Vacation Rental Agreement - Shorewood Real Estate, Inc.
Revised March 24, 2021
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.
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 regarding this Agreement without respect to the race, color, religion, sex, national origin, handicap, or familial status of any Tenant.
6. 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.
a. CANCELLATIONS: All cancellations must be in writing. Notify Agent by submitting an email to: firstname.lastname@example.org. If the optional travel insurance was purchased, nofify Generali Global Assistance to file a claim at 800.874.2442. Cancelled reservations are put back on the rental market to be re-rented. If the property is re-rented for the dates cancelled, Tenant will receive a refund less a $100 cancellation fee, less any discounts required to re-rent the property and less the travel insurance premimium (if applicable). If the property is not re-rented, Tenant will not be entitled to a refund. If the property does not re-rent, Tenant may opt to reinstate the cancelled reservation. If a balance is owed on the reservation, payment is due in full immediately upon reinstating the reservation. To reinstate a cancelled reservation, submit an email request to: email@example.com.
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 $100.00. NOTE: Shorewood Real Estate, Inc. reserves the right to cancel or transfer reservation at any time prior to taking occupancy. Should this occur, reservation will be transferred to a comparable property or refund all monies received from Tenant.
b. TRANSFER OF PREMISES: 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:
i. notifies Tenant in writing of the transfer of the Premises, the grantee's name and address, and the date the grantee's interest was recorded.
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.
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.
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 HURRICANE EVACUATION
If state or local authorities order a mandatory hurricane 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. Travel Insurance cannot be added to a reservation after reservation is paid in full. However, Tenant will not be entitled to a refund if, prior to taking possession of the Premises: 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 hurricane 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:
a. hold in possession after Tenant's tenancy has expried.
b. 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.
c. fails to pay rent as required by this Agreement.
has obtained possession of the Premises by fraud or misrepresentation. (NO HOUSE PARTIES. COLLEGE OR TEEN GROUPS.)
d. No Pets unless otherwise specifically permitted.
i. Unless otherwise specifically permitted in this Agreement (including any addendum here to), 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.
e. No Smoking on the premises.
i. 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 tenancy.
10. IDEMNIFICATION AND HOLD HARMLESS; RIGHT OF ENTRY; ASSINGMENT
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 counter parts 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 inwriting 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.
Any addenda to this Agreement are described in the following space and attached here to \" 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. The Addendum follows below. Shorewood Real Estate, Inc. is conducting business under the VACATION RENTAL ACT (NC GENERAL STATUTESSECTION 42 A-1) for all Vacation Rental Agreements entered into on or after 1/1/2000. Shorewood Real Estate, Inc. acts as agent on behalf of the homeowner for vacation rental properties.
Addendum to Vacation Rental Agreement - Policies and Procedures
Revised February 15th, 2021
Our vacation rental properties are individually owned and reflect each owner’s tastes. We cannot make substitutions or provide refunds upon your arrival.
Check in begins after 4:00 PM on the day of your arrival. DO NOT EXPECT TO CHECK-IN EARLY; however, should your property be ready prior to 4:0PM, you will receive a text message stating your property is ready. Check in at Shorewood Real Estate, unless stated otherwise. Please plan driving time to arrive after 4:00PM. During holidays and busy seasons: Check-in time for your property may be later than 4:00PM due to the extra housekeeping and maintenance workload. We appreciate your patience and understanding as we prepare your property for you.
Check out begins at 10:00AM OR EARLIER. Check out time is promptly 10:00. Depart on time so that the unit can be cleaned, sanitized, and inspected for the next rental guest. .
3. LATE ARRIVALSShorewood Real Estate’s business hours are Monday-Sunday 9:00AM-5:00PM. (Off Season Sunday Hours 10:00AM-2:00PM). Late Arrival Check-Ins will pick up key packets at our office in the front corridor of our building, unless stated otherwise. CALL OUR OFFICE TO CONFIRM YOUR LATE ARRIVAL 4. AFTER HOURS EMERGENCY (252) 354-4892
This phone line is monitored after hours. You must leave a message and your call will be returned as soon as possible. After Hour Emergency calls are defined as anything that places the Tenant or Property in danger. Malfunctioning A/C, WiFi, TV, Technical Issues, Minor Plumbing Issues, DO NOT constitue as an “After Hours Emergency” and will be addressed the following business day.
Emerald Isle Police Department (252) 354-2021
Emerald Isle Town Hall (252) 354-3424
Carteret Health Care (Hospital) (252) 499-6000
Med First Primary & Urgent Care (252) 354-6500
5. CHECKOUT PROCEDURES
a. Failure to comply with the check-out procedures listed below will result in a minimum charge of $75.00 to the card on file.
i. Wash all dishes and put back neatly in cabinets.
ii. Remove all food from cabinets and the refrigerator/freezer.
iii. Make sure all furniture and furnishing are in original locations.
iv. Remove ALL trash from the property and place outside in the receptacles.
v. Remove linens (fitted sheet, top sheet, pillowcases) from beds. Place towels and linens in linen bag.
vi. Lock all exterior windows and doors.
vii. Make sure all appliances are OFF.
h. Check closets, bathrooms, under beds and other furniture for personal items prior to leaving.
viii. Leave home broom clean.
ix. Pick up and discard pet waste.x. Outdoor areas are free of trash and all outdoor furniture, etc. is in place.
xi. Return all keys and gate cards/parking passes to Shorewood Real Estate.
xii. REPORT any maintenance needs or damages.
b. Charges for lost items listed above are as follows and will be charged to credit card on file.
i. Keys $5.00/each
ii. Gate Cards $50.00/each
iii. Parking Passes $25.00/each
6. PAYMENT REQUIREMENTS
a. If booked over the phone or in person, the initial payment (advance required) is due 24 hours from the date reservation is placed and is equal to ½ of the base rental rate, travel insurance premium (if elected) and the VRPP Fee (if elected).
b. If booked online, the initial payment (advance required) is due at the time the reservation is placed and is equal to ½ of the base rental rate, travel insurance premium (if elected) and the VRPP Fee (if elected).
c. Payment methods for the first payment are Visa/Mastercard/Discover/AMEX or E-check.
d. Final payment is due 45 days prior to your arrival date. Personal checks, E-checks, Discover, Visa/Mastercard/AMEX are accepted for final payment.
e. 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 over the phone or in person, or due in full at the time the reservation is placed online, and payable via Mastercard/Visa/AMEX or Discover.
Note: Personal Checks are only accepted if there are at least 30 days prior to your arrival date.
Select properties may participate in discounted rates or other promotions. These discounts/promotions are subject to change and/or expire without notice. Discounts cannot and will not be combined. All homes are individually owned, and induvial property owner must approve all discounts advertised or negotiated by Shorewood Real Estate. To receive Military Discount, the reservation must be in the name of the Active or Retired Military Personnel, share Branch of Service, DOD ID# and must be the one making payment for the reservation.
8. GENERALI/CSA TRAVEL PROTECTION
Vacation Rental Travel Insurance has been made available with your reservation. Vacation Rental Travel 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 Description of Coverage/Policy carefully and contact GENERALI/CSA at (800) 874-2442 with coverage questions. Travel Insurance cannot be added to a reservation after reservation is paid in full. No refund will be made in the event of a mandatory evacuation if a guest does not purchase the GENERALI/CSA Insurance.
NC Sales Tax is 6.75%, 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.
10. DAMAGE TO THE PROPERTY
Report any damage that occurs during your stay. If you do not report the damage right after it happens or upon checkout, or the damage is adamantly denied, then it will be considered non-accidental damage and you will be responsible for paying for repairs or replacements. Tenant is responsible for any damage due to willful negligence on leased property. Tenant will be notified in writing and Tenant agrees that charges can be processed on Tenant's credit card or Tenant agrees to send payment within 10 days of notification.
See 2. SECURITY DEPOSIT of Vacation Rental Agreement, above, for description of accidental damage protection options
a. VACATION RENTAL PROTECTION PLAN – One Time Non-Refundable Fee
Accidental damages must be reported to Shorewood Real Estate, in order for Vacation Rental Protection Plan (VRPP) to provide coverage. No co-pay required. Proof of Loss Form must be filled out, signed by tenant, and provide copy of Identification.
b. SECURITY DEPOSIT – Deposit that is Refunded, less damages
Damages reported by tenant or found after departure are deducted from security deposit. If damages exceed Security Deposit, Tenant agrees that charges can be processed on Tenant's credit card. Remaining balance of security deposit is refunded to original payment method within 45 days of departure.
11. 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:
a. Holds over possession after his or her tenancy has expired.
b. 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.
c. Fails to pay rent as required by the agreement.
d. Has obtained possession of the property by fraud or misrepresentation.
12. VACATION ESSENTIALS
When packing plan to bring towels, bed linens, kitchen towels (if not already included with your reservation), cleaning supplies, paper products, garbage bags, coffee filters, sunscreen, beach towels and beach chairs, (linens, towels, beach gear, porta cribs and highchairs can be rented through our office, if you let us know in advance of your arrival.)
13. NO GRILLING ON DECKS
Emerald Isle Town Ordinance requires all grilling to be done on concrete, grass, or gravel surfaces away from wooden areas. Clean grill after each use.
14. 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. A service call of $35.00 is charged to the tenant for unlocking the unit.
15. REPAIRS AND SERVICE CALLS
Before calling our office be sure that the repair is necessary and not an oversight. Promptly report any inoperative equipment to our office. We cannot guarantee against mechanical failure of the heating, air conditioning, TVs, cable, WiFi, or other appliances/ amenities. Every effort to have repairs addressed quickly and efficiently will be made. Our Vacation Rental Homes are individually owned. We are unable to offer refunds when appliances fail, parts need to be ordered or other repair needs arise.
During the summer months, DO NOT set the thermostat below 70 degrees as the unit may freeze. Typically, the heat index is 90+ degrees. The AC Systems will not cool the inside of the home to 69 degrees during the day. If the air conditioning is not cooling as quickly as you think it should, give it time to adjust. 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. When departing during Summer months, leave AC on 74 degrees.When departing during Winter months, leave Heat on 55 degrees.
17. PEST CONTROL
Water bugs and ants are indigenous to Emerald Isle and the Crystal Coast. If a serious issue is present, contact us to schedule an exterminator. By keeping the area tidy, trash removed, and food put away, the situation should be remedied until the exterminator arrives. Should you decide to purchase repellants, a reimbursement for the purchase will be provided with a receipt
18. ADDITIONAL BEACH HOUSE AMENITIES
Swimming pools, hot tubs, spas, whirlpools, elevators, and appliances cannot be guaranteed against failure. Every effort will be made to have them in good working order; however, no refunds or discounts will be made in the event they are inoperable during your stay. Guests use these amenities at their own risk during their stay.
19. POOLS/HOT TUBS
Pool/Hot Tub use is \"at your own risk\" and the guest is responsible for all persons on the property. You must shower before entering pool/hot tub. All pools/hot tubs are serviced twice a week. Additional service required due to misuse/improper care of pool/hot tub will be charged to guest. Do not sit/lean on hot tub cover. If a hot tub cover is broken during your stay, you will be charged to replace the hot tub cover that can cost over $600.00. Remove cover completely prior to use and place hot tub cover back on hot tub when not in use.
20. CABLE TV/WIFI/SATELLITE TV
These items are provided with most of our beach rentals; however, these services cannot be guaranteed to be provided without interruption. Occasional interruptions of service may occur due to our location. There are no refunds or discounts for interruption to these services.
Some (not all) houses provide linens with weekly stays (only). Linen packages consist of fitted sheets, top sheets, pillow cases, bath towels, wash cloths, small bath rug/towel, hand towels, and kitchen towels. All houses are equipped with mattress pad, pillow protectors, comforters, and pillows. You may add on linen package (additional cost) if linen package is not provided with your reservation. Read description of home to determine if Linen Package is included. Linen packages are not included with reservation less than a weekly stay.
If the property is pet friendly and your four-legged friend comes along, you must remove their droppings from any outside areas. Dogs are not allowed on furniture or beds. Any evidence of dogs on furniture will incur additional cleaning fees. Emerald Isle has a leash law, meaning dogs are to be leashed at any time they are outside, even if their people are beside them. Pet friendly homes are charged a non-refundable pet fee per dog. Read description of home to determine pet fee.
23. TRASH PICKUP
If cans were not rolled to roadside by third party provider, it is guest responsibility to roll trash cans to roadside prior to designated trash collection day. Trash collection may be early in the morning. Prepare to have cans to road side the evening before designated trash collection day.
Ocean Side: Monday and Friday
Sound Side: Tuesday and Thursday
Town Wide Recycle: Wednesday
24. 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.
25. 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.