THIS IS A VACATIONRENTAL AGREEMENT UNDER THE NORTH CAROLINA VACATION RENTAL ACT. THE RIGHTS ANDOBLIGATIONS OF THE PARTIES TO THIS AGREEMENT ARE DEFINED BY LAW AND INCLUDEUNIQUE PROVISIONS PERMITTING THE DISBURSEMENT OF RENT PRIOR TO TENANCY ANDEXPEDITED EVICTION OF TENANTS. YOUR SIGNATURE ON THIS AGREEMENT OR PAYMENT OFMONEY OR TAKING POSSESSION OF THE PROPERTY AFTER RECEIPT OF THE AGREEMENT, ISEVIDENCE OF YOUR ACCEPTANCE OF THE AGREEMENT AND YOUR INTENT TO USE THISPROPERTY FOR A VACATION RENTAL. (VRA when referenced in this document meansVacation Rental Agreement.)
NO REFUNDS GIVEN- PLEASE SEECANCELLATION POLICY #4
Trip Cancellation& Travel Insurance protection has been offered to you when you booked yourreservation. Trip Cancellation and Travel Insurance is intended to provideprotection to you against losses for certain pre-paid non-refundable expensesdue to certain unforeseeable circumstances that may jeopardize your travelinvestment and force you to incur unplanned additional costs. In addition,First Flight Rentals, LLC cannot refund rental deposit payments due tocircumstances beyond our control, including but not limited to hurricane orstorm-cause evacuations, road closures, inclement weather, any illness orinjury to someone within your traveling party that may cause you to cancel yourtrip or any other reason what so ever. For these reasons, we HIGHLY recommendthat you purchase this valuable protection, however. Failure to initial todecline Trip Cancellation and Travel Insurance indicates your intent topurchase such insurance. TRAVEL INSURANCE IS NON-REFUNDABLE andNON-TRANSFERABLE under this Agreement or any other Agreement Tenant may havewith a third party. This Agreement is not intended to serve as a substitute forthe policy or to define any of the policy terms or provisions. You acknowledge whensigning this lease agreement that you have read and understand our cancellationpolicy in section 4.
Description of coverage http://trippreserver.com/pdfs/RedSky_TP_Sun_DOC72414.pdf
1. This VRA willCANCEL unless rent payment, fees, insurance and signed VRA are received byAgent within 24 hours of reservation date.
2. MAXIMUM NUMBEROF PERSONS ON PREMISES AT ANY TIME SHALL NOT EXCEED 2 per bedroom.PREMISES TO BE USED AS A PRIVATE DWELLING FOR THE OCCUPANCY OF TENANT AND HISFAMILY. No mobile sleeping units or tents may be used at condominiums forsleeping, cooking, or any purpose otherthan transportation.
3. PAYMENTS. All reservations must be paidwith a 50% deposit and paid in full at least 30 days prior to check-in. PaymentMUST be made in the form of US funds via electronic check, personal check,credit card, money order, certified or cashier's check. PERSONAL CHECKS WILLNOT BE ACCEPTED 14 DAYS PRIOR TO CHECK IN. NO E-CHECKS ACCEPTED WITHIN 14 DAYSOF ARRIVAL. A $95.00 plus tax Admin Fee is added to all reservations. There isa $35 service charge for any returned checks for any reason. The tax rates ineffect on the Commencement Date apply. Tenant is responsible for making fullpayment whether reservation is cancelled or not. (b) DISBURSEMENTS. Tenantauthorizes Agent to disburse up to fifty percent (50%) of the rent prior tooccupancy. The balance of the rent will be disbursed upon commencement of thetenancy, a material breach of this VRA, or as permitted under the N. C.Vacation Rental Act. If Tenant commences the tenancy and terminates tenancyprior to the check-out date of this Agreement and Agent is in compliance withthe N.C. Vacation Rental Act, then Agent shall retain Tenant’s FULL RENTALPAYMENT. Tenant further authorizes Agent to disburse prior to tenancy any feesowed to third parties to pay for goods, services or benefits procured by Agentfor the benefit of Tenant, including but not limited to reservation fee.
4. CANCELLATIONS: In cases ofcancellation, no refund of rents will be made until the cancelled period isre-rented and confirmed. If the cancelled period cannot be re-rented, no moneywill be returned, and full rent will still be due in full. If the cancelledperiod is re-rented, any rent monies paid will be refunded to you, less a $150fee plus tax. ALL CANCELLATIONS MUST BE IN WRITING. We cannot refund any moniesunless the property is re-rented for the entire rental period and prepaymenthas cleared. We will return payment (less travel insurance, and a cancellationfee). If the property has rented for a lower rental rate, tenant is onlyrefunded any amount in excess of the original lease amount. Every effort willbe made to rebook; however if the property does not rebook all monies receivedwill be forfeited. TRIP INSURANCE ISHIGHLY RECOMMENDED TO PROTECT AGAINST UNEXPECTED EVENTS.
5. TRANSFERS: A one-timetransfer can be made from one week to another week within the same propertyonly in the same calendar year. This request must be made in writing andreceived within 30 days prior to arrival. Transfers from lower rental rate to ahigher rental rate will change to the higher rental rate. Transfers from ahigher rental rate to a lower rental rate will remain at the higher. There is atransfer fee of $150.00 plus tax.
6. TENANT DUTIES. (a) The Tenantshall comply with all duties prescribed by the Vacation Rental Act and keep theproperty clean, safe and cause no unsafe or unsanitary conditions on theproperty that Tenant uses. During the term of the VRA, Tenant will admit Agentupon request to inspect the property and will admit repairmen authorized byAgent for repair or maintenance of property. Tenant's non-compliance with theseduties shall be grounds for immediate eviction. NO ILLEGAL FIREARMS, EXPLOSIVESOR FIREWORKS ARE PERMITTED. (b) DAMAGE/REPAIR. Agent, Landlord or theiremployees for the purpose of cleaning or repair may remain on the Premisesuntil 6 pm on the Commencement Date. TENANT WILL REPORT ALL NEEDED REPAIRS TOAGENT IMMEDIATELY or Tenant will be held responsible for repairs. (c)CHECK-OUT. At check-out, Tenant will surrender possession of this propertypeaceably and without delay in as good condition as it was at check-in, normalwear and tear, act of God and/or other causes over which Tenant has no controlexcepted.
7. SPECIAL EVENTS. Special eventssuch as weddings, receptions, reunions, etc. must be specifically approved byAgent when reservation is submitted and additional fees may apply for suchevents.
8. ANIMALS. No animals of anykind shall be allowed in/on any properties unless the above propertydescription states “Pets Allowed”. Pet properties allow maximum of one (1) petand MUST be declared at booking and noted on this VRA. The term “pets” refersto dogs. Cats require owner pre-approval. There is a $125 (plus tax) per petfee. Unruly or unattended pets will also be grounds for removal in pet friendlyproperties. Any violation of this agreement shall be grounds for immediateeviction. Tenant will forfeit all rent paid and will be liable for at least a $350flea spray and cleaning charge if a pet is found in a non-pet property.Properties are not guaranteed to be hypoallergenic.
9. AGENT/LANDLORDDUTIES. Landlord shall maintain property in good and safe working order andreasonably repair all major systems and appliances upon notice from Tenant thatrepairs are needed. Agent shall provide operable smoke detectors. If at thetime the Tenant is to begin occupancy, Landlord cannot provide the property ina condition consistent with North Carolina law to be fit and habitable orsubstitute a reasonably comparable property in such condition, Landlord shallrefund 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. Norebates or replacements will be given. Agent shall conduct all his brokerageactivities in regard to this Agreement without respect to the race, color,religion, sex, national origin, or handicap, of any Tenant, prospective Tenant,Landlord or prospective Landlord.
10. KEYS. Check-in time is after 4 p.m. onthe Commencement Date. First Flight Rentals has a keyless entry system for eachproperty. Tenant will be given a key code for your specific property thatdoesn’t validate entry until check-in time. Check out must be completed priorto 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 vacationproperty are supplied as a convenience for Tenant and guest use. In the eventof a malfunction or breakdown of extras, Agent will call for repairs, uponnotification. Tenant agrees that there will be no refund for malfunction orbreakdown 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 allinternet activity, where applicable, and agrees that no illegal copyrightedmaterials may be downloaded. Agent will expedite repair, but NO REFUND OF RENTWILL BE PAID. Every effort has been made to insure publications have beenverified for accuracy regarding listings of furnishings or equipment. Changesand errors determined after publication will be corrected if possible uponAgent being informed. NO REFUNDS will be issued for any such changes or errors.
12. TENANT DAMAGE. Tenant agrees toreimburse the Owner for any damage to the property caused by Tenant, guests, orinvitees. Damages shall include reasonable attorney fees and court costsincurred by Agent or Owner in enforcing this agreement. The provisions ofN.C.G.S. Chapter 42A (North Carolina’s “Vacation Rental Act”) shall apply toTenant’s use and occupation of the property. The Vacation Rental Act imposescertain duties upon the Tenant, and Tenant agrees to comply with all suchduties including but not limited to the provisions of N.C.G.S. 42A-32, whichprovisions are incorporated herein by reference as if fully set forth. Tenantshall be responsible for, and assumes liability, for all damage, defacement, orremoval 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 authorizedby the Owner, acts of third parties not invitees of the Tenant, or naturalforces. All breakage and property damage during Tenant’s occupancy shall bereported immediately to Agent by Tenant.
13. VOLUNTARYTRANSFER OF PROPERTY BY OWNER. (1.) Tenant may enforce this VRA againstthe grantee of the property if this VRA terminates 180 days or less after thedate of recordation of grantee's interest. (2.) Unless property grantee hasagreed in writing, Tenant has no right to enforce this VRA against the granteeif this VRA is to terminate more than 180 days after the date of recordation ofgrantee's interest. Tenant has right to a full refund within 30 days of anyrent 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, thegrantee or grantee's agent shall: (i) notify each Tenant in writing of theproperty 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 occupythe property, (iii) advise each Tenant if he has the right to receive a refundof any payments made by him or her. (b) TRANSFER OF PAYMENTS. If Landlordvoluntarily transfers his interest in the property, Agent is required totransfer all funds paid by the Tenant to the Landlord's successor-in-interestwithin thirty days, and notify the Tenant by mail of such transfer and of thetransferee's name and address. (c) INVOLUNTARY TRANSFER. If, prior to the Tenant'soccupancy, the Landlord's interest is involuntarily transferred to another, theLandlord shall refund to the Tenant within 60 days after the transfer any rentpayments made by the Tenant.
14. EXPEDITED EVICTION (a) The VacationRental Act provides EXPEDITED EVICTION procedures for a tenancy of 30 days orless and may be applied if Tenant: (i) holds over possession after tenancy hasexpired, (ii) has committed a material breach of the terms of this Agreementthat according to the terms, results in the termination of tenancy, (iii) failsto pay rent as required by this Agreement, (iv) has obtained possession of theproperty by fraud or misrepresentation. (b) HOLD OVER. In the event Tenant isevicted 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 toSenate Bill 974, G.S. 42A-36, there are no refunds to inclement weatherincluding hurricanes. If the Government orders a mandatory evacuation of thisproperty, Tenant and occupants shall comply. Only if Tenant purchases TravelInsurance, will Tenant be entitled to a refund from the Travel InsuranceCompany. Tenant shall NOT be entitled to a refund if Tenant did not purchaseinsurance. (b) PROPERTY DAMAGE.During this VRA if the building is damaged during vacation rental, withoutfault or negligence of the Tenant, and rendered uninhabitable and cannot berepaired within two days, this VRA shall terminate, and the Tenant shall paythe rent apportioned to the time of damage. If beach access walkways, stairs orelevators become unusable Tenant will notify Agent immediately but NO REFUNDSwill be made.
16. LOSS. Neither Landlordnor Agent shall be liable for any damages or loss of personal property from anyacts of negligence of any other person, nor from the failure of any function ofthese properties. Landlord or Agent shall not be liable for any injury to theTenant or other persons on or about the property, the Tenant expressly agreeingto save the Landlord and Agent harmless in all such causes.
17. OCCUPANCY. During this VRAthe Tenant will be in possession of the property and is responsible for theproperty. Tenant certifies that he/she is at least 24 years of age. Use of theproperty is restricted to FAMILY GROUPS only. The term “family” as used hereinmeans parents, grandparents, children and extended family members staying atthe property. Use of the property by Fraternities, Sororities or otherUnrelated Groups under 24 years of age is STRICTLY PROHIBITED and Tenant agreesthat in the event Owner or Agent discovers same, that ANY AND ALL FUNDSCOLLECTED 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’speaceful enjoyment of his/her property will not be allowed to stay in theproperty and NO REFUND OF RENTS shall be made. PETS ARE PROHIBITED IN POOLS ANDSPAS; SUCH CONDUCT WILL RESULT IN IMMEDIATE EVICTION WITHOUT REFUND PLUS TENANTAGREES TO PAY $500 TO SANITIZE THE POOL AND/OR SPA.
18. SMOKING/VAPING/E-CIGARETTES arestrictly prohibited in the condos, balconies and common areas. Guests or theirinvitees that are found to have violated this policy will be liable for anexcess cleaning fee up to $250 and consents to pay for such charges and may besubject to immediate eviction/lease termination.
19. ASSIGNMENT. Tenant shall notassign this Agreement or sublet the Property in whole or part without writtenpermission 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 agree that if a dispute arises concerning the terms orperformance of this Agreement that any litigation resulting shall only bebrought in the General Court of Justice in Dare County, North Carolina.
21. Miscellaneous. (a) Agentmay receive commissions on trip protection or security deposit insurance, longdistance calls, linen rentals, equipment rentals, packages and services offeredto First Flight Rentals guests. (b) Agent/Owner is not responsible foritems 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 storageareas are exempt from this Agreement and are off limits to the Tenant. Entryinto 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 thatviolates local, state or federal laws. Violation of this provision will causeimmediate eviction as provided in Paragraph (a) and other legal action.
24. ESCROW. All funds collected will be deposited in an interestbearing escrow account with Towne Bank in Nags Head, NC. Agent reserves theright to change banks to any federally insured bank located on the Outer Banksby first notifying the Tenant in writing.
25. ENTIRE AGREEMENT. This Agreement constitutes the entireagreement between the parties relating to the subject matter hereof, andsupersedes all prior written oral negotiations, representations, or agreements.No modification of this Agreement shall be binding on either party unless it isin writing and signed by both parties. No agreement with third party payersshall modify this Agreement.
TENANT ACKNOWLEDGES THIS IS A FIVE PAGE VRA AND THAT HE HAS READ IT IN ITSENTIRETY.
Please enter your name if you agree to the terms ofthe lease agreement.