Corolla Classic Vacations Rental Agreement
THIS IS A VACATION RENTAL AGREEMENT UNDER THE NORTH CAROLINA VACATION RENTAL ACT ("VRA" N.C.G.S. CHAPTER 42A) AND THE NORTH CAROLINA RESIDENTIAL TENANT SECURITY DEPOSIT ACT (N.C.G.S. CHAPTER 42, ARTICLE 6). 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.
Terms and Conditions:
1. Reservation Payment - All required advance payments must be received within three (3) days of booking a reservation or your reservation will be cancelled without further notice. The full balance of rent, taxes, fees and security deposits are due 30 days prior to arrival. Payments can be made in the form of personal check, money order, cashier's check directly to Corolla Classic Vacations. VISA, Master Card or Discover payments can be made online at http://bit.ly/CorollaPayment. All credit card payments are processed by Instant Processing and a $35 service fee is charged per transaction. No personal checks will be accepted less than 30 days prior to check-in. There will be a $35 charge for returned checks. If a reservation is made within 30 days of arrival, payment in full is due the date the reservation is made. *Payment without a signed Vacation Rental Agreement is acceptance of the agreement including Travel Insurance. If Travel Insurance is accepted at the time of first payment you have 14 days to elect out, no refunds can be made after this period.
Agent is authorized to place all rent payments and security deposits in Agent's Trust Account located at Towne Bank of Currituck in Corolla, NC and disburse to the Owner at the end of each month less Agent's Commission. Disbursement of Rent - Tenant authorizes Agent to disburse up to fifty percent (50%) of the total rent to the Owner prior to Tenant's occupancy of the Premises, and the balance of the total rent upon the commencement of the tenancy, or upon a material breach of this Agreement by Tenant, or as otherwise permitted under the Vacation Rental Act. 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 cancellation of your tenancy. Taxes and Security Deposit, if applicable, shall not be disbursed from the trust account prior to termination of the tenancy or material breach of this Agreement by Tenant.
2. Tenant Duties and Security Deposit - Tenant's security deposit, if any, shall be applied to the cost of repair or replacement of damage to the Premises caused by Tenant, guests or invitees beyond ordinary wear and tear. Security deposits will be refunded within 45 days of Tenant's departure (less any allowable deductions). Tenant agrees to reimburse the Owner for any damage to the Premises caused by Tenant, guests, or invitees that are in excess of the security deposit. 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 occupancy of the premises. 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 Premises 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 to Agent by Tenant. Tenant will be notified in writing concerning the application and use of security deposit funds. Tenant agrees to pay all damages in excess of the security deposit within 10 days of written demand by Agent.
3. Expedited Eviction - A material breach of this Agreement by Tenant, which, in the sole determination of the Agent, results in damage to the Premises, personal injury to Tenant or others, a breach of the peace, a nuisance to others, or a violation of law or local code, shall be grounds for termination of your tenancy. 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 the tenancy has expired; (ii) commits a material breach of any provision of this Agreement that according to its terms would result in the termination of the tenancy; (iii) fails to pay rent as required by this Agreement; or (iv) has obtained possession of the Premises by fraud or misrepresentation.
4. Travel Insurance and Mandatory Evacuation - Due to unforeseen circumstances such as illness, injuries, mandatory evacuation, and even job loss, Trip Cancellation Insurance is offered to protect your vacation investment. The insurance premium is due with your advance rent payment and coverage begins with receipt of your payment. Once the insurance premium is paid, it is non-refundable. If you elect NOT to purchase travel insurance, you must decline by initialing the appropriate space on the Vacation Rental Agreement. Failure to initial to decline travel insurance, indicates intent to purchase. If state or local authorities issue a mandatory evacuation in the area that includes the property subject to this Vacation Rental Agreement, the Tenant shall comply with the evacuation order. Upon compliance, Tenant shall NOT be entitled to a refund for the prorated rents for each night that the Tenant is unable to occupy the home IF: (a) prior to the Tenant taking possession of the property, the Tenant refused travel insurance offered by the Owner or Agent that would have compensated Tenant for losses or damage resulting from the loss of use of the property due to the mandatory evacuation order; OR (b) the Tenant purchased insurance offered by the Owner or Agent, in accordance with N.C.G.S. 42A-36. The specific terms of Trip Cancellation Insurance are described in the policy documents. This agreement is not intended to supersede or modify the policy documents. In the event of a conflict between this agreement and the insurance policy documents, the policy documents shall control.
5. Cancelations and Transfers - In the event of Tenant cancellation of the Rental Agreement or a material breach of any provision of the Rental Agreement by Tenant, including, but not limited to, Tenant failure to remit the final balance due, Tenant shall receive a refund of all payments made (less a cancellation fee of $150.00 plus tax and the travel insurance premium, if you opted for that coverage) only if the Premises are re-rented on the terms set forth herein. Agent may, in its sole discretion, reduce the rental amount offered without notice, in order to secure a replacement tenant. In that case, the Tenant canceling their reservation is financially responsible for this reduction and their refund will be reduced by the amount of such reduction. If the Premises are not re-rented, Agent may seek an amount sufficient to defray the actual damages suffered as a result of the cancellation or material breach (i.e. Agent may, in its sole and absolute discretion, pursue to the fullest extent of the law the original balance owed). All requests to cancel or transfer a reservation shall be in writing.
6. CHECK-IN - Check-in time begins at 4:00 PM. You will receive a key-code prior to your arrival via email and you may proceed directly to the home upon your arrival after 12:00 noon. The Key Code will allow entry at 4 p.m. on your scheduled check-in day. However, in some instances, it may be necessary to delay occupancy until the unit is ready. Corolla Classic Vacations make every effort to insure that all units are clean and ready for occupancy. There are a few select homes with hard keys that must check into the office after 4:00 PM, these guests will be notified prior to arrival. If you will be a late check-in, call the office at least 24 hours in advance to make special arrangements. A limited number of "Early 1:00 PM Check-Ins" are available for a fee for those guests with special arrival needs. The earlier you call us, the better your chances are of securing this service. Please contact office for details.
7. CHECK-OUT - All units must be vacated by 10:00 AM on checkout day only a limited number of "Late 1:00 PM Departures" are available for a fee for those guests with special needs. The earlier you call us, the better your chances are of securing this service. Please contact office for details.
8. Property Occupancy - Advertised occupancy limits are determined by local health laws on homes served by septic tanks. Advertised occupancy limits must be adhered to. Campers and motor homes cannot be parked on the rental premises for the purpose of extra sleeping. Some communities do not allow motor homes on the premises. Refunds will not be given if Tenant violates any applicable restriction upon the use of the rental property. Any violation of the maximum occupancy limits, or of any other lawful restriction upon the use of the rental property, will be grounds for expedited eviction. If you have questions or concerns regarding occupancy or use restrictions, please contact our office.
9. Family Groups Only - It is the policy of Corolla Classic Vacations to rent to family groups only, due to our obligations to rental property Owners. Tenant must be 25 years of age to enter into a Vacation Rental Agreement. Agent conducts all activities in regard to this agreement without respect to race, religion, color, sex, national origin, handicap or familial status of any party. A family group is defined as parents, grandparents, children and extended family members vacationing in one home. A non-family group is defined as unmarried young adults, high school students, college students or any non-family group. Properties are patrolled and observed by Agent on a regular basis. No chaperoned or un-chaperoned non-family groups, fraternities, school or civic groups allowed. ABSOLUTELY NO HOUSE PARTIES ALLOWED. Tenant and guests may be required to furnish photo identification. Any violation of this paragraph will be grounds for expedited eviction with no refund except security deposits as maybe required by the Residential Tenant Security Deposit Act. The security deposit paid by the Tenant may be applied to actual damages caused by the Tenant, or for any other purpose permitted under the provision in Article 6, Chapter 42, of the North Carolina General Statutes entitled "Residential Tenant Security Deposit Act". NC General Statute 14-100 makes it a crime to obtain any property (including rental property) under false pretenses.
10. Special Events - Special events such as, weddings, receptions, reunions, etc. are available for specific homes only and must be specifically approved by Corolla Classic Vacations when booking your reservation. There is a $1000-$2000 special event fee (depending on the size of the property) in addition to the rental rate and a mandatory minimum $1500 security deposit. An addendum to the vacation rental agreement also must be signed by Tenant for all special event homes.
11. Furnishings and Cleaning - Each property is equipped with basic housekeeping items such as kitchen appliances, dishes, cookware, silverware, glassware, bed pillows and bed and bath linens. Each property is privately owned and reflects the tastes and needs of the Owner. Tenant and guests are expected to use the property as if it were their own, leave it undamaged, clean and with all trash removed from inside the property. Any furniture moved by Tenant must be returned to its original position. Each rental property is advertised by Agent as realistically as possible with regard to space, décor and physical condition. We advise you to tour the property in advance if you have any specific requirements or are concerned with quality. We will not relocate Tenants or offer any refunds upon arrival unless the property is unfit for habitation.
12. Parking - We encourage you to consider limiting the number of vehicles you bring to the Outer Banks. With your help, we can reduce traffic and its adverse impacts upon the environment. Parking regulations are enforced in many areas and if your vehicle is parked on the street, you risk being towed or ticketed.
13. Locked Closets - Most of our property Owners maintain locked areas in their homes for their own personal use. Please respect these areas. Tenant will be responsible for any damage or missing items.
14. Distance - Distances stated are approximate. Corolla Classic Vacations shall not be responsible for inaccurate distances or the location or condition of public access.
15. Telephones, Cable and Internet - Long distance calls, internets downloads, and pay per view television shows are NOT allowed to be charged to rental homes. Failure to comply with this paragraph is not only a violation of this agreement, but is also unlawful. In addition to other remedies allowable by law, you will be billed any charges incurred in violation of this paragraph plus an additional $35.00 handling fee. Please use your mobile phone to make long distance calls.
16. Housekeeping - We are pleased to offer housekeeping service during your stay for an additional fee. Please contact our office prior to your arrival to arrange for this service. Guests who stay for 2 weeks or longer will receive a complimentary clean between weeks and fresh linens.
17. Lost and Found - Agent is not responsible for lost or left items. Found items will be held for 30 days and if not claimed, they will be donated to a local charity. Tenant is responsible for the cost of shipping plus a handling fee of $25 plus tax to return any lost or left items.
18. Pets (Dogs Only - No Puppies and No Cats) - Dogs are allowed only in homes that are advertised "Pet Friendly". Pets shall be limited to 2 domestic, housebroken adult dogs. A non-refundable pet fee is charged on all "pet friendly home" reservations including a pet. Additional pets will require Agent's approval and an additional pet fee. Dogs are permitted on beaches year round, but must be on a leash at all times. Pet owners are responsible for cleaning up after their pets. Pet owners are liable for any and all pet damage, and all pets must be declared at check-in. Violation of this regulation is grounds for expedited eviction without a refund. ABSOLUTELY NO PETS ARE PERMITTED IN POOLS OR HOT TUBS.
19. Smoking - Corolla Classic Vacation homes are non-smoking, with a few exceptions as noted in the individual property description. Smoking in a non-smoking property will result in expedited eviction without a refund. A minimum charge of $200 may be incurred for non-compliance as well as an additional cleaning charge.
20. Grilling, Fireworks and Fireplaces - Do not attempt to move grills on decks, porches or near wooded areas. Please be sure to clean grills before your departure so the next tenant finds it ready for use. If a gas grill requires propane, please notify our office. All Fireworks are prohibited in Currituck County. Fireplaces are NOT available June 1 -through November 1.
21. Construction - Construction is a part of the Corolla area. Your rental property may be located near a construction site. No refunds or moves will be made as a result of construction on other property.
22. Water Potability - Some areas of Corolla have varying water quality. We recommend buying bottled water for drinking during your visit. Some homes have water treatment systems and the water is safe even if you do not prefer to drink it. Clothes washed in this water may become discolored. There will be no refunds due to water quality.
23. Elevators - Some homes provide elevators for your convenience, but these homes are not necessarily handicap accessible. Children should not ride unaccompanied in elevators. Charges for service calls resulting from Tenant abuse or negligence will be the responsibility of the Tenant. There will be no refunds for non-working elevators. Rental homes are not represented or warranted to be ADA compliant. If you have concerns regarding handicap accessibility, please contact our office before you sign this Agreement.
24. Taxes - All rental rates are subject to North Carolina State Tax and County Lodging Tax. Taxes are subject to change. Tenant will be responsible for any balance due to local or state tax increase.
25. Errors - Descriptions, rates, and property amenities advertised are subject to change without notice. Omissions, additions, errors or changes in bedding, furnishings, amenities, equipment, etc. shall not be the responsibility of the Owner, Agent, Printer or Webmaster. No refunds will be issued for such additions, errors, or changes.
26. Mail and Messages - Please use the Tenant's name and the rental property number on any mail or packages we may receive on your behalf. Please check with our office for any faxes, mail or calls you may receive as we may be unable to reach you.
27. Right of Entry - Tenant agrees that Agent may enter the Premises during reasonable hours to inspect the Premises, to make such repairs, alterations or improvements thereto as Agent may deem appropriate, or to show the Premises to prospective purchasers or tenants.
28. Transfer of Property - If this Vacation Rental Agreement is to end not later than 180 days after the voluntary sale or transfer of the property by Owner to a Grantee, the Grantee takes title to the property subject to the terms of this Vacation Rental Agreement. If the Vacation Rental Agreement is to end more than 180 days after the recording of the Grantee's Interest, the Tenant shall have no right to enforce the terms of this Agreement unless the Grantee agrees in writing to honor such terms. If the Grantee refuses to honor this agreement, then Tenant shall be entitled to a refund of payments made. Tenant shall be entitled to notice, as provided by law, in the event of a sale or other transfer of the property that may affect Tenant's rights under this Agreement. Owner and Agent shall comply with all applicable laws concerning refund(s) of Tenant security deposits, rental proceeds, and other fees in the event of sale or transfer of the rental property. FORECLOSURE - If Agent becomes aware of any default or foreclosure proceedings, Agent will notify Tenant. In the event of a monetary loss to Tenant resulting from foreclosure, Tenant understands and agrees that their sole recourse is with the Owner of the Premises. Tenant agrees that Agent cannot be held responsible for funds lost due to involuntary transfer (including without limitation foreclosure) of rental property ownership.
29. Private Pools and Hot Tubs - Unless otherwise indicated in the advertised property description, pools are available from May 5th until October 7th, weather permitting. Homes with heated pools are listed in the individual description, are only available the months of May-June and September-October, and may be charged an additional fee. Water temperature is not guaranteed. Hot Tubs are available year round unless otherwise indicated in the property description. Homes with hot tubs may include an additional fee for the months of January-March. Tenant assumes all responsibility and risk for himself and his guests that may be involved when using pools and/or hot tubs. Tenant also agrees and understands that he/she is responsible for any damage resulting from misuse or negligence by Tenant or their guests. Children are not permitted in pools or hot tubs without adult supervision. Conditions resulting from Tenant abuse which requires additional service such as water replacement, shock treatment, etc. will be charged to the Tenant. Absolutely NO PETS in pools and hot tubs.
30. Maintenance and Refunds - Every effort is made to keep each home and its equipment and amenities in good working order. Please notify our office immediately of any problems you encounter during your stay so that repairs may be made. Maintenance personnel may enter the premises to perform maintenance or repairs during reasonable hours without prior notice. There will be NO REFUND for inoperable equipment such as air conditioning, appliances, dishwashers, washers, dryers, refrigerators, TV's, stereos, and video players. There will be NO REFUND for disruption of utilities including power, water, telephone, internet or cable.
31. Agency Disclosure - By North Carolina Law, Agent must notify you that Corolla Classic Vacations is employed by and represents the Property Owner. Corolla Classic Vacations will make every effort to assist you in the selection of your rental property. Corolla Classic Vacations receives commission on some services offered to Tenants.
32. Subdivision and Property Association - Agent is not responsible for the conduct or operations of subdivisions and property owner associations. Agent shall not be held liable for any loss or inconvenience arising out of or to arise out of the enforcement of subdivision rules and regulation, such as early check-in, on-street parking, storage of recreational vehicles, utility trailers, etc. For more detailed information regarding these issues, please contact your rental home's subdivision representative (or property owner’s association representative) directly.
33. Limitations of Remedies, Damages, Indemnity, Assignment - In the event that Agent or Owner are unable to deliver the rental property to Tenant under this Vacation Rental Agreement because of fire, damages, eminent domain, delay in construction or lack of sewer or water, Tenant hereby agrees that Agent's and Owner's sole liability as a result of any of these conditions is the refund of consideration paid by Tenant pursuant to the terms of this agreement for the period of time the property is unavailable. Tenant expressly acknowledges that in no event shall Owner or Agent be liable for any consequential or secondary damages. Tenant also agrees that in case of a double booking or occupancy by Owner, Tenant will be entitled to a full refund of all consideration previously paid by the Tenant. If Agent is able to relocate Tenant, Tenant shall pay (or be refunded, as the case may be) any difference in rental amount. The Tenant agrees to release and indemnify the Owner and Agent from and against any liability for injury to any person(s) resulting from any cause whatsoever, except only such an injury as may be caused by the gross negligence or intentional acts of the Owner or Agent. Agent has the right to terminate this agreement in the event of Tenant's verbal or physical abuse of staff. Tenant shall not assign this Agreement or sublet the Premises in whole or in part. This agreement shall be governed by and interpreted in accordance with the laws of the State of North Carolina, and shall be treated as though it were executed in the County of Currituck, State of North Carolina. Any action relating to this Agreement shall be instituted and prosecuted only in the Superior Court of Currituck County, North Carolina. By signing this Vacation Rental Agreement, you are consenting to jurisdiction in the state courts of North Carolina.