This Agreement constitutes a contract between the person (s) above and Outer Banks Blue as Agent to rent the Dwelling described above. In signing this agreement, the guest does promise to abide with all rules and regulations in the attached Guest 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 THIS TENANCY AND EXPEDITED EVICTION OF TENANTS. YOUR SIGNATURE OF THIS AGREEMENT, 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 VACATION RENTAL.
GUEST VACATION RENTAL AGREEMENT
1. CANCELLATION OF THIS RENTAL AGREEMENT: Tenant agrees that this lease may not assign nor the property sublet without consent by Agent. If a Tenant must cancel the reservation, the cancellation must be in writing. Cancellation received orally will be permitted in an emergency situation must be followed up in writing. If the property is re-rented, tenant will receive monies paid back, less a service charge not to exceed $250.00 for clerical service, and all monies paid for trip cancellation insurance. If the property is not re-rented, Tenant will forfeit the entire rental amount to compensate for the loss of rental. Transfers (to another week in the same unit or to another unit) are treated the same as a cancellation.
2. STATE OF EMERGENCY/HURRICANE: If state or local authorities order a mandatory evacuation of an area that includes the subject property, the tenant will comply with order. The tenant will not be entitled to any refund if the tenant has not purchased trip insurance offered through the agent’s recommended carrier. Once the travel insurance is purchased, it is non-refundable. Insurance coverage is only available until the final payment is made. Tenant understands that agent is compensated by the insurance company for cooperation in the transaction.
3. EXPEDITED EVICTIONS: Agent is authorized through its contract with the property owner to rent to Family groups only. Tenant shall be at least 24 years of age. Agent may request a list of permitted occupants be provided. No high school, college, or single groups are permitted. Misrepresentation will result in tenants being asked to vacate the subject property immediately. Any tenant who leases residential property subject to a vacation rental agreement for 30 days or less may be evicted, have tenancy terminated, and removed from the property in an expedited eviction proceeding if the tenant does one of the following: 1. Holds over possession after the tenancy has expired. 2. Has committed a materials breach of the terms of vacation rental agreement. 3. Fails to pay rent as required by the agreement. 4. Has obtained possession of the property by fraud or misrepresentation.
Note: Arrival and Departure: You agree that arrival time is between 4:00pm 6:00pm (unless prior arrangements have been made and agreed to in writing) and departure time is no later than 10:00am. Agent will use reasonable efforts to have the property ready for Your occupancy at check-in time, but Agent cannot guarantee the exact time of Occupancy.
4. TENANT DUTIES: Tenant agrees that subject property will not be used or occupied by more than the maximum allowable number of occupants advertised, includes tenant, tenant’s family (including children), and tenant’s guests. Tenants shall care for the property as if it was their own, and to leave it undamaged, clean and keep conditions safe throughout their tenancy. All trash should be removed from inside the cottage and disposed of in the trash containers outside and belonging to the property. Tenants shall not deliberately destroy, deface, damage, or remove any part of the property or render inoperable the smoke detector provided by the landlord or knowingly permit any person to do so. Tenant agrees to reimburse agent and/or owner the amount of all damages. Outer Banks Blue maintains the right to hold a credit card for up to 45 days for any tenant damages, up to, but not exceeding $1500.00. The property shall not be used for commercial purpose or for any activity or purpose that is in violation of any government authority having jurisdiction over the property. All equipment in the unit should be in good working order. Please report any inoperative equipment to our office promptly. We will make every reasonable effort to have repairs made as soon as possible. Tenant understands that no refunds will be given for lack of internet connectivity or speed; or loss of cable television signals. It is up to the individual home owner who contracts with a utility service to provide the ISP. Outer Banks Blue is located at 3732 N. Croatan Hwy in Kitty Hawk and does have wireless connection available for guests if needed. NO firearms, explosives, or fireworks are permitted on any of the Outer Banks Blue leased properties.
5. LANDLORD DUTIES: Landlord shall comply with all current applicable building and housing codes, and make all repairs and do what is necessary to keep the property in safe, fit and habitable condition. The landlord shall maintain in good and safe working order and reasonably repair all electrical, plumbing, sanitary, heating, ventilation and other facilities and major appliances supplied by him or her upon written notification from tenant repairs are needed. The Landlord shall provide smoke detectors and annually replace batteries in a battery-operated smoke detector and make repairs or replacement of same as needed upon notification from tenant. Advance rent payments and Security Deposits are held in Trust by OBX Bank, Kitty Hawk, N. C. Interest from the Trust Account will be paid to agent.
6. INDEMNIFICATION AND HOLD HARMLESS. Tenant agrees to indemnify and save harmless the Owner and Agent for any liabilities, theft, damage, cost or expense whatsoever (including but not limited to attorney’s fees) arising from or related to any claim or litigation which may arise out of or in connection with Your use and occupancy of the Premises including but not limited to any claim or liability for personal injury, damage, or theft of property. Neither Agent or Owner are providing any other warranty of any kind, except as otherwise expressly provided herein, whether written or oral, statutory or contractual, express or implied, including, without limitation, the warranty of merchantability and fitness for a particular purpose or use, which are hereby expressly excluded. The terms “Agent” and “Owner” as used in this Agreement shall include their heirs, successors in interest, assigns, employees, agents, and representatives where the context requires or permits. The terms “Tenant”, “You”, and “Your” are used in this Agreement shall include the Tentant’s heirs, sucessors, assigns, guests, invitiees, representatives, and other persons on the Premises during Your occupancy, where the context requires or permits.
7. CANCELLATION: Conditions surrounding the unilateral cancellation of this agreement by the tenant are covered in Article #2. If the subject property becomes unavailable or unsuitable for rent for any reason whatsoever, including but not limited to, casualty, loss, construction delays, physical deterioration or loss utility services, the landlord’s liability will be limited to the return of all monies paid on the account at the time of cancellation.
8. DOG FRIENDLY HOMES: Limited to 2 adult house-trained dogs only in pet-friendly homes permitting dogs. No dogs allowed in pool or hot tub. Units not permitting these pets are clearly defined in our marketing material and violation of the NO PET rule will be grounds for immediate eviction without refund. Absolutely no other types of animal but dogs are permitted.
9. This agreement shall not be binding unless and until Agent has received one-half (1/2) of the gross rent as advanced rent and all checks have cleared the bank. Tenant acknowledges they may not have possession of the premises until the full rental amount set forth herein, including all taxes and fees, has been paid and lease has been executed. Reservation is subject to be cancelled if we have not received your signed lease within two (2) days of receipt. The balance payment of you rent will be due at least 30 days prior to your check-in date. Tenant agrees and understands that any advance rent payments will be disbursed to the owner in advance of their occupancy.
10. ACTS OF GOD: Neither Landlord nor Agent shall be liable for events beyond their control which may interfere with Tenant’s occupancy of the property such as weather, other acts of God, acts of governmental agencies, fires, strikes, war or inclement weather. No refunds shall be given for such occurrences and Tenant is encouraged to obtain trip interruption insurance to cover such risks.
11. DISPUTES: This lease shall be governed by and interpreted by and in accordance with the laws of the State of North Carolina and shall be treated as though it were executed in the County of Dare, State of North Carolina. Any dispute or action filed relating to this lease shall be instituted and prosecuted in the General Court of Justice within the State of North Carolina and the County of Dare shall be the sole venue for such action. Tenant, by execution of this agreement, specifically consents to such jurisdiction and venue to the extraterritorial service of process should such service become necessary.