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Vacation Rental Agreement

TERMS & CONDITIONS of the RENTAL AGREEMENT

PLEASE REVIEW BEFORE ACCEPTING RENTAL AGREEMENT
Revision 10-13-11

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. A SIGNATURE ON THIS AGREEMENT OR PAYMENT OF MONEY OR TAKING POSSESSION OF THE PROPERTY AFTER RECEIPT OF THE AGREEMENT IS EVIDENCE OF ACCEPTANCE OF THE AGREEMENT AND THE INTENT TO USE THIS PROPERTY FOR A VACATION RENTAL.

A. RESERVATIONS AND RECEIPT OF RENT: Within 14 days following booking of the reservation, an amount equal to one half the rental amount plus the travel protection insurance cost, is due to Oak Island Accommodations Inc., hereafter referred to as “OIA”, as agent for the owner of the rental property, hereafter referred to as “Owner”.

Read, sign and return this form with the payment.
Personal checks will be accepted for rent payments arriving up to 30 days prior to the check-in date.
There will be a $35.00 fee for all returned checks.
Any payment received less than 30 days prior to check-in date must be certified funds, money order or credit card.
All payments other than credit cards must be made in U.S. funds or by checks and/or money orders drawn on and payable to a U.S. bank.
Unpaid reservations will be canceled without notice after the due date.
OIA reserves the right to rent only to those tenants age 25 or older.
Any tenant under age 25 will not be allowed to check-in and will be liable for lost rents and other damages if the property is not re-rented.

B. SIMPLE PAY PLAN – At the time of making the booking, tenant may be given the option for our Simple Pay Plan. Along with the lease, tenant will be given a minimum amount that must be paid monthly until 30 days prior to their arrival date. The payment will be made on the 10th of each month. The minimum monthly payment will be a percentage of the total amount of the reservation in relation to the number of months until the reservation occurs. There is no interest charged to the tenant and the tenant reserves the right to pay the remaining balance at any time with no prepayment penalty. The cancellation policy described in paragraph (E) of this document will apply to all reservations. There will be the standard $35.00 advanced reservation fee for arrival dates not occurring within the current calendar year.

C. WEEKLY/NIGHTLY RESERVATIONS – Weekly rentals during high season, have either Saturday or Sunday turn days. Be sure to check the property description for the appropriate turn day. Nightly rentals during the high season must end on the turn day of the property, Saturday or Sunday. Properties that allow nightly rentals during high season allow such bookings 2 weeks prior to arrival. During the off-season nightly rentals may be booked at any time with a 2 night minimum stay unless otherwise noted. Nightly reservations for Memorial Day and Labor Day weekends will be accepted 2 weeks prior to arrival.

D. OFF-SEASON TERM RENTALS – Short term properties made available for the off season time frame renting for less than 30 days, will be subject to short term rules. The rent and security deposit (if any) will be paid prior to occupancy by the tenant. For occupancy longer than 30 days, the rules for long term rentals apply: the rent will be due prior to each 30 day increment, late fees will incur 6 days past that day, and eviction process will begin 15 days after rent is due. Personal checks will be accepted for rentals of 30 days or longer. Cancellations reducing the original term will be subject to a $100.00 fee. Security deposits are usually refundable within 45 days from the departure date; however certain circumstances may require a longer time frame.

E. CANCELLATION – For all reservations, once rent has been paid and accepted by OIA, that money is considered non-refundable unless a re-booking of equal or greater value occurs. If a reservation is canceled the guest will be responsible for any lost rent and other damages if the property is unable to be re-rented for the same period for an equal or greater amount. If the property is so re-rented, then and only then, will a refund be made less a cancellation fee of $100.00. All cancellations must be requested in writing by fax, e-mail or letter. If the property is re-rented for less than the original amount, the Owner remains entitled to the full rent. Any remaining rent after the owner is paid, less a cancellation fee of $100.00 will be refunded to the tenant. Refunds will be payable to the cancelling tenant within 45 days after the subsequent re-rental payment has cleared the bank. It is recommended that all tenants consider Travel Protection Insurance as described in Section I, paragraph (10). Rental payments by the month are non-refundable. Security deposits for long term cancellations will usually be refunded within 45 days from cancellation date, less a $75.00 cancellation fee.

F. TRANSFERS – After payment is received, date changes within the same property can occur with no risk provided the rental rate for the new time frame is equal to or greater than the original rental rate. If the change involves a lower rental rate, the greater of the two rates will prevail unless and until the original time frame is re-rented at the original rental rate. If requesting a change of date within the guidelines set forth, a $75.00 fee will apply. Changing to a different property requires cancellation of the original reservation and therefore the cancellation policy applies. Any Transfers involving a booking during the time frame of June, July and August must be made no less than 60 days in advance of the original occupancy date. All other Transfers may be made no less than 30 days in advance of the original occupancy date. Transfers made that are noncompliant with these restrictions will be treated as cancelations. Tenant name changes will be accepted upon receipt of written approval from both the original tenant and the new tenant no later than 30-days prior to check-in.

G. DETERRED OCCUPANCY – If at the time of occupancy, the property cannot be delivered in a fit and habitable condition or if access to the property is not available, or if any other circumstances, other than Mandatory Evacuation, prevent the reserved property from being occupied, OIA reserves the right to substitute a reasonably comparable property in its place. If OIA cannot do so the Owner and OIA will refund the entire amount paid by the tenant. If circumstances beyond the control of OIA occur such as the sale of a property, the Owner removing it from the market or any other unforeseen circumstance, OIA will promptly inform the tenant and shall explore alternatives. Such alternates may possibly be in a different location on the island. OIA will refund the difference in rent if the alternate accommodation is less than that originally reserved; if more, the tenant will be responsible for the difference. Any discounts or reductions will be at the will of the Owner.

H. CHECK-IN – Check-in begins at 3:00 PM, however, no check-in time is guaranteed. All arrivals proceed to the main office for check-in. All check-ins are subject to release by the Housekeeping Department. In the event Housekeeping has been delayed, please do not enter the property until the cleaning process has been completed. Tenants arriving after office hours will find key packet in the key box located in the front foyer of the main office. Key packets will be left out only if the account is paid in full. Check the key packet closely to make sure the name and property are correct. Tenants who check-in after hours shall come by the office the following day to sign the contract and any additional paper work. OIA is offering a limited number of early check-ins. They are only available in the off season and under certain conditions and circumstances. Check with the Guest Services Department for pricing, details and availability.

I. CHECK-OUT – Check-out time is 10:00 AM. Departing tenants are required to wash all dishes whether by hand or using the dishwasher; take out all trash; remove all personal/food items from refrigerator/cupboards. Keys may be left in the property along with the tenant survey, so long as the door is able to be locked upon departure. Guests are required to roll trash containers to the street. Items left in the property will be held for 30 days and may be returned at the expense of the tenant. Unclaimed items will be donated to charity. OIA is offering a limited number of late check-outs. They are only available in the off season and under certain conditions and circumstances. Check with the Guest Services Department for pricing, details and availability.

J. COMPANY RULES, DISCLAIMERS AND TENANT OBLIGATIONS -

ERRORS AND OMISSIONS – OIA is not responsible for errors within the printed brochure, on the website or those conveyed by any employee, including but not limited to, property descriptions and rental rates.
NOISE, CONSTRUCTION, INSECTS OR LOSS OF VIEW – OIA will not be held responsible for disruptions to the tenants enjoyment due to construction projects, traffic, neighboring properties, insects or any other circumstances beyond our control.
ACCOMMODATIONS AND FURNISHINGS – Each property is privately owned and is furnished and equipped at the Owner’s discretion and taste. OIA is not responsible for any disparity between the property condition and the tenant’s expectation. Some properties provide linens and some do not. Please check the property description for details. If linen is not provided requests may be made through OIA.
ACCIDENTAL DAMAGES – OIA does not require the tenants to pay a security deposit unless specified by the Owner. However, the tenant agrees to be responsible for any damage to the household or furnishings whether accidental or willful excepting normal wear and tear. Determination of damage will be at the sole discretion of OIA Management. All tenants are subject to the obligations imposed by the North Carolina Vacation Rental Act.
SECURITY DEPOSITS – Security deposits are not required for short term rentals (less than 30 days) unless otherwise specified by the Owner. If a property is rented for 30 days or longer, a security deposit is required. Security deposits are usually refundable within 45 days from the departure date; however certain circumstances may require a longer time frame.
OPTIONAL SERVICES – OIA has arranged for various providers to offer additional services and benefits (such as golf packages). For information and arrangements contact the Guest Services Department. OIA may receive a fee from the provider offering the service or benefit.
EARLY RESERVATION – Tenants wanting to reserve a property for the same week next year may do so by contacting the Guest Services Department by Wednesday of the first week of their current stay. There is a fee of $35.00 plus tax for each week for each week of the rental period, payable when the advanced reservation is made. This is not applied toward the rent. Should it become necessary for the property to be made available to the owner during the reserved timeframe under this provision, every effort will be made toward accommodating the tenant in finding an alternative property. If no suitable substitute can be found the advanced reservation fee will be refunded. All prices are subject to change until the Lease is submitted, signed and returned to the OIA office along with the initial payment.
MAID SERVICE - All weekly and nightly rentals include departure maid service. Any discrepancies involving cleaning will be corrected but must be reported within one day of arrival. No discrepancies reported at the end of the tenancy will be addressed or considered in any way. Monthly rentals do not apply. Mid-stay maid service is available on Mondays and Fridays after 10:00 AM for a fee. Please contact the OIA Housekeeping Department for rates and scheduling.
LINENS – Most, but not all, properties provide linens with weekly rentals. Check the property description for details. Linens are not furnished with nightly rentals, but can be rented from OIA if desired.
POOLS, HOT TUBS AND ELEVATORS – Certain properties provide swimming pools, hot tubs, and/or elevators. OIA cannot guarantee the operation or function of these amenities.
TRAVEL PROTECTION INSURANCE - OIA offers Travel Protection Insurance through CSA Travel Protection. It is an optional service and tenants may decline the purchase. It is important to note that OIA does not refund or reimburse for trip cancellations and/or interruptions and offers this insurance for the tenant’s protection. OIA encourages all tenants to consider Travel Protection Insurance. To decline the insurance, tenants must initial in the space provided either electronically or manually. All Insurance premiums are non refundable after the ten day grace period. OIA receives a fee from the provider for making this insurance available.
PETS – Pet properties accept only dogs. Other types of live animals are strictly prohibited. One pet up to 60 lbs is permitted per property. Additional pets and pets over 60 lbs must receive prior approval from the Owner. A non-refundable $100.00 pet fee is required if a pet is involved. An additional $50.00 is required for each additional pet if accepted by the Owner. If pets are discovered in a property that does not allow pets, there will be a $200.00 charge to the tenant as well as mandatory removal of the pet from the property. If more than the permitted number of pets is discovered in a property, appropriate fees will be levied as well as the mandatory removal of the additional pets. Noncompliance with these conditions could result in the implementation of the expedited eviction procedures pursuant to NCGS 42A-24. [See section I, paragraph (23)] The tenant will also be liable for any damages to the property or lost rent. There is no guarantee on the part of OIA that non-pet properties are completely pet free.
MAINTENANCE - Please report any existing damages upon arrival. Report damages that occur at the property within 24 hours to the OIA Maintenance Department. Maintenance will be provided on a first-come, first-serve basis. There will be no refunds of rent or fees due to issues over which OIA has no control such as breakdown of appliances, air conditioners, or other conditions so long as they do not render the property unfit and uninhabitable.
UNAUTHORIZED USE OF PROPERTY – If, in the sole discretion of OIA Management, the tenant becomes objectionable or violates any of the terms and conditions stated herein, the tenant will be evicted without refund. Any tenant renting under false pretense will be evicted without refund. Any tenant conducting a HOUSE PARTY in a property will be evicted without refund. Any tenancy discovered using fireworks on the property will be evicted without refund. Any tenancy exceeding the maximum occupancy (see paragraph 16 below) of the property will be evicted without refund. Any eviction is pursuant to NCGS 42A-24. [See section I, paragraph (23)] Charges for cleaning and repairs will be tenant’s responsibility and in extreme cases criminal charges could be filed.
GRILLING - Use of grills on any wooden deck, porch, balcony or similar structure is strictly prohibited. At all condominiums where grilling areas are provided, additional grills are not allowed.
AGENT RIGHT TO ENTER – OIA reserves the right to enter a property during occupancy for the purpose of effecting necessary repairs or inspection.
OCCUPANCY LIMITS – OIA’s agreement with the property owner allows occupancy equal to two people per bedroom. Occupancy is limited to these criteria. Campers, motor homes, and tents are not allowed to be occupied or connected to any rental property.
SMOKE DETECTORS – The North Carolina General Assembly places upon the tenant the duty to notify the rental agent in writing of the need for replacement of or repairs to a smoke detector. Please check all smoke detectors in the unit.
CARBON MONOXIDE DETECTORS – All properties with a fossil fuel burning appliance or an attached garage must have a carbon monoxide detector. If the property has a gas fireplace or other gas appliance or a garage with a door connecting it to the living area, please be sure to check the detector batteries upon arrival.
MESSAGES AND MAIL – Phone messages and mail may be picked up in the OIA office; it is the responsibility of the tenant to check for mail delivery.
TELEPHONES – Most properties, but not all, are equipped with telephones. All long distance calls must be charged to a personal calling card, cell phone or made collect, unless otherwise noted in the property (some properties do include long distance calling). Local calls may be limited in certain properties. Any phone charges showing on the Owner’s bill during the tenant’s stay will be due and payable immediately upon receipt by tenant. Neither OIA nor the Owner will be responsible for any interruption in phone services, nor will any refunds be offered for such interruption.
CABLE/INTERNET – Most properties offer cable television, and many offer some form of Internet access. Internet access can be in the form of a hard connection to a modem or wireless access via a router. These services are offered by the local cable provider, and therefore, places the function beyond the control of either the Property Owner or OIA. No refunds will be offered for any interruption to these services or for any lack of promptness in response time to any interruption in service.
EVACUATION – No refunds will be offered for any interruption to these services or for any lack of promptness in response time to any interruption in service.
SALE OF HOMES – Pursuant to the North Carolina Vacation Rental Act, if the property subject to this agreement is voluntarily transferred by the Owner, the tenant has the right to enforce this agreement against the new Owner of the property if the tenancy is to occur 180 days or less after the transfer to the new Owner is recorded. If the tenancy is to end more than 180 days after the transfer to the new Owner is recorded, the tenant has no recourse unless the new Owner agrees in writing to honor the agreement. Should the new Owner not agree to honor the agreement; the tenant is entitled to a full refund of all payments made.
EXPEDITED EVICTION – Pursuant to the NC Vacation Rental Act, any tenant who leases residential property subject to a vacation rental agreement for 30 days or less may be evicted and removed from the property in an expedited proceeding brought by the landlord or real estate broker as agent for the landlord, as provided under section 42A-23 of the Act if the tenant does one of the following: (1) Holds over possession after his or her tenancy has expired. (2) Has committed a material breach of the terms of this vacation rental agreement that according to the terms of this agreement results in termination of his or her tenancy. (3) Fails to pay rent as required by this agreement. (4) Has obtained possession of the property by fraud or misrepresentation. Only the right to possession shall be relevant in an expedited eviction proceeding. All other issues related to the rental of the residential property shall be presented in a separate civil action.
EVENT POLICY - If a property is used for an event, an “Event Fee” of $700 for additional usage and wear and tear will be added to the normal rental rate. The following conditions apply:
- a. Any gathering over the occupancy limits of the property must receive prior approval from OIA and the Owner.
- b. No more than 50 persons may be on the property for the event and no more than the normal occupancy limit may be in the property at all other times.
- c. The event must take place outside the home.
- d. A $1000.00 security deposit is required. This security deposit is usually refundable within 45 days from the departure date.
- e. Additional maid service may be required and must be arranged in advance
- f. A four night minimum stay is required
If it is discovered that a wedding or other similar event is or has occurred while under this lease agreement, and on which no event fee was paid, the tenant shall be required to pay such fee and also pay a penalty of $250.00 for such infraction. Failure to comply will result in Expedited Eviction as prescribed in NCGS 42A-23.

K. DISBURSMENT OF FUNDS – By the signature as set forth on this document, whether electronic or manually, tenant expressly authorizes OIA within three days following receipt, to deposit all funds paid in advance into an interest bearing trust account in OIA’s name at the Oak Island Branch of Branch Banking and Trust Company (“BB&T”), located at 8905 E. Oak Island Drive, Oak Island, NC 28465. Fifty percent of the rent paid may be disbursed to the owner and the agency when received. Any remaining funds will be disbursed upon completion of the tenancy. A full accounting will be made of the security deposit (if any) and all advance payments upon making a reasonable request for it prior to the occupancy of the property. Upon receipt of the advanced rent provided herein, OIA as Agent, on behalf of the Owner, rents the property identified in this document to the tenant subject to the terms hereof.

L. DISCLOSURES AND LIABILITIES – The tenant is liable for any sales, use and/or occupancy tax applicable at the time of commencement of the tenancy. No tenant shall in any way alter the property without prior consent from rental agency, i.e. window air conditioners, hot tubs, moving of furniture etc. If the property is found to have been altered, tenant will be liable for necessary charges. This agreement shall not be binding unless and until OIA has received one-half of the gross rental amount and all checks have cleared the bank. Tenant acknowledges that possession of the property will not occur until the full rental amount set forth herein has been paid including taxes and additional charges.

M. GOVERNING VENUE – This agreement shall be treated as though it was executed in the County of Brunswick, State of North Carolina, and were to have been performed in the County of Brunswick, State of North Carolina. Any action relating to this agreement shall only be instituted and prosecuted in the courts of Brunswick County North Carolina. Tenant and all members of the tenant’s party specifically consent to such jurisdiction and to extraterritorial service of process.

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