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1. RULES, REGULATIONS, POLICIES. By signing this Vacation Rental Agreement, I certify that I have read, understand, and abide by all rules, policies, regulations of Angel by the Sea and the property referenced in this agreement. These rules, policies and customs are available in the contained herein, and the other paper work provided above and on the web page agree to vacate Property upon demand for any violation of any of these rules, policies, and regulations.
2. RESERVATION FEE. I agree to pay a 200.00 nonrefundable reservation fee to Laura Rosenbaum for the purpose of procuring, processing, accounting for, and administering my reservation. This will be applied to final payment leaving a balance of the remainder.
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3. ADVANCE PAYMENT. I agree to pay advance payment. Rental Agreement must be signed and returned to our office and advance payment must be received in our office within 14 days of making reservation or reservation will be cancelled. The advance payment will include 200.00$ of the rent, the nonrefundable reservation fee, if rental insurance is desired you agree to purchase this from another agency understanding we are not able to offer this.
These monies can be a personal check, money order or credit card payment. I agree to pay a $30.00 charge for returned checks. All payments must be in US funds.
4. BALANCE PAYMENT. I agree to pay the balance payment within 21-30 days prior to check-in. I understand that my reservation may be cancelled if my balance payment has not been received 21 days prior to check-in without refund of advance payment. The balance payment will include sales tax and accommodations tax for all taxable monies, 7% North Carolina Sales Tax and 6% local accommodations tax. Tax rates may change from time to time. No personal checks can be accepted unless within 21 days of arrival. I agree to pay a $30.00 charge for returned checks. All payments must be in US Funds via money order, certified check, or personal check (if received 21 days prior to arrival).
5. TRAVEL PROTECTION INSURANCE. I understand that Angel by the Sea has offered me travel protection insurance knowledge and the inability to provide this prior to my occupancy, such offering is contained herein this Vacation Rental Agreement..
6. MANDATORY EVACUATIONS. If State or local authorities order a mandatory evacuation of any area that includes the property, I shall comply with the order and evacuate the Property upon being notified, and return all keys to the property to the Property Manager. Furthermore, I agree not to return to the property after the mandatory evacuation order has been lifted without consent. Please note that Tenant will not be entitled to a refund from agent if, prior to taking possession of the property: (i) Tenant decided against insurance that would have compensated Tenant for losses or damages resulting from loss of use of property due to a mandatory evacuation order, or (ii) Tenant purchased such insurance another Agent. Ultimately it is the Tenant's responsibility to be aware of weather conditions
and evacuate the property if requested by government.
7. As Tenant, I agree to pay all damages, fees, or bills, and assume financial responsibility for losses to property or contents, or services generated by or during my occupancy that exceed the amount of the security deposit or that cannot be withheld from the security deposit.
8. TRANSFERS. All transfers of one property to another property or transfer of one week to another week will be treated as a cancellation. Please see paragraph # 13.
9. CANCELLATION. All cancellation requests must be in writing. In the event of a cancellation by Tenant, Tenant will not be entitled to a refund of any rent payment made hereunder. Whether or not the Property is 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 cancellation.
10. TRANSFER OF PREMISES. a.) If the owner voluntarily transfers the Property, Tenant has the right to enforce this Agreement against the grantee of the Property if Tenant's occupancy under this agreement is to end 180 days or less after the grantee's interest in the Property is recorded. If the Tenant's occupancy is to end more than 180 days after such recording, 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 10 days after transfer of the Property, the grantee or grantee's agent is required to: (i) notify Tenant 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 Tenant whether Tenant has the right to occupy the Property subject to the terms of this Agreement or receive a refund of any payments made by Tenant. b.) 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 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 recording 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 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 Property is involuntarily transferred prior to Tenant's occupancy of the Property, 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.
11. 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 Property by fraud or misrepresentation. Please note that a material breach any provision of this agreement (including any addendum hereto) will result in termination of Tenant's tenancy.
12. 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 or visitors) 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 representative may enter the Property during reasonable hours to inspect the Property, to make such repairs, alterations or improvements thereto as Agent or owner may deem appropriate, or to show the Property to prospective purchasers or tenants. Furthermore, Agent reserves the right to enter the Property at any time to inspect for suspected House Parties or pets, which are strictly prohibited. Tenant shall not assign this agreement or sublet the Property in whole or part without written permission of Agent.
13. MAXIMUM OCCUPANCY AND HOUSE PARTIES. Please note the Maximum Occupancy of the property. Exceeding the Maximum Occupancy at any time, with either overnight guests or day guests will result in eviction due to property owner requirements, health regulations, building codes, and other. Plan a large enough (occupancy) property for all guests. No House Parties are permitted in any vacation unit. All vacation units are rented to family groups or individuals only. No teen or college groups are allowed, even if they are chaperoned by adults. Angle by the Sea reserves the right to immediately terminate or reject rental, without refund, if in Agent's opinion the Tenant has violated these policies or determines, in Agent's sole discretion, that tenant(s) are detrimental to the property..
14. MINIMUM AGE. Will only rent to persons 25 years of age or older. Minors must be chaperoned at all times or Tenant is subject to immediate eviction. Agent reserves the right to check ID's to verify age. If under the age of 25 must be
with parents.
15. CHECK-IN; CHECK-OUT; EARLY CHECK-IN; LATE CHECK-OUT. Check-in time will be no earlier than 3:30 p.m. unless Tenant has arranged for and paid for the Early Check-In option of 1:00 p.m., if available. The early check-in option is strictly optional, and availability is limited. The cost of this service is $50.00. Keys will not be released until the Tenant's check-in time, as determined above. Check-out time for all units is 11:00 a.m unless tenant has arranged and paid for the late check-out service in advance. Tenants that have not checked out by 11:00 a.m. will be charged for the late check-out fee and will still need to vacate the property immediately. Tenant agrees to return all keys, permits, etc. to Agent. Furthermore Tenant agrees not to park on the Property or occupy any portion of the Property prior to their check-in time or after the check-out time. Cleaners, Inspectors, Service and Repair companies, and Agent may not be able to perform their services if this provision is not followed and any additional charges from such companies will be the responsibility of Tenant. Late check-ins please make prior arrangements with Agent. Agent reserves the right to delay check-in time for cleaning & repair services.
15. AGENT DUTIES PART 1. Agent and Property Owner agree to provide the property in a fit and habitable condition for a normal person as determined by local building codes, market standards, and owner's tastes.
16. AGENT DUTIES PART 2. Angel by the Sea will make every effort to ensure that Tenant's stay is safe, comfortable, and enjoyable. No refunds or discounts will be made for inclement weather, mechanical breakdowns, or other "nuisances" beyond our control. Examples of these "nuisances", which DO NOT warrant any refund, discount, or another property, etc. include but are not limited to: breakdown of air conditioners, TV's, VCR's, electronics or appliances, disruption of use or missing beach access due to nature, construction in the area, disruption of utility services, a home not decorated/accommodated/improved/updated to Tenant's tastes, problems which have not yet been reported to Agent, bad weather, or noisy neighbors. Tenant agrees to report any and all problems to Angel by the Sea immediately. Angel by the Sea agrees to make every effort to resolve the problem as quickly as possible, however, cannot guarantee when the problem will be resolved. Speed of service cannot be guaranteed due to the fact that Topsail Island is remotely located and is a barrier island. A vacation rental is not similar to a hotel due to individual, private ownership of each property.
17. TENANT DUTIES. Tenant agrees to maintain the property in accordance with Section 42A31 of the Vacation Rental Act of the North Carolina General Statutes. Furthermore Tenant agrees to: (i) leave the Property in the same condition as when tenancy began except for normal wear and tear, (ii) be financially responsible for unwarranted or unneeded service calls and service calls caused by tenants misuse of the property, (iii) report any and all problems to Angel by the Sea immediately, (iv) not to allow any member of their party to walk on, play on, or in any way disrupt the sand dunes of Topsail Island, each town has a fine for this action, (v) not to enter owner's private storage spaces, (vi) to abide by occupancy limits of the Property at all times. Upon Departure, Tenant agrees to;(i) wash and put away dishes, (ii) make beds, (iii) remove garbage from the unit and roll garbage cart to within 2 feet of the street, (iv) place rental items where they were found. Tenant agrees to pay any charges associated with failure to complete the above. The Tenant, being the person whose name the contract is in, will be the sole contact person in regards to this Agreement and the tenancy. Such Tenant is responsible for all guests'/visitors' adherence to this Agreement. Tenant understands and agrees that it is Tenant's responsibility to ensure that all aspects of the property meet their standards through previewing the property or other means, because tastes, opinions, standards of living, and other expectations vary greatly from person to person. What may be "nice" to a reservationist; may be unsuitable to a Tenant with different standards.
18. OTHER ORDINANCES, RULES, REGULATIONS. Tenant agrees to abide by all other ordinances, rules, and regulations that may be imposed by parties other than Angel by the Sea such as local governments, homeowner associations, etc. Town ordinances prohibit the use of campers or other such motor vehicles except in designated campgrounds.
19. PETS. No pets are allowed on the premises. Violation of a no pet property will result in immediate eviction without refund and will be subject to all cleaning costs, any losses incurred by Property Owner and/or Agent due to this violation, and a $125.00 handling fee. Failure to report each pet and pay the nonrefundable pet fee for each.
20. NO SMOKING. NO smoking is allowed. When in violation of the smoking policy, Tenant agrees to pay all costs associated with cleaning to remove smoke odors, any losses incurred by Property Owner and/or Agent, and a $25.00 handling fee.
21. LEGALLY BINDING. Tenant agrees to abide by and fulfill all parts of this Agreement, all additional policies, rules, regulations and addenda to this Agreement, and furthermore agrees that it is a legally binding agreement, either in whole or in part. If Tenant does not understand any portion of this Agreement, they should consult their attorney. All parties agree that in the event of a dispute, the agreement will be interpreted in accordance with North Carolina law. Should Agent be forced to resort to the employment of legal counsel, litigation, or professional collection services in the collection of any amounts due the Agent under this agreement, Tenant shall be responsible for all costs associated with such. In the event of a lawsuit or other legal proceeding, all parties agree that such actions shall be held in the venue of Pender County, North Carolina..
By my signature, I acknowledge that I have read and agree to abide by the conditions set forth in this rental agreement and all policies, regulations, and rules set forth. I further understand and agree that to breach any items contained within the above referenced documents will result in my eviction without refund. I understand that Angel by the Sea has made every effort to provide accurate information, however, in the event of errors, omissions, any changes by the Property Owner, I agree not to hold Angel by the Sea, or the Property Owner responsible or liable.
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