Vacation rental agreement

Vacation 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 BEFORE 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.

Maison By The Sea, Short Name “(MBTS)”: 638 S 4Th Avenue, Kure Beach NC 28449

1. Payment Reservation:

The total payment is due and required at the time of booking; if paying by credit card and Tenant, guest submits a debit card for payment or authorization (he, she, they) does so at his own risk, MBTS will not be held liable for any fees charged to guest by their bank for any reason whatsoever including MBTS processing errors. Rates are subject to change without notice. Additional fees and taxes may apply directly or through Third-Party booking sites. Tenant/guest agrees that all advance payments, including Security Deposits, will be deposited in an interest-bearing FDIC-insured trust account Located at Southern Bank, 3201 Glenwood Ave Suite 101, Raleigh, NC 27612, and that any interest thereon shall accrue for the benefit of, and shall be paid to, the owner (or as the owner directs) as it accrues and as often as is permitted by the terms of the account.

2. Security Deposit:

A security deposit may be required and will be stated at the time of booking or if your occupancy requires one to be approved by the owner. If a security deposit is required, it may be applied to actual damages caused by the Tenant as permitted under the Tenant Security Deposit Act. In addition, MBTS may deduct from the Security Deposit the amount of any charges and cable television charges not explicitly described in this Agreement (including any addendum hereto) as being included with the Premises. MBTS shall apply, account for, or refund the Tenant’s Security Deposit within 45 days following the end of the tenancy. Tenant understands and agrees that they are responsible for any damages to the Premises during the period of tenancy and that they will be charged for said damages, including reasonable attorney’s fees, unauthorized utility charges, unpaid rent, extra cleaning charges, fees assessed for any unauthorized pet &/or fumigation fees, unwarranted service calls, or/and expenses incurred by the owner, and that these charges will be charged to the credit card on file. This Security Deposit does not preclude any legal /criminal processes and any costs incurred to recover funds necessary to repair or replace property valued over the Security Deposit amount.

3. Tenant, Guest Duties:

Tenant, guest agrees to comply with all obligations imposed by the Vacation Rental Act on Tenant concerning maintenance of the Premises, including but not limited to keeping the premises as clean and safe as the conditions of the Premises permit and causing no unsafe or unsanitary conditions in the common areas and remainder of the Premises that Tenant uses; and notifying Agent in writing of the need of replacement of or repairs to a smoke detector, and replacing the batteries as needed during the tenancy. Tenant and guest agree that the property will only be used for residential purposes and agree not to use the premises for any activity or purpose that violates any criminal law or governmental regulation. Tenant’s breach of any duty contained in this paragraph shall be considered material and result in the termination of Tenant’s/guest’s tenancy. Tenants and guests are solely responsible for the actions and safety of their guests/children and will be residing on the premises for the entire stay. By accepting this rental Agreement, the Tenant agrees to these terms.

4. Owner Duties:

The owner agrees to provide the Premises in a fit and habitable condition. Suppose at the time Tenant is to begin occupancy of the Premises. In that case, the owner cannot provide the Premise in a fit and habitable condition or substitute a reasonably comparable property in such condition, and the owner shall refund to the Tenant all payments made by the Tenant and the guest. Owner SHALL CONDUCT ALL BROKERAGE ACTIVITIES regarding THE AGREEMENT WITHOUT RESPECT TO THE RACE, COLOR, RELIGION, SEX, NATIONAL ORIGIN, HANDICAP, OR FAMILIAL STATUS OF ANY TENANT OR GUEST.

5. Cancellation:

In the event of a cancellation by Tenant or Guest within 30 days, will not receive a refund of payments made by Tenant or Guest, only in the event of if the Premises are re-rented on the terms set forth herein. If the Premises are not re-rented on the terms set forth herein, Tenant, Guest will not be entitled to refund any payment made here under. If the Property is Rented at a Discounted Rate, a Refund will be based on the Discounted Rent. Tenant, Guest rather than Owner, shall be responsible for seeking reimbursement of any fees paid by Tenant to Owner for goods, services, or benefits procured by the owner from third parties for the benefit of Tenant that may have been paid out before Tenant’s cancellation. X______ Guest Initials I have read and understand the Terms of Cancellation Page 2 of 3

6. Transfer of Premises:

(1) If the owner voluntarily transfers the Premises, Tenant has the right to enforce this Agreement against the grantee of the Premises if Tenant’s occupancy under this Agreement is to end 180 days or less after the grantee’s interest in the Premises is recorded. If Tenant’s occupancy is to end more than 180 days after such recordation, 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, the Tenant is entitled to refund all advance rent paid by the Tenant (and other fees owed to third parties not already lawfully disbursed). Within ten days after transfer of the Premises, the grantee or the grantee’s Agent is required to (i) notify Tenant in writing of the transfer of the Premises, 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 Premises subject to the terms of this Agreement or receive a refund of any payments made by Tenant. (2) Upon termination of the owner’s interest in the Premises, whether by sale, assignment, death, the 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 recordation of the interest of the owner’s successor-in-interest in the Premises, 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.

7. Mandatory Evacuation:

If state or local authorities order a mandatory evacuation of an area that includes the Premises, Tenant/Guest shall comply with the order. Upon compliance, the Tenant/Guest will be entitled to a refund of the prorated rent for each night that the Tenant cannot occupy the Premises because of the order. However, Tenant will not be entitled to a refund if, before taking possession of the Premises: (i) Tenant refused insurance offered by MBTS or Tenant, guest purchased insurance from a third-party company directly that would have compensated Tenant for losses or damages resulting from loss of use of the Premises due to a mandatory evacuation order. NO REFUNDS WILL BE GIVEN IN THE EVENT OF UNFORESEEABLE CANCELLATIONS, INCLUDING HURRICANE-MANDATORY EVACUATIONS. If you CHOOSE to leave during a VOLUNTARY EVACUATION, there will be NO REFUND

8. Travel Insurance/Taxes:

If you choose to purchase travel insurance, “optional.” You must initial it were indicated on the contract. Trip Cancellation & Travel Insurance is available for 7.5% OR 10% for any reason cancellation (MUST be bought when making your reservation) of the total reservation cost, including all applicable fees and taxes. Taxes – Required (13.00%) North Carolina sales & use tax (7%). New Hanover County occupancy tax (6%). A total of 13.00% tax will be added to the cost of the reservation, including other fees, such as the reservation fee, cleaning fee, damage insurance fee, and other fee not listed.

9. Occupancy, Expedited Eviction:

MAXIMUM OCCUPANCY is STRICTLY enforced. MBTS is a rental home for family vacation only, no sororities, fraternities, prom groups, etc. exceeding occupancy of (11 Guest including children’s), misrepresentation or subletting are grounds for eviction, reservation holder is required to be an adult over the age of 25. For groups of unrelated individuals, defined as groups of individuals that do not reside in the same primary residence, all guests must be over 30. Suppose a group needs to meet the above requirement. In that case, it shall be the responsibility of the Tenant to seek approval by submitting a written request before booking a reservation to the owner for approval. All occupants’ Photo identification must be promptly provided to the Agent or Owner. A substantial security deposit and rent increase may be required if the request is approved. If the tenancy created hereunder is for 30 days or less, the expedited eviction procedures outlined 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 the Agreement; or (iv) has obtained possession of the Premises by fraud or misrepresentation.

10. Indemnification and Hold Harmless; Right of Entry; Assignment.

Tenant/ Guest 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) 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 respective representatives may enter the Premises during reasonable hours to inspect the Premises, to make such repairs, alterations, or improvements to that as Agent or owner may deem appropriate, or to show the Premises to prospective purchasers or tenants. Tenant shall not assign this Agreement or sublet the premises in whole or part without written permission of the owner.

11. Pets: 

No pets shall be allowed on the Premises. Pet visitors are not permitted to visit the property for any reason. If a pet is discovered or without advance notice at a “Pet Not Allowed,” there will be a $400 Fee per pet. The pet must be removed, and your occupancy may be canceled with no refund given. Tenant’s breach of this provision shall be considered material and result in the termination of Tenant’s tenancy, loss of all payments made, and loss of Security Deposit.

12. Other Terms and Conditions:

TENANT/GUEST NAMED ON LEASE UNDER THE AGE OF 25 WILL BE DENIED OCCUPANCY, ALL PAYMENTS WILL BE FORFEITED, OWNER HELD HARMLESS. THE OWNER WILL OFFER THE PROPERTY FOR RENTAL. IF RE-RENTED, CANCELLATION TERMS WILL APPLY. IF THE PROPERTY IS NOT RE-RENTED, ALL PAYMENTS MADE BY UNDERAGE TENANTS WILL BE FORFEITED. Occupants: Children must be counted within the maximum occupancy unless they are under two (2) and sleeping in a crib. MAXIMUM (11) OF PERSONS ALLOWED IN OR ON THE PROPERTY AT ANY TIME IS LIMITED TO THE (11) OF GUESTS STATED ON RENTAL CONTRACT. GUESTS ARE NOT PERMITTED IN OR ON PROPERTY AT ANY TIME. EVENTS, HOUSE PARTIES, WEDDINGS, RECEPTIONS, AND GROUPS OF ANY KIND ARE NOT PERMITTED. THE TENANT’S BREACH OF THIS PROVISION SHALL RESULT IN THE IMMEDIATE TERMINATION OF THE TENANT’S TENANCY BY EXPEDITED EVICTION.

13. Construction/Beach Nourishment Construction 

is throughout Pleasure Island. We have no control over when and where construction occurs. No refunds or transfers will be made. Beach Nourishment may be active during your stay, affecting your access to and enjoyment of the beach. It is not possible to predict schedules, as these are developed by the town and contractor and are weather-dependent. No refunds can be given.

14. WASTE MANAGEMENT:

Please ensure your trash is taken to the street before the trash days of pickup. This information can be found in the Guest Book. Failure to remove trash and place the receptacles on the street can cause a back-up of waste. If we must call for a particular trash pickup before the next Tenant’s arrival, we will charge your card on file $100 plus tax for the service call. If you have more waste than can fit in the bins provided, you must notify MBTS at least 24 hours before departure to avoid the risk of charges or dispose of it another way. 

15. CHECK-IN / CHECK-OUT PROCEDURES:

Check-in time at MBTS is 5:00 pm, Check-out time is 10:00 am and is strictly enforced. Flexible arrivals and departures may be prescheduled and paid for in advance, providing guaranteed access 2 hours beyond the standard arrival or departure time. This option may not be available in all seasons, for all reservations, or specific Months. Suppose it is discovered that you have entered the rental house MBTS, parked in the driveway, or are utilizing the premises in advance of your check-in. In that case, you may be charged an unauthorized early check-in fee of up to 1 night’s rent, which can delay or prevent our ability to prepare the home for your arrival. Occasionally, check-in time may be delayed (due to unforeseen circumstances such as cleaning delays or maintenance issues). If you experience a delay in accessing your vacation rental home, please notify MBTS. 

Failure to follow the procedures below when leaving the property may result in an excessive cleaning fee or additional charges.

1-Wash, clean, and put away all dishes;

2- Remove all items from the refrigerator.

3- Remove all trash and place in the trash carts provided.

4- Check all closets and drawers for personal items and remove them; MBTS is not responsible for personal items left in the unit after a tenancy.

5- Check all windows and doors to ensure that they are locked.

Addenda: Any addenda to this Agreement are described in the following space and attached. SEE Addendum (1): GUEST HOUSE RULES INSTRUCTIONS Addendum Tenant/Guest agrees that Tenant has received and read any such addenda and that they shall constitute an integral part of this Agreement.

16. SMOKING/VAPING IN UNITS:

MBTS are non-smoking and non-vaping. Smoking is not allowed anywhere on the property, including exterior structures such as decks, garages, and carports. If, during the inspection, it is detected that smoking has occurred in or on the property, you may be charged for excess cleaning, carpet and upholstery cleaning, deodorization, drapery cleaning, waste removal, etc. This cost may range from $500-$1500, depending on the size of the damage. NO SMOKING IN UNIT…SMOKING IN THE UNIT VIOLATES THE LEASE AND WILL RESULT IN REMEDIATION PROCEDURES. Smoking in the unit is considered Willful Conduct, which violates the lease and will result in remediation procedures to be paid by tenant security deposit funds or charged to their credit card.

17. PROPERTY ACCESS/PARKING/ SECURITY CAMERAS:

Access codes will be given once your reservation is paid in full and we have a signed Rental Agreement. If a delay in signing or payment on the Tenant’s side impacts occupancy, it will not affect the rent, taxes, or any other fees owed, but it may prevent access to the property. Any tickets, fines, towing expenses, or penalties associated with parking infractions or off-site storage of unpermitted vehicles/vessels will be the responsibility of the tenant/guest. The property is equipped with security cameras that allow us to see the outside of the property. No cameras are indoors, and there are NO cameras inside the home for your privacy. 

18. MAINTENANCE:

All equipment should adequately work, but you should promptly report anything inoperative. After-hours repairs will be limited to emergency situations only. The Tenant agrees that the Agent or vendors assigned by the owner may enter the property for necessary maintenance, repairs, assessments, or inspection with reasonable notification. All efforts will be made to expedite repairs, but no refunds will be made. Guests may be charged for unwarranted service calls.

19. TV / Internet:

Internet service is provided in MBTS and is considered an amenity. However, like the internet company, speeds are not guaranteed. Occasionally, service is interrupted, or quality is degraded, and many times of service. All efforts will be made to restore the service as soon as possible, but there is no refund if your service is unavailable, and it is not considered an after-hours emergency. There is an extensive range of internet services, and they may range from basic broadband to fiber.

20. Firepit / Gas Stove/ Outdoor Grilling safety rules:

Outside backyard gas/charcoal Grills are not allowed. Fire pit not allowed during windy conditions. Cooking is not permitted in the firepit; before building a fire, make sure an adult experience, make sure children must maintain a 3-foot perimeter around a fire pit, do not head inside, don’t leave the fire pit unattended, avoid overloading the fire pit with fuel, too many logs can lead to bonfire-size flames. Please make sure the range in the kitchen is off when you are done using the gas stove. Double-check that all knobs are entirely off before leaving the stove area and leaving the home. Despite taking all safety precautions, accidents can — and do — occur. MBTS owner is not liable from and against any liability for personal injury. First aid kit & fire extinguisher are available for emergencies in the garage and on the second floor under the sink cabinet if needed.  

21. Elevator Rules:

The elevator is for handicap use only. No one under 18 is permitted to use the elevator without adult supervision.

22. By signing this Agreement, the guest, tenant acknowledges that he, she or they has reviewed and accepted the six pages of the Agreement, four pages of the Guest Rules Instructions, Authorization to process the Check account, and policies posted on the Maison by The Sea website.

23. GOVERNING LAW; VENUE: The parties agree that this Agreement shall be governed by and construed according to the laws of the State of North Carolina and that in the event of a dispute, any legal action may only be instituted in the county where the property is located.

Guest Name (Please Print) ______________________________________ Maison by The Sea by, Raleigh Restaurant Equipment, inc.

Guest Signature (must be the person listed on the Agreement) BY: ________________ ______________________________ date: ___________________________