*Note regarding Construction:
Construction is taking place on the Outer Banks. We cannot be responsible for homes that may be under construction next to or near the home you rent. New construction may also alter the views from homes. Please realize that this is a situation that changes quickly, of which we are often not aware and is beyond our control. Refunds or substitutions will not be made.
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.
This Vacation Rental Agreement (“Agreement”) is for rental of the vacation rental property specified in a confirmed reservation (the “Property”). This Agreement is between: (1) Vacasa North Carolina, LLC (“Vacasa,” “we,” or “us”), acting for itself and for the owner of the Property (“Owner”), and (2) the person who is the responsible renter of the Property (collectively “Renter” or “you”).
By booking your rental of the Property with Vacasa, you acknowledge that you have read and understand, and agree to be bound by, all terms, conditions, and policies in this Agreement, including any Unit-Specific Terms (collectively, the “Terms”).
Unit-Specific Terms. Certain jurisdictions, resorts, and specific homes require renters to agree to additional terms and conditions (“Unit-Specific Terms”). Any Unit-Specific Terms that apply to rental of the Property appear at the end of this Agreement. If any provision of Unit-Specific Terms differs from the Terms in this Agreement, the provision of the Unit-Specific Terms will control.
Rent, Taxes, and Fees. Rent, taxes, and fees (including but not limited to the cleaning fee, booking fee, and pet fee (if applicable)) are disclosed before and during the booking process for your reservation. The rent, taxes, and fees you agreed to when making the reservation are expressly incorporated into this Agreement.
Channel Terms. If you are booking through a third-party marketing channel, your booking may be subject to that channel’s own terms and conditions (“Channel Terms”). If any provision of applicable Channel Terms differs from the Terms in this Agreement, the provision of the Channel Terms will control.
RENTAL POLICIES AND GENERAL TERMS
A. Minimum Age. The “Minimum Age” to rent the Property is the age specified in any Unit-Specific Terms. If no age is specified in the Unit-Specific Terms, the Minimum Age is 25 years of age. You agree to provide us with proof of age upon request. A parent or legal guardian must accompany all guests who are under the Minimum Age for the entire duration of the rental.
B. Responsible Renter. As the Renter, you agree to be an occupant of the Property for the entire duration of the rental. All other occupants will be family members, friends, other responsible adults over the Minimum Age, or accompanied by a parent or legal guardian. You agree to be solely responsible for your actions and the actions of all family members, guests, and invitees (collectively, “Occupants”) present at the Property at any time during your stay, and to ensure that all Occupants understand and comply with the Terms.
C. Good Neighbor Policy. Because the Property is a privately owned home, all Occupants must comply with this good neighbor policy. You agree to abide by the rules of the community association where the Property is located. Please treat the Property with the same care you would use with your own residence and leave it in the same condition it was in when you arrived. To prevent theft of or damage to furnishings or your personal property, you agree to close and lock doors and windows when you are not present at the Property and upon check-out. You and other Occupants agree to conduct yourselves throughout your stay in a manner that is respectful of and not disruptive to neighbors, traffic flow, or the community and that will not prompt complaints to Vacasa from police, neighbors, or neighborhood or homeowner associations. Noise audible outside the Property is prohibited between 10 p.m. and 8 a.m. Most homeowner associations prohibit parking of vans, trucks, motor homes, other recreational vehicles, boats and trailers. You and other Occupants agree to abide by all applicable parking restrictions and limitations.
D. Maximum Occupancy.
The number of people present at the Property may not exceed the maximum posted occupancy unless we have given you advance written permission to hold an event at the Property, in which case the number of people present at the Property may not exceed the maximum number of people authorized by Vacasa.
E. No Smoking. No smoking is permitted at the Property (including porches, decks or outdoor areas) at any time.
F. No Permanent Residence. You agree that your use of the Property is on a temporary and transient basis only; that you may not use the Property as a permanent residence; and that your permanent residence is and will remain elsewhere than at the Property.
G. Animals. No animals or pets of any kind are permitted at the Property except (1) as specifically authorized in your reservation, or (2) bona fide service animals that we are required by law to allow. Emotional support animals are not permitted except as authorized pets. You agree that a prohibition on animals is not a guarantee that an animal has not been inside the Property or that the Property is free of animal or pet allergens.
H. Events and Commercial Photography; Structures; Charcoal Grills. Events and commercial photography or filming are prohibited at the Property without our express written permission. (If approved, additional conditions and fees may apply.) No tents or other structures may be erected on the property without our express written permission. The use of charcoal grills is not permitted.
I. Criminal Activity Prohibited. Use of the Property for any criminal activity is prohibited and may result in fines, prosecution, and/or your immediate removal from the Property. This prohibition extends to use of the Property’s internet service, if any, for criminal activity, including but not limited to unlawful downloads of copyrighted material, including movies, music, software, or other material. We may cooperate with any investigation of alleged criminal activity that occurred at the Property during your stay.
J. Payment Terms.
J.1. Payment. The first payment due will be either 50% of the total amount of your reservation or the full cost of the reservation, depending how far in advance you book. If the first payment was for less than the full cost of the reservation, the remaining balance will be due 30 days prior to the start of the reservation period. Renter authorizes Vacasa to disburse up to fifty percent (50%) of the rent for your reservation to the Owner (or as the Owner directs) prior to Renter's occupancy of the Property, and the balance of the rent upon the commencement of the tenancy, a material breach of this Agreement by Renter, or as otherwise permitted under the North Carolina Vacation Rental Act. Renter also authorizes Vacasa to disburse prior to Renter's occupancy of the Property any fees owed to third parties to pay for any goods, services, or benefits procured by Vacasa for the benefit of Renter, including but not limited to any fees set forth herein payable to Vacasa for reservation, transfer or cancellation of Renter's stay.
J.2. Forms of Payment; Fraud. If you are paying by credit card you represent that you are the account holder or an authorized user of the account. If for any reason, Vacasa believes your payment may be refused by the card processor, Vacasa may ask you for a different form of payment. Upon Vacasa’s request, you will immediately provide another form of payment and adequate proof that you are the account holder or an authorized user of the account used for payment (such as a government-issued ID that matches the name on the account). Vacasa may cancel your reservation or remove you and all Occupants from the Property immediately if you fail to provide a form of payment that can be validated by Vacasa. We may share your credit card information and other information about you with law enforcement if we suspect fraud.
K. Breach of Agreement.
K.1. Consequences of Breach. Any failure by you or any other Occupants to comply with any of the terms, conditions, or policies above is a breach of this Agreement and may result in a forfeiture of your rights to rent the Property, up to and including immediate removal from the Property without refund and with or without the assistance of law enforcement. Vacasa may terminate this Agreement for breach, and if you are notified of such termination you agree to leave the Property immediately. If the stay created hereunder is for 30 days or less, the expedited eviction procedures set forth in the Vacation Rental Act will apply. Renter may be evicted under such procedures if Renter: (i) holds over in possession after Renter’s stay 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 Renter’s stay; (iii) fails to pay rent as required by this Agreement; or (iv) has obtained possession of the Premises by fraud or misrepresentation.
K.2. Charges for Damage. You are responsible for, and you authorize us to bill your credit card on file for the full amount of: (1) any damage or loss that occurs at the Property during your stay; (2) a charge of up to $1,000 for violations of the pet policy, including for bringing more pets or different types of pets than specifically authorized; (3) an additional cleaning fee of up to $500 (or the actual cost of cleaning services, if greater) for violations of any of the guest policies above (other than the pet policy) or for excessive cleaning required by the acts or omissions of any Occupant during your stay; and (4) any fines issued by police, other government officials or agencies, utility providers, and/or homeowner associations for violation of any law, ordinance, or rule during your stay, and any damages (which may exceed the amount of fines) that result from the violation. If any unauthorized download of copyrighted material via the Property’s Internet service occurs during the period of your stay, you agree that we may share your contact information with the internet service provider or any other party we believe, for any reason, has enforcement rights.
ADDITIONAL TERMS AND CONDITIONS
L. Cancellation Policy; No Shows; Travel Insurance. For cancellations received 30 or more days before the first night of your reservation, Vacasa will issue a credit of 100% of the amount you paid. This credit can only be used for a stay at the same Property you originally reserved (unless the property ceases to be managed by Vacasa) and expires if not redeemed within 15 months of the date of cancellation. No full or partial refunds or credit will be granted for no-shows or if you cancel less than 30 days before the first night of your reservation, arrive after the first night of your reservation, or depart before the last night of your reservation, unless you purchased Trip Protection at least 30 days before the first night of your reservation (or within 24 hours if reservation is made less than 30 days in advance of stay) and cancel for a covered reason. Notwithstanding the foregoing, if you cancel your reservation more than 30 days before your check-in date, and the Property re-books for the dates of your original reservation, you may request a refund of your rental payment in writing from Vacasa. If State or local authorities order a mandatory evacuation of an area that includes the Property, Renter shall comply with the order. Upon compliance, Renter will be entitled to a refund of the prorated rent for each night that Renter is unable to occupy the Property because of the order. However, Renter will not be entitled to a refund if, prior to taking possession of the Property: (i) Renter refused insurance offered by Vacasa that would have compensated Renter for losses or damages resulting from loss of use of the Property due to a mandatory evacuation order, or (ii) Renter purchased such insurance from Vacasa. Except as expressly provided in this Agreement or as required by law, no refunds or compensation will be given and Vacasa shall not be liable to you for failure to make the property available for occupancy if the property is unavailable or becomes partially or wholly unusable for any reason outside Vacasa’s control, including but not limited to adverse weather conditions, natural disasters, mechanical failures, acts of government agencies, or utility outages. Vacasa advises guests to obtain appropriate and comprehensive travel insurance that covers Renter and all Occupants and that includes coverage for personal injury, illness or disease, and property damage or loss. Any travel insurance you obtain shall be primary for all occurrences in which you or any Occupant claims injury, loss or damage.
M. Trip Protection. Trip Protection is a cancellation fee waiver that applies if you cancel your reservation for a covered reason. If you purchase Trip Protection, you will receive a full refund for any nights of your reservation cancelled due to the documented death or serious illness of any guest or immediate family member, flight delays or cancellations, or access closures due to natural disasters or inclement weather. Trip Protection is not insurance and does not replace travel insurance.
N. Early Check-In/Late Check-Out. Early check-in or late check-out may be available; additional charges may apply. If you do not vacate by check-out time (or late check-out time as agreed by Vacasa), you authorize us to bill your credit card on file for a late departure fee of up to one night’s rental and we may remove all Occupants and their personal property from the Property.
O. Maintenance or Housekeeping Issues; Property Conditions. The Property is provided as is, and we are not responsible for the inoperability or unavailability of any amenities. You agree to contact Vacasa, using the contact information provided in your confirmation email, as soon as you notice any maintenance or housekeeping problem, or any potentially hazardous condition, at the Property, or if any incident occurs at the Property that is related to such a problem or condition. You further agree to give Vacasa a reasonable amount of time to respond to your report and to cooperate with Vacasa’s efforts to address the concern or provide a remedy. We will take reasonable and appropriate steps to remedy any reported problem as soon as practicable. We may enter the Property at your invitation to remedy any problem you report, at reasonable times and with reasonable notice to inspect, maintain, or repair the Property, and to address any situation that we reasonably deem an emergency that threatens persons or property. You acknowledge that if the Property has access to amenities that are shared with other properties, such as a shared pool, hot tub, parking lot, or fitness center, that the availability and condition of those amenities is outside Vacasa’s control.
P. Choice of Law; Jurisdiction and Venue; Dispute Resolution.
P.1. Choice of Law. This Agreement shall be governed by laws of the State of North Carolina, without regard to its conflict-of-law provisions.
P.2. Dispute Resolution and Arbitration Agreement. You agree to resolve any dispute arising out of or relating in any way to this Agreement as follows:
Agreement to Arbitrate. You and Vacasa mutually agree that any dispute, claim or controversy arising out of or relating in any way to this Agreement will be settled by binding arbitration rather than in court, such arbitration to be conducted by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules, or such other AAA arbitration rules that the AAA decides to be applicable to a specific dispute, that are in effect as of the time of service of an arbitration demand. Payment of filing, administration and arbitrator fees will be governed by the AAA's rules. To begin an arbitration, a party must send a letter to the other party requesting arbitration and describing the claim. If Vacasa requests arbitration, it will send the letter to your most recent email or physical address in Vacasa’s records. If you request arbitration, you must send the letter to Vacasa’s registered agent in North Carolina.
Place of Arbitration. The arbitration shall take place in the county in which the Property is located or in such other location as you and Vacasa may mutually agree.
Exceptions to Arbitration Requirement. As the only exceptions to the agreement to submit all disputes to binding arbitration as provided herein, Vacasa and Renter both retain the right to pursue: (1) in small claims court in the county in which the Property is located any claim that is within that court’s jurisdiction, and the parties consent to the personal jurisdiction and venue of such court; and (2) a suit in any court with jurisdiction to enjoin (whether by temporary, preliminary, or permanent injunctive relief) infringement or other misuse of intellectual property rights.
P.3. Class Action and Jury Trial Waiver. The parties agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, the parties waive any right to a jury trial.
Q. Acknowledgment & Disclaimer; Limitation of Liability.
Q.1. Acknowledgment & Disclaimer. You acknowledge the Property may have features, amenities, and conditions that are unfamiliar to you and other Occupants you invite to the Property. You further acknowledge that your use of the Property and its amenities may carry inherent risk, including risk of bodily injury, illness or disease, disability, or death. For example, some Properties include natural habitats for wildlife, insects, and pests that may expose you to injury or disease; or docks, stairways, porches, ledges, cliffs, hot tubs, and other unmarked natural or manmade features, amenities, and conditions that carry inherent risk. You agree that, by using the Property or its amenities, you voluntarily and willfully assume those risks and assume full responsibility for the choices you make before, during and after your use of the Property and its amenities. You also acknowledge and agree that you and any other adult Occupants are solely responsible for closely supervising and protecting the health and safety of any and all Occupants that are minors, throughout the duration of your stay.
Q.2. Disclaimer of Warranties. TO THE MAXIMUM EXTENT PERMITTED BY LAW, VACASA AND OWNER EACH EXPRESSLY DISCLAIM ANY WARRANTIES OF SAFETY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, AND AS TO THE ADEQUACY OF THE DIRECTIONS AND WARNINGS PROVIDED TO YOU.
Q.3. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO CASE SHALL THE OWNER OF THE PROPERTY OR VACASA, NOR THEIR AFFILIATES, NOR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR OWNERS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY, ILLNESS OR DISEASE, EMOTIONAL DISTRESS, OR DAMAGE TO PROPERTY, ARISING OUT OF OR IN CONNECTION WITH YOUR STAY AT THE PROPERTY. THIS LIMITATION APPLIES TO ALL CLAIMS FOR DAMAGES WHETHER BASED ON A THEORY OF WARRANTY, CONTRACT, TORT (INCLUDING ORDINARY NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF VACASA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE AND EVEN IF THE LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
R. Indemnity. You agree to hold harmless and indemnify Vacasa and Owner, and their respective affiliates, for and from all claims for property damage, personal injury, illness or disease, or monetary loss resulting from your actions or omissions, and the actions or omissions of other Occupants, during or relating to your stay.
S. Substitution of Property. On rare occasions, due to ownership changes, properties being removed from rental use, or a need for extensive repairs or maintenance, the Property may not be available for rental on the dates of your reservation. In this unlikely event, Vacasa reserves the right to substitute a comparable property. If comparable accommodations are not available, you will have the option of (1) selecting from other available properties (in which case you are responsible for, or will receive the benefit of, any difference in cost) or (2) receiving a complete refund of your reservation payment. In the event of a substitution of rental properties, all Terms in this Agreement, plus any Unit-Specific Terms specific to the substituted property, shall apply to your stay in the substituted property.
T. Assignment. Vacasa may assign this Agreement or any of its rights, or delegate any of its duties under this Agreement, at any time without your consent.
U. Agency Relationship. You agree that Vacasa has been retained by Owner to rent the property and acts at all times in and for the best interest of Owner and is acting as Owner’s representative only.
V. Transfer of Property.
V.1. Rights upon Transfer. If the Owner voluntarily transfers the Property, Renter has the right to enforce this Agreement against the grantee of the
Property if Renter’s occupancy under this Agreement is to end 180 days or less after the grantee’s interest in the Property is recorded. If Renter’s occupancy is to end more than 180 days after such recordation, Renter 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, Renter is entitled to a refund of all advance rent paid by Renter (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 Renter in writing of the transfer of the Property, the grantee’s name and address, and the date the grantee’s interest was recorded; and (ii) advise Renter whether Renter has the right to occupy the Property subject to the terms of this Agreement or receive a refund of any payments made by Renter. However, if the grantee engages Vacasa to continue managing the Property 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.
V.2. Treatment of Payments upon Termination of Owner's Interest. Upon termination of the Owner’s interest in the Property, 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 Renter (and other
fees owed to third parties not already lawfully disbursed) to the Owner’s successor-in-interest within 30 days, and notify Renter by mail of such transfer and of the transferee’s name and address. However, if Renter’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 Property, and the successor-in-interest has not agreed to honor this Agreement, all advance rent paid by Renter (and other fees owed to third parties not already lawfully disbursed) must be transferred to Renter within 30 days.