SHOREWOOD REAL ESTATE, INC.
VACATION RENTAL AGREEMENT (rev. 11/27/18)
1) Disbursement of Rent and Third Party Fees: Tenant authorizes Agent to disburse up to fifty percent (50%) of the total rent, as permitted by section 42A-16 of the Vacation Rental Act, to the owner (or as the owner directs) prior to Tenant’s occupancy of the Premises, and the balance of the rent upon the commencement of the tenancy. Tenant also authorizes Agent to disburse prior to Tenant’s occupancy of the Premises any fees owed to third parties to pay for any goods, services,or benefits procured by Agent for the benefit of Tenant, including but not limited to any fees set forth herein payable to Agent for reservation, transfer or cancellation of Tenant’s tenancy. Tenant agrees to pay a $25.00 processing fee for any check of Tenant that may be returned by the financial institution. Agent receives compensation from the providers (CSA & MDM Group) of the travel insurance and VRPP plans. Agent receives compensation from linen and beach gear rentals.
2) Security Deposit. Any security deposit provided may be applied to actual damages caused by Tenant as permitted under the Tenant Security Deposit Act. In addition, Agent may deduct from the security deposit, or charge to the credit card on file if there is no security deposit on file, the amount of any unpaid long distance or per call telephone charges and cable television charges that are not specifically described in this Agreement (including any addendum hereto) as being included with the Premises. Agent shall apply, account for, or refund tenant’s security deposit within 45 days following the end of the tenancy. An optional Vacation Rental Property Protection Plan may be available to you. If so, you can add the cost for the plan into the charges as per this agreement. The Vacation Rental Property Protection Plan (VRPP) protects you from theft or damage which results from your inadvertent acts or omissions within the unit. Payment for the VRPP Plan will not be accepted after you have checked-in for the beginning of your stay. The VRPP Plan does not cover negligent or willful and wanton conduct. You must notify the management company of any damage or theft to the unit during your occupancy, or this plan is VOID. For a full description of the plan please refer to the Evidence of Coverage. If you do not receive an Evidence of Coverage upon purchase of the plan, contact Shorewood Real Estate for a copy.
3) Trust Account. Any advance payment made by Tenant shall be deposited in a trust account with Bank of America, 620 W. Corbett Ave., Swansboro, NC. Tenant agrees that any advance payment may be deposited in an interest-bearing trust account 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.
4)Tenant Duties. Tenant agrees to comply with all obligations imposed by the Vacation Rental Act on Tenant with respect to maintenance of the Premises, including but not limited to keeping the Premises as clean and safe as the conditions of the Premises permits 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 agrees 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 shall result in the termination of Tenant’s tenancy.
5) Agent Duties. Agent agrees to provide the Premises in a fit and habitable condition. If at the time Tenant is to begin occupancy of the Premises, Agent cannot provide the Premises in a fit and habitable condition or substitute a reasonably comparable property in such condition, Agent shall refund to Tenant all payments made by Tenant. Agent shall conduct all brokerage activities in regards to this Agreement without respect to the race, color, religion, sex, national origin, handicap or familial status of any Tenant.
6) Cancellation/Transfer. All cancellations of changes must be in writing. In the event of a cancellation by Tenant, Tenant shall receive a refund of all payments made by Tenant, less an administrative fee of $100.00, if the Premises are re-rented on the terms set forth herein. The CSA Travel Insurance premium is non-refundable. If the Premises are not re-rented on the terms set forth herein, Tenant will not be entitled to a refund of any rent payment made here under whether or not the Premises are re-rented, Tenant rather than Agent, shall be responsible for seeking reimbursement of any fees paid by Tenant to Agent for goods, services, or benefits procured by Agent from third parties for the benefit of Tenant that may have been paid out prior to Tenant’s cancellation. Transfer requests should be made at least 60 days prior to arrival. Transfers only granted within the same property and season stated on this Agreement. Transfer fee is $50.00.
6.a) Online Quotations and Bookings. Our online price estimates and quotations are offered without obligation. Shorewood Real Estate cannot be held responsible for faults, omissions, or miscalculations in price quotations by third parties. We reserve the right to correct miscalculations if such corrections are the result of omissions or miscalculations by third parties.
7) 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,Tenant is entitled to a refund of all advance rent paid by Tenant (and other fees owed to third parties not already lawfully disbursed). Within 20 days after transfer of 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 payment made by Tenant.
(2) Upon termination of the owner’s interest in the Premises, whether by sale, assignment, death, 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.
(3) If the owner’s interest in the Premises is involuntarily transferred prior to Tenant’s occupancy of the Premises, the owner is required to refund to Tenant all advance rent paid by Tenant and other fees owed to third parties not already lawfully disbursed) within 60 days after the transfer.
8) 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 through the Travel Interruption Plan (CSA)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.
9) Expedited Eviction. If the tenancy created here under is for 30 days or less, the expedited eviction procedures set forth in the Vacation Rental Act will apply. Tenant may be evicted under such procedures if Tenant: (i) holds 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 term would result in the termination of Tenant’s tenancy; (iii) fails to pay rent as required by this Agreement; or (iv) has obtained possession of the Premises by fraud or misrepresentation. (NO HOUSE PARTIES. COLLEGE OR TEEN GROUPS.)
9.a) Pets. Unless otherwise specifically permitted in this Agreement (including any addendum hereto), no pets shall be allowed on the Premises. Tenant’s breach of this provision shall be considered material, and shall result in the termination of Tenant’s tenancy and a $500 unauthorized pet fee charged to the credit card on file.
9.b) No Smoking. Tenant, or Tenant’s family or guests shall not smoke on the Premises. This includes smoking cigarettes, cigars, pipes or any other smoking device. Tenant’s breach of this provision shall be considered material, and shall result in a charge of $500 to the credit card on file and the termination of Tenant’s tenancy.
10)Indemnification and Hold Harmless; Right of Entry; Assignment. Tenant agrees to indemnify and hold harmless Agent and the owner from and against any liability for personal injury or property 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 of their respective representatives may enter the Premises during reasonable hours to inspect the Premises, to make such repairs, alterations improvements thereto as Agent or owner may deem appropriate, or to show the Premises to prospective purchasers or tenants. Tenant shall not assign this Agreement to sublet the Premises in whole or part without written permission of Agent.
11) Other terms and Conditions. IN WITNESS THEREOF: This Agreement is executed in two counterparts with an executed counterpart being retained by each party hereto. NOTICE: This is a legally binding contract. If not understood, seek competent advice. A NC Real Estate Licensee may own the subject property. This Agreement shall be governed by and interpreted in accordance with the law of the State of North Carolina. This Agreement shall be treated as though it was executed in the County of Carteret, State of North Carolina, and was to have been performed in the County of Carteret, State of North Carolina. Any action relating to this Agreement shall be instituted and prosecuted in courts in North Carolina. Customer/Tenant specifically consent to such jurisdiction and to service of process. Amendments to this Agreement must be in writing and signed by all parties. This Agreement represents the entire Agreement of the parties, and there are no misrepresentations, inducements or other provisions other than those contained in the Agreement.
12) Addenda. Any addenda to this Agreement are described in the following space and attached hereto " Shorewood Real Estate, Inc. Policies and Procedures” Tenant agrees that Tenant has received and read any such addenda, and that they shall constitute an integral part of this Agreement.
SHOREWOOD REAL ESTATE, INC.
POLICIES AND PROCEDURES
(ADDENDA TO VACATION RENTAL AGREEMENT) (rev. 11/27/18)
***Our vacation rental properties are individually owned and reflect each owner’s tastes. We cannot make substitutions or provide refunds upon your arrival. ***
CHECK OUT PROCEDURES:
FAILURE TO COMPLY WITH THE CHECK-OUT PROCEDURES WILL RESULT IN A MINIMUM $75 FEE TO THE CREDIT CARD ON FILE.
- Wash all dishes and put back in cabinets.
- Remove all food from cabinets and the refrigerator/freezer.
- Make sure all furniture and furnishings are in original locations.
- Remove ALL trash from the property and place outside in the receptacles.
- Lock all exterior windows and doors. Make sure all appliances are off.
- Check closets, bathrooms, under beds and other furniture prior to leaving.
- If you rented linens, please remove from beds and put linens and towels in the bag provided. Leave by the front door.
RETURN ALL keys and gate cards/swim tags/car ID tags to Shorewood Real Estate.
CHARGES for lost items listed above are as follows and will be charged to credit card on file.
-KEYS $5.00 EACH
-GATE CARDS- $50.00
-SWIM PINS- $10.00
-CAR TAGS- $25.00
***ACCIDENTAL DAMAGES MUST BE REPORTED TO SHOREWOOD, IN ORDER FOR THE VRPP Plan COVERAGE TO BE VALID.***
PAYMENT REQUIREMENTS: The initial payment is due 24 hours from the date reservation is placed and is equal to 1/2 of the base rental rate and the travel insurance premium (if elected) and the VRPP Plan Fee (if elected). Payment methods for the first payment are Visa/Mastercard/Discover/AMEX or E-check. Final payment is due 45 days prior to your arrival date. Personal checks, E-checks,Discover, Visa/Mastercard/AMEX are accepted for final payment. Note: Personal Checks are only accepted if there are at least 30 days prior to your arrival date. For “last minute”reservations, defined as an arrival date 45 days or less from booking date,payment is due in full within 24 hours of booking and payable via Mastercard/Visa/AMEX or Discover.
CSA TRAVEL PROTECTION: Vacation Rental Insurance has been made available with your reservation. Vacation Rental Insurance provides coverage for prepaid, nonrefundable expenses due to certain unforeseeable circumstances that may jeopardize your vacation investment and force you to incur unplanned expenses. We strongly recommend you purchase this valuable protection. Separate terms and conditions apply, read your Description of Coverage/Policy carefully and contact CSA at (866) 999-4018 with coverage questions.
No refund will be made in the event of a mandatory evacuation if a guest does not purchase the CSA Insurance.
TAXES: NC Sales Tax is 6.75% is and the Carteret County Occupancy Tax is 6% and is added to all rentals less than 90 days. The total tax rate is currently 12.75%. These rates are as of the time of printing of agreement. Tenant will be responsible for the taxes due at the time of tenancy. Taxes will be disbursed upon termination of the tenancy or material breach of the agreement.
ARRIVAL AND DEPARTURE: CHECK-IN TIME: 4:00 PM OR LATER. Check in at Shorewood Real Estate, located at 7703 Emerald Drive, Emerald Isle, NC 28594. (Approximately 2.3 miles from the Emerald Isle Bridge on the right.) PLEASE DO NOT EXPECT TO CHECK-IN EARLY; however, should your property be ready prior to 4 pm, you will receive a text stating your property is ready.
CHECK-OUT TIME: 10:00 AM. Please check out on time, so that the unit can be cleaned, sanitized and inspected for the next rental guest.
***LATE ARRIVALS*** Shorewood Real Estate’s business hours are Monday-Sunday 9 am- 5pm. (Sunday Hours Off-Season 10 am -2 pm and subject to change).
Late Arrival Check-Ins will pick up key packets at our office in the front corridor of our building located at:
7703 Emerald Drive, Emerald Isle, NC 28594.
CALL OUR OFFICE TO CONFIRM YOUR LATE ARRIVAL. TOLL-FREE: 1-888-557-0172.
VACATION ESSENTIALS: When packing plan to bring towels, bed linens, kitchen towels, cleaning supplies, paper products, garbage bags, coffee filters, sunscreen, beach towels and beach chairs. (Linens,towels, beach gear, portacribs and highchairs can be rented through our office, if you let us know in advance of your arrival.)
FAMILY GROUPS ONLY: Shorewood Real Estate, Inc. has the right to terminate rentals without refund if in our opinion the renter is detrimental to the property. No house parties. No college or teen groups, even if chaperoned by an adult. According to section 42A-23of the Vacation Rental Act, a tenant may be evicted in an expedited eviction proceeding if the tenant does any of the following: (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.
NO GRILLING ON DECKS: Emerald Isle Town Ordinance requires all grilling to be done on concrete, grass or gravel surfaces away from wooden areas. Please clean grill when finished.
LOCKOUT POLICY: If you are locked out of your vacation property during business hours, you may come to our office and check out a key. After business hours, call our emergency number 252-354-4892 or 252-622-2563. A service call of $35.00 is charged to the tenant for unlocking the unit.
REPAIRS AND SERVICE CALLS: Before calling our office be sure that the repair is necessary and not an oversight. If the air conditioning is not cooling as quickly as you think it should, give it time to adjust. It may have been turned off prior to your arrival. Do not set the AC to a temperature lower than 70, as the unit may freeze. If a service was ordered and not necessary per the repair person, a service call will be charged to the tenant by charging the credit card on file. Please report any inoperative equipment to our office. We will make every effort to have the repairs done quickly.
LOST AND FOUND: We cannot be responsible for items left behind.However, when items are found and claimed, we will gladly return them to you via USPS COD. A $10.00 handling fee will be added. Unclaimed items will be donated to local charity after 30 days.
FOR SALE/RENT: Sometimes the units, which we rent, are also available for sale. Shorewood Real Estate reserves the right to show the rented property at a convenient time. When property is transferred, vacation rental tenants will be notified within 20 days advising them of their rights to occupy the property and their rights to receive a refund of any payments made. Tenants will also be given grantee names and addresses. Rentals that end 180 days or less after transferred must be honored by grantee. Shorewood Real Estate shall not be liable for changes to bedding, furnishings or amenities which occur from the transfer of ownership. Grantee or successor in interest can choose not to honor rentals that end more than 180 days after transfer; a full refund within 30 days is sent to the tenant for payments made. When landlords interest in property is terminated for any reason, all advance rents and fees are transferred to the successor in interest within 30 days. If transfer is involuntary, prior to tenancy,all payments must be refunded to tenants within 60 days of transfer.