Outer Beaches Vacation Rental Agreement
The following is a current copy of our Outer Beaches Vacation Rental Agreement for visitors who are staying on Hatteras Island.
In consideration of the rent received and the mutual promises contained herein, Owner of the Rental Property, through Outer Beaches Realty, Inc. (OBR), his Agent, does hereby lease and rent to Guest such Rental Property under the following terms and conditions in addition to the Policies and Procedures set forth on the Outer Beaches Realty website, www.outerbeaches.com:
- Guest hereby certifies that he has reviewed the Outer Beaches Realty website, www.outerbeaches.com, which includes OBR policies, which are a part of this Agreement. Information relative to the Vacation Rental Act can be found on our website. In the event of discrepancies on policies, website prevails. A copy of the Vacation Rental Act (North Carolina General Statute 42A) is available on the OBR website at www.outerbeaches.com. Guest further agrees to abide by all the rules and regulations contained therein related to rental of the Rental Property. Guest’s obligations include, but are not limited to keeping the Premises as clean and safe as the condition of the Premises permit and causing no unsafe or unsanitary conditions in the common area and remainder of the Premises that Guest uses; and will notify OBR in writing of the need of replacement of or repairs to a smoke detector, and replacement batteries as needed during occupancy. Guest agrees not to use the Premises for any commercial activity or purpose that violates any criminal law or governmental regulation. Guest’s breach of any duty contained in this paragraph shall be considered material, and shall result in the termination of Guest’s occupancy with no refund of any kind.
- THIS AGREEMENT MUST BE SIGNED OR E-SIGNED ON OBR’S GUESTWEB AND SUBMITTED WITHIN 48 HOURS of the date of this Agreement. If this Agreement is not returned within 48 hours, Guest’s reservation may be cancelled at the sole option of OBR. Guest understands and agrees that up to 50% of payments paid by Guest in advance of taking possession of the Premises will be disbursed to Owner, OBR, or third parties shortly after its receipt by OBR. Guest does hereby expressly agree and consent to disbursement of the advance rental payment. ALL MONIES PAID MAY BE DEPOSITED IN AN INTEREST-BEARING ACCOUNT WITH ALL PROCEEDS OF SUCH INTEREST PAYABLE TO OBR. ALL MONIES RECEIVED BY OBR PURSUANT TO THIS AGREEMENT SHALL BE DEPOSITED IN A TRUST ACCOUNT MAINTAINED BY TOWNEBANK, 2 JUNIPER TRAIL, SOUTHERN SHORES, NORTH CAROLINA UNTIL DISBURSED IN ACCORDANCE WITH THIS AGREEMENT.
- In the event Guest wishes to terminate this Agreement and such Rental Property is not re-rented for the same period of time, 50% of the total rental amount shall be forfeited if cancellation is made more than 30 days in advance of the arrival date. If cancellation is within 30 days of the arrival date, 100% of the total rental amount shall be forfeited. If re-rented for the FULL amount, all payments less Travel Insurance and Cancellation Fee of $200 will be returned to Guest. Please Note: A change of rental dates for the same cottage during the current calendar year, or for a reservation made under the Layaway Vacation Program, is considered a cancellation.
- The remaining balance, after advance rental payment, must be paid prior to 30 days in advance of the reservation by personal check, personal check by electronic funds transfer, money order, cashier’s check, or credit card, or this Agreement may be cancelled, without refund at the sole option of OBR. Returned checks shall incur an additional service charge of $25.00. Any balance for reservations made within 30 days of the beginning of tenancy must be paid by money order, cashier’s check, traveler’s check, personal check by electronic funds transfer, credit card or cash. Payments may be made by phone or OBR website. All policies contained in this Agreement shall apply equally to payments made by credit card. Any refunds due to Guest from a credit card payment will be refunded by credit card transaction.
- If the Rental Property permits pets, Guest agrees to have not more than one housebroken dog or cat without the express prior approval of OBR and Owner. Guest is responsible for cleaning the area around Rental Property of all pet excretions. Guest agrees to pay a non-refundable Pet Fee, as described in OBR’s current year rental brochure and on the OBR website. Any material damage by pet to the Rental Property will be the responsibility of Guest and shall be paid immediately upon written notification by OBR. Any undeclared pet(s) found in or about a NO PET cottage is grounds for expedited eviction and forfeiture of all monies paid and a non-declared pet charge of $200.00 per pet per week or any portion thereof at OBR’s sole option. Additional fees may apply to return the home to the pre-pet condition. The Accidental Damage Program (as defined below in #7) does not cover damage by pets.
- In no event shall the Rental Property be occupied by more persons than the capacity of subject property. Unless otherwise noted in the cottage description, OBR follows the Dare County Health Department regulations, which assume an occupancy of two persons per bedroom. Bedding is listed only to accommodate flexibility in sleeping arrangements and not to represent occupancy limits. Guest must be at least 22 years old and only family groups are to occupy the Rental Property as required by Owner. No fraternities, school, civic or other non-family groups are allowed unless Owner grants prior approval. Weddings, wedding receptions and group events may not be held in any home without prior approval. In no event shall Guest assign or sublet the Rental Property in whole or in part. Violations of these rules are grounds for expedited eviction with no refund of any kind. Guest hereby acknowledges and grants specific permission to OBR to enter Premises at any time for inspection purposes should OBR reasonably believe that Guest is causing or has caused any damage to the Rental Property. Guest further agrees to grant OBR access to Rental Property for purposes of maintenance and repair. If the cottage is listed “For Sale”, Guest agrees to grant OBR access by scheduled appointment upon 24-hour notification.
- Accidental Damage Program (ADP): Included with your rent is our Accidental Damage Program (ADP). Outer Beaches does NOT require a separate security deposit or a security deposit waiver fee in addition to the rent. Under ADP you will not be required to pay for accidental damage to the home or the personal property of the Owner contained within the Premises, up to a limit of $1,500 per reservation. Outer Beaches has undertaken this obligation as a part of our Property Management Agreement with the Owner. Damages exceeding $1,500 will be the responsibility of the Tenant. Under no circumstances does ADP release a Tenant or any member or guest of their party from obligations imposed by the North Carolina Vacation Rental Act with respect to maintaining the Premises, including but not limited to, the following: (a) keep the Premises as clean and safe as the condition of the Premises permit, and cause no unsafe or unsanitary conditions in the common areas and remainder of the Premises that You use; (b) dispose of all ashes, rubbish, garbage, and other waste in a clean and safe manner; (c) keep all plumbing fixtures in the Premises or used by the Tenant in working condition and as clean as their condition permits; (d) not deliberately destroy or negligently destroy, deface, damage, or remove any part of the Premises or render inoperable the smoke detector provided by the Owner, or knowingly permit any person to do so; (e) comply with all obligations imposed upon the Tenant by current applicable building and housing codes; (f) be responsible for all damage, defacement, or removal of any property inside the Premises that is in Your exclusive control unless the damage, defacement, or removal was due to ordinary wear and tear, acts of the Owner or the Owner’s Agent, defective products supplied or repairs made by the Owner, acts of third parties not invitees of the Tenant, or natural forces and; (g) notify the Agent in writing of the need for replacement and of repairs during the tenancy which continued presence or use would jeopardize the safety of Tenants and Guests or harm the Premises including repairs to the smoke detectors or replacing the batteries as needed. You agree not to use the Premises for any activity or purpose that violates any criminal law or governmental regulation. Your breach of any duty contained in this paragraph after commencement of tenancy shall be considered material, and shall result in the termination of Your tenancy with NO REFUND OF RENT. Exclusions within the ADP specifically limit OBR’s obligation to repair/replace and does not cover or release the Tenant from liability for damage due to the following: 1) intentional, willful, reckless, or malicious acts of the Tenant or others on the Premises during the tenancy; 2) damage by pets; 3) theft from the Premises of either the Owner’s property or property belonging to the Tenant; 4) gross negligence of Tenant or intentional misuse of furnishings, appliances, equipment, or other amenities provided with the home; 5) damage caused while under the influence of alcohol or drugs; 6) damages to real property, furnishings, or any vehicles resulting from operation of a motorized vehicle by a Tenant; 7) damages related to smoking in “NO Smoking” homes; 8) damage caused by henna dye and self-tanning products. ADP is limited to tenancies of 30 days or less. The conditions of the ADP provided to the Tenant shall extend to all members of the Tenant’s party and guests of the Tenant. In order to not be charged for incidents described under the ADP all damages must be reported to Outer Beaches Realty before check-out. ADP is not available for non-family or large groups such as weddings, reunions, corporate retreats, etc. Representatives of Outer Beaches Realty have the ultimate authority to determine the nature and extent of damages, necessary repairs and eligibility for ADP. The Accidental Damage Program DOES NOT cover damage caused by pets.
- No refunds will be provided due to inoperable air conditioners, appliances, pools, hot tubs, elevators, etc. in Rental Property although OBR will make every reasonable effort to ensure that such appliances will be and remain in good working order. Additionally, there will be no refunds for service outages for cable, satellite, Internet or telephone. Also, no refunds will be given due to power blackouts, water shortage, flooding, construction at adjacent properties, or mandatory evacuation of the area by Dare County officials due to hurricanes or other potentially dangerous situations. OBR cannot guarantee that homes that are not Pet Friendly have never had pets in them.
- Mandatory Evacuation: If State or local authorities order a mandatory evacuation of an area that includes the Premises, Tenant shall comply with the order. Upon compliance, Tenant will be entitled to a refund of the prorated rent for each night that Tenant is unable to occupy the Premises because of the order. However, Tenant will not be entitled to a refund if, prior to taking possession of the Premises: (i) Tenant refused insurance offered by Agent that would have compensated Tenant for losses or damages resulting from loss of use of the Premises due to a mandatory evacuation order, or (ii) Tenant purchased such insurance from Agent. For further details, reference North Carolina General Statute 42A-36.
- Guest acknowledges that Travel Protection Insurance has been offered and if accepted, the non-refundable premium is due with initial payment. Guest is not entitled to any claim against OBR or Owner arising out of Guest’s inability to complete his/her vacation plans for any reason outside of the control of OBR or Owner. In accordance with industry customs, OBR is compensated through commissions that are calculated as a percentage of the insurance premiums charged by insurers.
- No long-distance calls are to be charged to the phone number of the telephone located within the Rental Property unless advertised as included with the rent. All such charges discovered plus a $20.00 service fee will be charged to and due immediately from Guest upon written notification from OBR. A $10.00 processing fee will be added to the cost of shipping for Lost and Found items that OBR returns to Guest. Items found and not claimed within 30 days will be disposed of at the discretion of OBR.
- HOT TUBS/POOLS: If a hot tub or pool is provided at the Rental Property, it will be prepared and tested for proper and safe chemical levels by a Certified Pool and Spa Operator, prior to or on the day of occupancy. If any of the following conditions exist at any time during your occupancy, call OBR immediately and discontinue use until OBR has serviced the hot tub or pool and notified Guest it is safe for use: (a) water clarity is milky or bottom of hot tub/pool is not visible; (b) foam forms on surface when using jets; (c) misuse of hot tub/pool by spilling foreign substances (a Service Call Charge applies in this instance). Under no circumstances are pets allowed in pools or hot tubs. Violation of this provision shall be grounds for expedited eviction. Community pools and the OBR pool are subject to availability as determined by the managing authority responsible for the care of the pool (schedule is published on the OBR website). Unless noted specifically in the OBR brochure or website, pools do not include free heat. HEAT MAY BE AVAILABLE AT AN ADDITIONAL EXPENSE FOR SOME POOLS. Once pool heat has been turned on, in the absence of mechanical failure, no monies will be refunded due to customer request. Water temperature in heated pools will depend on air temperature and wind conditions.
- LINENS/TOWELS: If linens and/or towels are rented from OBR or supplied with Rental Property, Guest is responsible for lost or damaged items at a cost of three (3) times the published standard rental price for such damaged/lost linens/towels. This will include damage caused by henna dye and self-tanning products.
- Guest acknowledges that Owner of Rental Property may be a licensed real estate agent.
- In the event Owner is unable to make Rental Property available for any reason other than as described in this Agreement or a reasonable substitute as determined by OBR, Guest hereby agrees that Owner’s and OBR’s sole liability as a result of this unavailability is to provide a full refund of all monies paid under this Agreement and Guest expressly acknowledges that in no event shall Owner or OBR be held liable for any special or consequential damages which result from this unavailability. Guest also agrees to indemnify Owner and OBR from and against liability for injury to Guest or any other person occupying Rental Property resulting from any cause whatsoever including, but not limited to, injury sustained as a result of use of the home, spa, hot tub, sauna, whirlpool tub, pool, exercise equipment, elevator, baby equipment, etc. except only such as a personal injury caused by the grossly negligent or intentional acts of Owner or OBR.
- OBR may terminate this Agreement upon the breach of any of the terms hereof by Guest. Guest shall not be entitled to the return of any rental paid under the terms of this Agreement and shall vacate the Property immediately.
- This Agreement shall be enforced under the laws of the State of North Carolina, including the NC VACATION RENTAL ACT, and represents the entire Agreement. Any amendments must be in writing and signed by both parties. In the event of a dispute, legal action may only be instituted in the County within which the Rental Property is located. If any part of this Agreement shall be deemed unenforceable by law, that part shall be omitted from this Agreement without affecting the remaining Agreement. OBR shall conduct all brokerage activities in regard to this Agreement without respect to the race, color, religion, sex, national origin, handicap, or familial status of any Guest.
- Except as provided in North Carolina General Statute 42A-36, if, at the time the tenant is to begin occupancy of the property, the landlord or real estate broker cannot provide the property in a fit and habitable condition or substitute a reasonably comparable property in such condition, the landlord and real estate broker shall refund to the tenant all payments made by the tenant.
- Outer Beaches reserves the right under North Carolina General Statute 42A-24 to commence expedited eviction procedures. The following are grounds for eviction. (1) Holds over possession after his or her tenancy has expired. (2) Has committed a material breach of the terms of the vacation rental agreement that, according to the terms of the agreement, results in the termination of his or her tenancy. (3) Fails to pay rent as required by the agreement. (4) Has obtained possession of the property by fraud or misrepresentation.
- Landlords, real estate brokers, and tenants have rights and obligations upon the transfer of a property subject to a vacation rental agreement under North Carolina General Statute 42A-19.
- This agreement is subject to all other obligations of the landlord and tenant as defined in North Carolina General Statute 42A. (1999-420, s. 1; 2012-17, s. 5.)