aware that rental of the Premises and the use of amenities provided by Landlord and Agent carries with them certain inherent risks related to COVID-19 transmission that cannot be eliminated regardless of the care taken to avoid such risks. Inherent Risks may include, but are not limited to, (1) the risk of coming into close contact with individuals or objects that may be carrying COVID-19; (2) the risk of transmitting or contracting COVID-19, directly or indirectly, to or from other individuals; and (3) injuries and complications ranging in severity from minor to catastrophic, including death, resulting directly or indirectly from COVID-19 or the treatment thereof. Further, I understand that the risks of COVID-19 are not fully understood, and that contact with, or transmission of, COVID-19 may result in risks including but not limited to loss, personal injury, sickness, death, damage, and expense, the exact nature of which are not currently ascertainable. I hereby voluntarily accept and assume all risk of loss, personal injury, sickness, death, damage, and expense arising from such risks. I understand, acknowledge and assume all such risks.
- In consideration of being permitted to rent and stay at the Premises, I agree on my own behalf and on behalf of my family and guests and on behalf of my children and all minors in my care, custody or control, to assume full responsibility for the risks identified in this Release and those risks not specifically identified. I hereby release from liability and waive any and all claims that I have or may have in the future against Landlord and Agent and their members, principals, agents, officers, employees, and representatives (collectively “Releasees”).
- I agree to fully and forever release and discharge, and not to sue Releasees for any injuries or damages, including property damage that may result from arise out of or be related in any way to my rental and stay at the Premises. If any portion of this Release shall be declared unenforceable for any reason, the unenforceable portion shall be considered severed from the Release and the remainder of the Release shall not be affected and shall be valid and enforceable to the fullest extent permitted by law.
- By signing this waiver, I assume all risk, and take full responsibility and waive any claims of personal injury, death or damage to personal property associated with activities and events during or related to the stay at the Premises.
I ACKNOWLEDGE THAT I HAVE READ THIS ENTIRE DOCUMENT AND THAT I UNDERSTAND ITS TERMS AND AGREE TO BE BOUND BY THEM. IUNDERSTAND THAT THE EFFECT OF THIS DOCUMENT IS THAT I AM RELEASING LIABILITY AND WAIVING MY RIGHT TO SUE RELEASEES AND I AM ASSUMING RISK FORMATTERS RESULTING FROM, ARISING OUT OF OR RELATING IN ANY WAY TO MY RENTAL ANDSTAY AT THE PROPERTY, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, DEATH AND PROPERTY DAMAGE. I ACKNOWLEDGE THAT THIS DOCUMENT APPLIES EVEN IF RELEASEES MAY BE NEGLIGENT IN WHOLE OR PART. I UNDERSTAND THAT THIS DOCUMENT APPLIES TO AND SHALL BE EFFECTIVE AND BINDING UPON ME, MY HEIRS,ASSIGNS, PERSONAL REPRESENTATIVE, ESTATE, AND ALL MEMBERS OF MY FAMILY, MINORS,AND OTHERS IN MY CARE, CUSTODY OR CONTROL.