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.
In consideration of the advance rent payment received and the mutual promises herein, the Owner of the subject property (hereinafter referred to as Owner), through Landmark Vacation Rentals as the Agent (hereinafter referred to as LVR), does hereby lease and rent to Guest and/or Tenant (hereinafter referred to as Tenant) the certain property described within for the following Terms and Conditions:
1. PAYMENTS:Initial deposit of 30% of total stay or $500, whichever is greater and including applicable sales taxes and non-refundable administrative fees, are due upon receipt of reservation confirmation. Final payment is due 60 days prior to arrival date in the form of a check or echeck. Checks should be made payable to Landmark Vacation Rentals and returned with lease agreement. There is a late fee of $25.00. Checks returned as NSF will incur a $30.00 service charge and could be subject to cancellation for nonpayment. Reservations made less than 60 days prior to arrival must be paid in full at time of confirmation. A property shall not be considered confirmed until the deposit and/or full payment is received by LVR. Properties without deposits may be cancelled due to nonpayment at any time. Tax rates are calculated at the time of this Agreement. Tenant shall be responsible for payment of all applicable taxes according to rates in effect at the time of occupancy should the tax rates change. Optional Travel insurance will be offered through CSA Travel Protection (see “Travel Protection” below for more details). Advance rent payments are only refundable through in the event of qualifying conditions due to cancellation through CSA Travel Protection ORif the property is rebooked for the same time period and same rate. All cancellations must be made in writing to LVR.
2. CANCELLATIONS COVERED BY CSA TRAVEL PROTECTION: Once Tenant’s reservation deposit has been received, there will be no refunds unless qualifying conditions are met with CSA Travel Protection or property has been re-rented for the same time period and rate. Please contact LVR as soon as possible in the event Tenant must cancel. If Tenant has purchased CSA Travel Protection and needs to file a claim, the contact number is 800-554-9839 to begin a claim for loss of rent payment. If Tenant chooses to decline the CSA Travel Protection, the only possibility for a refund for Tenant’s advance payments will be if the property is re-rented for the same time period and rate originally booked. If the Tenant qualifies for a refund of advance payments, Tenant shall receive a refund of all advance payments, less non-refundable administrative fees. Tenant is not entitled to a refund for of prepayments for early departure. All cancellations must be received in writing by LVR. Travel Protection Insurance is automatically calculated at 7% of total reservation amount and added into the rental rate. The plan is optional, but helps to protect Tenant In case of any unforeseen events that would lead to cancellation. Tenant can decline the coverage within 10 days of confirmation receipt. Questions regarding CSA Travel Protection can be answered by reviewing the Description of Coverage on their website: http://www.vacationrentalinsurance.com/330cert or calling 800-554-9839. Please see attached flyer about CSA Travel Protection policies.
3. RATE ADJUSTMENTS: Tenant shall not be entitled to any rate adjustment or refund due to delay in check-in, early check-out, or damage to guests’ belongings for any reason including mechanical malfunctions and disruption of utility services, including cable or satellite TV. There will be no refunds due to unfavorable weather or any acts of God. Each tenant is urged to opt for Travel Protection to cover potential financial loss. Should it be necessary to file an insurance claim, Tenant, not Agent, shall be responsible for seeking reimbursement. LVR acts only as a sales agent for the Lodging Protection Plan (Trip Cancellation and Interruption Coverage) administered by CSA. For questions regarding this plan, call CSA at 800-554-9839. The plan code is G-330CSA and the website www.vacationrentalinsurance.com/CASHIERS. LVR receives compensation for selling this Plan.
4. TAX RATES: Tax rates are calculated as of the time of this Agreement. Tenant shall be responsible for payment of all applicable taxes according to rates in effect at the time of occupancy should the tax rates change.
5. PROPERTY DAMAGE: This Vacation Rental Damage Protection Plan is in lieu of a cash security deposit under $3000.00 and coversunintentional damages to the Property that occur during Tenant stay, provided damages are disclosed to management prior to check-out. The policy will cover a maximum benefit of $3,000.00. Any damages that exceed $3,000.00 will be charged to the Tenant’s credit card on file. If, during Tenant Stay an Insured Person causes any damage to real or personal property as a result of inadvertent acts or omissions, the Insurer will reimburse LVR for the cost of repair or replacement of such property up to a maximum benefit of $3,000.00. Certain terms and conditions apply. Full details of the Vacation Rental Damage Protection coverage are contained in the Description of Coverage or Insurance Policy. By submitting payment for this plan, Tenant authorizes and requests CSA Travel Protection and Insurance Services to pay directly LVR any amount payable under the terms and conditions of the Vacation Rental Damage Protection. The fee is mandatory unless Tenant places a cash security deposit against Tenant’s reservation (amount to be determined by LVR) or the security deposit requested by Owner is greater than $3000.00. A refundable damage deposit will be returned to Tenant, in check form, within 45 days of departure date. The Properties are carefully inspected after each Tenant’s departure. Collection costs and reasonable attorney’s fees, if necessary, will be the responsibility of the Tenant per Article 42 of the NC G.S. Act. Please see them Item 21 below.
6. ARRIVAL AND DEPARTURE TIMES: Check in begins no earlier than 4:00 PM on the day of arrival at LVR office before going to Property. If Tenant will be a late arrival, please notify LVR so that special arrangements can be made. Tenant agrees to place a credit card imprint on file in case of charges incurred for incidentals and/or intentional damage. Tenant’s arriving late will need to stop by the LVR office to formally register on the next business day. Please note that keys will only be given to Tenant listed on the confirmation unless Tenant informs LVR in writing that a representative can pick up keys. Check out is no later than 10:00 AM on the day of departure. Tenant is responsible for leaving the unit undamaged and in reasonably clean condition. Tenant should secure all windows and doors prior to departure and Tenant’s party has vacated the premises. Keys MUST be turned in at a LVR office. Failure to return keys could result in a $50.00 charge against Tenant’s credit card on file.
7. ACCOMMODATIONS: Each property is privately owned and furnished, equipped for housekeeping and decorated by the Owner. Items not limited to but the Owner provides including furniture, appliances, equipment, style, and color. LVR does not accept liability for aesthetic of functional perception of the Property’s content and no rate adjustment can be made for such.
8. OCCUPANCY: North Carolina law requires the total occupancy in units served by septic systems not to exceed two persons per bedroom. Maximum number of occupants allowed in each unit is indicated in the property description. Overcrowding or misrepresentation is grounds for immediate eviction without refund pursuant to Sec. 42A-23, et.seq. of the Vacation Rental Act.
9. MAINTENANCE AND REPAIRS: All maintenance and repairs should be reported to LVR immediately. If repairs to appliances and other systems in the unit are necessary, they will be made as expeditiously as possible. NO REBATES WILL BE GIVEN FOR ANY MALFUNCTIONS. LVR reserves the right to enter premises to perform repairs, maintenance, etc. Repairs and maintenance caused by Tenant malfunction or abuse can be charged to the Tenant’s credit card on file.
10. TELEPHONES: Most rental properties provide local telephone service. If the Property does not provide unlimited long distance service, any fees will be charged to the Tenant’s credit card on file with a $25.00 service charge. This is in accordance with NC Vacation Rental Act.
11. TV USAGE: Television station availability will be dependent upon basic level of service established by Owner in the case of satellite or cable providers, as well as content. Pay-per-view selections will be charged to the Tenant’s credit card on file up to 45 days after departure. No adjustments to TV service levels will be made.
12. PETS: No pets are allowed unless specifically authorized and permitted on the Property. This applies to guests of Tenant. Violation of pet policy is grounds for immediate eviction without refund, pursuant to Sec. 42A-23 et.seq. of the Vacation Rental Act. TENANT IS FULLY RESPONSIBLE FOR ANY AND ALL DAMAGE TO THE PROPERTY BY PERMITTED OR UNPERMITTED PETS, INCLUDING BUT NOT LIMITED TO THE COST OF REPLACING ANY DAMAGED CARPET, FURNISHINGS, SCREENS OR OUTDOOR AREAS.
13. NO SMOKING: All LVR Properties are designated as Non Smoking. Smoking is permitted outside only where permitted. Some areas may not be suitable for smoking due to ventilation and proximity of nearby properties. Violation of the “No Smoking” policy is grounds for immediate eviction without refund, pursuant to Sec. 42A-23 et.seq. of the Vacation Rental Act. Any charges to restore the Property back to its original condition will be charged to the Tenant’s credit card on file.
14. LAKEFRONT PROPERTIES: Owners, Agents and LVR are not responsible for any changes in water levels, water quality or water conditions.
15. QUIET USE AND ENJOYMENT: LVR does not guarantee quiet use and/or enjoyment of Property including but not limited to noise from other persons, neighboring properties, construction, and maintenance. LVR cannot grant rate adjustments resulting from circumstances outside of the rental property.
16. HOUSE PARTIES: LVR does not allow house parties in any rental property. Guests are not allowed to organize graduations, proms, gatherings, reunions, weddings, receptions, student groups or any other function similar in nature and could result in Tenant eviction. LVR does offer rental properties that will allow family reunions, weddings or receptions, however all such events must be approved in writing in advance and there will be an additional charge and/or security agreement assessed.
17. UNLAWFUL ACTIVITY: Property may not be used for any activity, which violates local, state, or federal laws, or NC insurance rules and regulations. Any such violation after commencement of tenancy shall be considered material, and shall result in the termination of tenancy with NO REFUND OF RENT.
18. RESERVATIONS MADE BY OTHER: All reservations made by owners, outside travel agents and/or reservation services are subject to rules and policies of LVR. LVR is not responsible for inaccurate or misleading representations presented by the Owner or outside travel agents. Guests will be required to resolve any discrepancies directly with the Owner of the Property or the Tenant’s travel or booking agent.
19. ASSOCIATION RULES: All reservations are confirmed with the understanding the Tenant and all of the Tenant’s guests will abide by the rules and regulations prescribed by Owners, condominium, homeowner and master associations as required for each rental property and attached amenities.
20. ACTS OF NATURE: LVR and/or Owner cannot be held liable for any acts of nature or occurrences beyond our control. No rate adjustments will be made.
21. PARKING: Motor homes, boat trailers, watercraft, travel trailers, jet skis, etc. may not be allowed at the rental properties. Tenant is responsible to find out about parking and/or restrictions prior to arrival. Please ask about local storage of such vehicles and equipment prior to arrival in advance.
22. POOLS AND HOT TUBS: The rental property Owner or rental property association control pool and hot tub temperatures. LVR is not responsible for pool or spa temperatures, closures or malfunctions. No credit, discount and/or rate adjustments can be granted for items mentioned above or circumstances beyond our control. There will be days when the weather conditions will not allow pool heaters to accommodate swimming and temperature recovery times will vary. Use of pools and hot tubs is the sole discretion of Tenant. LVR and/or Owner are not responsible for Tenant and Tenant’s guest use of pools or hot tubs.
23. AMENITIES: Amenities vary at each rental property. Please contact LVR for specific needs you may have regarding rental property amenities. LVR is not liable for malfunction or closure of rental property amenities and no credits and/or discounts can be granted for circumstances beyond our control.
24. AGENCY DISCLOSURE: LVR serves as agent and representative of all Owners of condominium units and private dwellings in its rental program and is acting at all times in and for the best interest of the Owner.
25. PEST CONTROL: LVR and/or Owner provide precautionary treatment for pest control and animal control. Rental properties are treated for pest control by the condominium association or by a contracted pest control company. LVR will make every effort to address pest control concerns, but is not responsible for rebates due to the presence of pests or in the event of untimely service by pest control companies. Garbage must properly bagged and stowed to ward away animals searching for food. Tenant may be responsible for any damage and/or clean up associated with improper procedures.
26. ACCURACY OF INFORMATION: To the best of LVR’s knowledge, the information contained on the confirmation, terms and conditions, along with our website and advertising is deemed accurate, but not guaranteed. Descriptions, rates and property amenities listed on the confirmation are subject to change without notice. Omissions, additions or errors as well as changes in property bedding, furnishings, equipment, etc., shall not be the responsibility of LVR or Owner. Tenant should contact LVR about specific items of importance to them.
27. MAID SERVICE/SPECIAL REQUESTS: Linens and bath towels are included in each rental property and have been inventoried prior to Tenant arrival. LVR cannot guarantee Property will supply additional items such as beach towels. The Property is cleaned prior to Tenant arrival and upon Tenant departure, but does not include daily maid service. Daily maid service can be arranged with a minimum of 24 hours’ notice for an additional charge. Other guest convenience items are offered at an additional charge and can be arranged prior to guest arrival. Preferences will be noted, but not guaranteed.
LIMITATIONS OF REMEDIES, DAMAGES AND INDEMNITY
28. If Agent/Owner is forced to resort to employment of legal counsel, litigation or professional collection services in the collection of any amounts due LVR/Owner under this Agreement, Tenant shall be responsible for all costs of litigation and collection including, but not limited to, reasonable attorney‘s fees if LVR/Owner prevails in said legal action. In the event of any litigation or other dispute resolution, the parties agree that jurisdiction shall reside exclusively in respective county where Property is located.
29. Every effort is made to ensure all information in LVR’s advertising is accurate and complete. However, LVR cannot be held responsible for typographical errors, omissions, price changes, and other changes made by owners within the units.
30. In accordance with the National Association Realtors Standards of Practice and Code of Ethics, it is hereby disclosed that Landmark Vacation Rentals has contractual relationships with the Owners. This contractual relationship employs Landmark Vacation Rentals to act as the Agent of the Owner and treat all parties (Tenants and Owners) honestly, fairly, and in good faith. Units may or may not be owned by a Real Estate Licensee
31. Landmark Vacation Rentals acts only as a sales agent for the Guest Protect Plan (Trip Cancellation and Interruption Coverage) administered by CSA. For questions regarding this plan call CSA at 866-999-04018, Group Plan Code 330CSA. Landmark Vacation Rentals receives compensation by selling this Plan.
32. Notwithstanding any other assurance to the contrary, this lease is not binding or effective until signed by Tenant and Landmark Vacation Rentals, and advanced rent payments (reservation deposit and sales tax) is received by LVR.
33. Tenant is responsible for abiding by all rules, regulations, and instructions in the Lease Agreement and/or posted in the units. An officer of Landmark Vacation Rentals must approve any exceptions to the above-mentioned rules, regulations and instructions in writing in advance.
34. If at the time tenant is to begin occupancy of the property, Landmark Vacation Rentals or Owner cannot provide the premises in a fit and habitable condition, or occupancy is unavailable for some unavoidable reason, Landmark Vacation Rentals will make all efforts to substitute a reasonably comparable property for occupancy. In the event that Landmark Vacation Rentals is unable to do so, tenants exclusive remedy shall be a refund to tenant of all payments made. Tenant expressly acknowledges that in no event shall Landmark Vacation Rentals or Owner be held liable for any consequential or secondary damages, including but not limited to, any expenses incurred as a result of travel, costs of re-renting, etc. Tenant must submit any complaint regarding accommodation to Landmark Vacation Rentals, in writing, prior to checkout for consideration by Owner. The Tenant agrees to release, indemnify, and hold harmless the Owner and Landmark Vacation Rentals. This indemnification includes any and all costs and expenses, which may accrue to Owner or Landmark Vacation Rentals including reasonable attorney’s fees.
35. In the event the property subject to this agreement is voluntarily transferred by Owner, Agent will advise Tenant of transfer of property in accordance with Sec. 42A-19 of the NC Vacation Rental Act.
36. Landmark Vacation Rentals, the Owner, or their representative have the right to enter premises during tenancy to inspect, make repairs, or show property for sale.
37. By their signatures as set forth herein, tenant expressly authorizes landlord and/or Landmark Vacation Rentals to deposit any and all advanced sums in an interest bearing account at United Community Bank, Highway 107 South, Cashiers, NC. It is understood and agreed that any and all accrued interest upon said amounts shall inure to the benefit of Landmark Vacation Rentals.
38. The Provisions of Article 4 of Chapter 42A (“Expedited Eviction Proceedings”) of the NC Vacation Rental Act are applicable to this agreement.