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, 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.
The following conditions equally bind the renter to all sections of the terms and conditions as stated below:
Receipt by scan, fax, mail, or email of a signed rental agreement. Email, from the email address associated with the reservation, with a statement of acceptance of terms and conditions. Payment of money upon making the reservation. Taking possession of the property after receipt of the agreement.
Vacayrent.com, is a Property Management Company. Vacayrent.com (Hereinafter the Agent) is a real estate agency which rents private homes, condominium units, cottages, and cabins for its Owners. You, the tenant or renter, are the paying guest of the homeowner. Neither the Agent nor the Owner is responsible or liable for any loss of the renter`s personal property or bodily injury or damage of any nature from any cause to the renter (including his guests, licensees, or invitees) The Agent is also not responsible for skiing conditions, insects, rodents, flies, or other pests, weather conditions, road conditions, power outages, acts of God, criminal activities, economic downturns, political changes, or any other activity, event or condition beyond its control.
All reservations are subject to a $25 - $200 processing fee, applicable taxes, a cleaning fee, and the Vacation Rental Damage Protection Insurance (or a Security Deposit). All reservations require a payment of at least fifty percent (50%) of the reservation total (including the Security Deposit) for confirmation. The balance shall be due 15 days before arrival. Reservations made within 15 days of arrival must be paid in full and charged with a credit card (Visa, Mastercard or Discover) when the reservation is taken and is a guaranteed reservation. Your reservation becomes a guaranteed reservation upon receipt of your signed contract or monies paid on your account. NOTE: Tax rates are calculated as of the time of this Agreement. Tenant shall be responsible for all applicable taxes according to rates in effect at the time of occupancy.
Reservations made more than 15 days from the date of arrival may be paid by personal check, money order, cashier`s check or credit or debit card (Visa, Mastercard or Discover). The reservation is not guaranteed until receipt of payment. Credit card payments MUST be placed on a card held in the same name as the Responsible Party. The property will be marketed until receipt of payment. Reservations made within 15 days of arrival must be paid in full when the reservation is taken and is a guaranteed reservation. Personal checks received in our office less than 15 days from the date of arrival will not be accepted. The 2nd payment is due 15 days before the arrival date.If the 2nd payment is not paid by the due date, the reservation will be canceled, and the cancelation policy will apply. Acceptance of the terms and conditions is approval of the automatic charge of final payment to the card used for the initial reservation 15 days prior to arrival. There will be a $25 fee added for returned checks.
All payments received will be held in the Vacayrent.com Escrow account at Wells Fargo Bank on Main Street, Blowing Rock, NC 28605. Payments may be deposited in an interest-bearing account and any accrued interest shall be disbursed to Agent.
4) RESPONSIBLE PARTY:
The person in whose name the property is reserved will be held responsible for all occupants complying with rental policies, procedures and restrictions. The Responsible Party must be at least 25 years of age, and is required to stay in the property for the time reserved. Aside from normal wear and tear, the responsible party will be responsible to pay the Owner for any damages to the property or its contents during property possession under the vacation rental agreement. In addition to damages, the responsible party's credit card will be charged for post reservation/check-out services performed on behalf of the reservation. Explanation of post reservation services and potential post reservation charges are discussed in detail in sections 5, 10, 15, 18 and 32 of this agreement.
RESERVATIONS MADE BY PERSONS NOT MEETING THE MINIMUM AGE REQUIREMENT MAY FORFEIT RESERVATION HOLD PAYMENT.
5) VACATION RENTAL DAMAGE PROTECTION / SECURITY DEPOSIT, DAMAGES, AND MISSING ITEMS:
All reservations require the purchase of the Vacation Rental Damage Protection Insurance policy for $45 OR the payment in full of the property specific security deposit which typically ranges from $300 to $3,000. One or the other of these items shall be quoted in the total price for the vacation rental. Although there is no tax on the $45 insurance purchased, we are required to collect tax on the security deposit; the tax amount is the same as on your reservation (13.5%, 12.75% or 6.75%, depending on your location).
The Vacation Rental Damage Protection plan covers unintentional damages to the rental unit interior that occur during your stay, provided they are disclosed to management prior to check-out. The policy will pay a maximum benefit of $3,000.00 (three thousand dollars and no/100). Any damages that exceed $3,000.00, or are not covered or reimbursed by the policy, will be charged to the credit card on file. If, during your stay at one of our Rental Properties, an Insured Person causes any damage to real or personal property of the unit as a result of inadvertent acts or omissions, the Insurer will reimburse the Insured for the cost of repair or replacement of such property up to a maximum benefit of $3,000.00. Certain terms and conditions apply. Full details of the Vacation Rental Damage Protection coverage are contained in the Certificate of Insurance or Insurance Policy. If you selected the Vacation Rental Damage Protection Insurance on your reservation, the premium for Vacation Rental Damage Protection has been included in the cost of your initial deposit. By submitting payment for this plan, you authorize and request CSA Travel Protection and Insurance Services to pay directly Vacayrent.com any amount payable under the terms and conditions of the Vacation Rental Damage Protection. This Vacation Rental Damage Protection does not cover intentional damage, theft, excessive cleaning, unintentional and incidental damage exceeding the amount of coverage purchased or flea infestation caused by a pet. Please contact Vacayrent.com directly if you do not wish to allow this assignment.
If you selected to pay for a Security Deposit in lieu of purchasing the Vacation Rental Damage Protection Insurance for $45 you will be responsible to cover any intentional or unintentional damages to the rental unit interior or exterior that occurs during your stay. You will be responsible for any damage to real or personal property of the unit as a result of inadvertent acts or omissions. Your security deposit may also be used to cover any intentional damage, theft, excessive cleaning, unintentional and incidental damage or flea infestation caused by a pet. If you choose a security deposit, the cost of any damage to the property including stained linens, a broken glass, etc., and any related labor to replace and deliver back to the property will be withheld from your security deposit. If you pay for the security deposit with a credit card, any refunded amount will be less 3% for the credit card processing fee. Any checks sent to pay for security deposits must be received within 3 days of making the reservation, and we do not accept checks in our office less than 14 days prior to arrival. Any additional amount of damage over your initial security deposit will be charged to your card on file. Security deposits will be reviewed and returned within 45 days after your departure, per the North Carolina Tenant Security Deposit Act.
A Visa, Discover, or MasterCard number is required for each reservation, and all costs for damage repair not covered under the Vacation Rental Damage Protection Product or extra cleaning will be charged to the card on file.
Agent reserves the right to collect a cash damage deposit in advance, which will be held in the Vacayrent.com Escrow Account at Wells Fargo Bank, Main Street Blowing Rock, NC 28605. Said deposit is refundable within 45 days of departure providing nothing is broken, missing, or damaged.
Accidental damages covered under the Vacation Rental Damage Protection purchased prior to tenancy will not be charged to the tenant.
6) ALL RESERVATION SALES ARE FINAL:
If you must cancel your reservation, please call our office immediately. Any changes, switching of properties or cancelations will invoke the cancelation policy in Section 7.
Agent reserves the right to cancel a reservation within 48 hours of the booking if the house was erroneously priced, made available for fewer nights than the minimum allowed by the owner, or other clerical errors. If the reservation is canceled for this reason, the Agent's sole responsibility shall be to refund the renter's deposit, per the Cancelation Policy in Section 7.
7) CANCELATION POLICY:
If your booking is made more than 45 days out from arrival, and you cancel within 24 hours of booking, a full refund will be issued, less one hundred dollars ($100) as the cancelation fee. If you cancel more than 24 hours after your original booking, or booked the property within 45 days of arrival, then the remaining policy in this Section 7 (below) will apply instead.
If tenant wishes to cancel his or her reservation, change properties or change dates, the advance rent deposit (all funds paid toward the reservation) will not be refunded or applied to another property unless the property is re-rented covering the same time period that Tenant reserved for at least the same total rent for that period. If the unit is rebooked, Tenant will be refunded the advance rent deposit less a fifty-dollar ($50) cancelation fee, less any difference in rent.
Any tenant who fails to arrive on the scheduled date under the terms of this Agreement shall forfeit all deposits (all funds paid toward the reservation) and reservation rights, effective 11:00 AM on the day following the scheduled arrival date. Any renter who fails to pay the unpaid balance owed at the appropriate due date shall forfeit all deposits (all funds paid toward the reservation) and reservation rights. There shall be no refund of unused days in the event of late arrival or early departure.
If the Agent cancels the renter's reservation, the Agent's sole responsibility shall be to refund the renter's deposit or prorated portion.
8) VACATION RENTAL INSURANCE
The premium for Vacation Rental Travel Insurance may have been included in the cost of your initial deposit, thereby adding Travel Insurance to this Agreement. Please review the information regarding Travel Insurance enclosed with this Agreement (and/or posted on the website) and our Cancelation Policy in Section 7. Travel Insurance can help protect you from certain unexpected risks offering protection for Trip Cancelation, Trip Interruption, and Travel Delay, amongst other benefits. You may decline the Vacation Travel Protection Insurance, by checking 'NO' when prompted to accept or decline this option.
9) RENTAL CAPACITY:
Please check the number of people each unit sleeps as detailed in the online property description. The maximum occupancy stated on the property page represents the MAXIMUM number of people, including children, allowed to occupy the property. Some properties accrue an additional guest charge above a designated number. This amount is stated on the property page. The guest number instigating the additional guest fee is independent of the maximum occupancy number.
Please provide our office with names and ages of all the people who will accompany you to this rental. You will be prompted to comply with this requirement via email.
10) GROUPS AND HOUSE PARTIES WARNING:
We do not rent to house parties and/or groups including, but not limited to, fraternity, high school graduation, spring breakers, or other groups to be determined at the sole discretion of Vacayrent.com. Any violation will result in termination without refund. If you are a group that may be construed as such, then your group must be approved by Vacayrent.com.
11) CHECK-IN, LATE CHECK-IN AND CHECK-OUT:
CHECK-IN (READ CAREFULLY)Some of the properties we manage have coded locks at the property, and you do not come by our office for key pick-up. Please make sure to print off your full check-in instructions to note whether you come to our office to get your key, or whether you will be driving directly to the property. Either way, Normal Check-In Time is 4:00 PM. If you will be picking up your keys from our office, you may come to our office located at 197 Old Highway 321 in Blowing Rock, North Carolina (at the Blowing Rock Lodge) after 4:00 PM. During Holidays and busy seasons, check-in time will vary depending on Housekeeping's workload. Please call the office within 1 hour of arrival to your property to report any damages or other issues, otherwise you may be held responsible for previous guests' damage.
CHECK-OUT: You must vacate the property no later than 11:00 AM on the last day of your reservation. Cleaning services are included with your reservation, provided that you follow check-out procedures. Additional cleaning services are available for a fee, and are detailed in your check-in/check-out instructions (provided by email before your reservation), as well as shown here below:
CHECK-OUT PROCEDURES: A general cleaning of the property plus linen service is included in your rental agreement. The following check-out procedures are the responsibility of the guest:Upon departure, tenants are required to place all used dishes, glassware and silverware in the dishwasher, put in soap, and turn it on. Pots and Pans should be clean.
Tenant is expected to collect and deposit trash in outdoor trash containers (or that may be in the garage), and not leave a mess.
Guests are expected to remove sheets and pillow cases from bedding and pile on floor next to each used bed, and place soiled towels and wash cloths in the bath tub or shower.
Do NOT turn the heat off in the winter months.
Report any damages to office prior to departure so that any qualified damages may be covered by the Vacation Rental Damage Insurance.It is preferred that guests meet these responsibilities before departure. However, we will perform check-out services for the following charges:Dishes/Pots and Pans Cleaning Service $25
Linen Service $15
Trash Service $25
Excessive Cleaning Service $20 per hour.
Hot Tub Excessive Cleaning Service $45
Hot Tub Dump and Refill (if required) $100*** Departure with check-out requirements incomplete indicates acceptance of charges.
ACCEPTANCE OF THE TERMS AND CONDITIONS INDICATES ACCEPTANCE TO HAVE ALL UNINSURED DAMAGES OR EXTRA CLEANING CHARGES APPLIED TO CREDIT CARD.
12) USER ERROR, LOCK-OUTS, AND LOST KEYS:
All systems are checked and made sure they are working at each house prior to each Tenant arrival, including, but not limited to (if available at the property) heat, A/C, water, hot water, internet, TV service, gas logs, hot tub, theater systems. If Tenant has trouble with any of these items during their stay, Vacayrent.com has On-Call and After-Hours service 7 days a week to help remedy the situation. If Tenant can be helped over the phone, there is no charge. If anything is wrong with the house, there is no charge. If the matter requires maintenance staff to come to the house, and it is found it was caused by the Tenant, or was due to user error, then there is a minimum $45 charge. If tenant locks themselves out of the house, there will be a $35 charge to send maintenance to let them into the house. If the key was lost, there will be an additional $25.00 charge for lost keys.
13) WEATHER AND ROAD CONDITIONS:
Weather conditions in the mountains of North Carolina are unpredictable. Please remember that the Mountains get rain, fog, snow, sleet and ice. Road conditions may become hazardous before or during your stay. For this reason, a 4-wheel drive vehicle, chains and the ability to drive on snow and ice are the ONLY things we can recommend to get to or from any given property. Some think that a 2-wheel drive with chains can operate as well as a 4-wheel drive. This is not the case in many winter weather situations, especially on steep inclines, that may especially occur on private drives or driveways. IT IS YOUR RESPONSIBILITY TO ARRIVE FULLY PREPARED and there will be NO refunds, changes in properties, allowances, or date changes resulting from your negligence in this matter. Please do not ask.
14) EQUIPMENT FAILURE AND OTHER INCONVENIENCES:
All equipment in the unit should be in working order. Please report any equipment problems to the office immediately. An effort will be made to rectify the problem, but we cannot refund money due to mechanical failure. Please be patient if you encounter any inconveniences. Vacayrent.com maintenance staff will certainly try to rectify equipment failures that are in our control. Examples of inconvenience which are not in our control and which do not warrant any refund of rental monies include but are not limited to: Breakdown of TV's, VCR's, DVD players, satellite systems, stereos, hot tubs, or other appliances; outages of the power, cable, internet, water, or telephone services; construction taking place in the area; flies, ladybugs, or other insects inside the house; chipmunks, mice, or other pests inside the house; bad weather; poor ski conditions; and hazardous road conditions.
15) HOT TUB USE (IF PROPERTY IS EQUIPPED WITH HOT TUB AMENITY):
Hot tub use is "at your own risk" and the guest is responsible for all persons on the property. Any damages either intentional or unintentional to the hot tub during you stay will be charged to the guest. Please take care to know the rules of hot tub usage.
You need to shower BEFORE and AFTER entering the Hot Tub. Body oils and make-up are particularly hard on hot tubs and their filtration system. If the hot tub is required to be drained due to your stay, there is a $100 charge to drain and refill the hot tub.
Your hot tub will be serviced prior to arrival and prepared properly for your group. If you have any reason to believe the hot tub was not serviced properly prior to your arrival, you must contact the office within 1 hour of your arrival by leaving a message and/or sending an email, and we will take care to make sure it was serviced properly. If it was not serviced properly prior to your arrival, there will be no additional charge. If any additional servicing is required during your stay, you must send an email or call the office and leave a message requesting additional service. If only chemical balance is needed, you will only be charged the standard hot tub maintenance fee of $37.50. If additional maintenance is required, additional fees will apply. Guest will incur maintenance fee calls for unscheduled caretaker visits.
A hot tub cover is not representation that it will prevent children from entering. To avoid injury, do not permit children to use or access the hot tub unless closely supervised by an adult. Use extreme caution, and supervise your children at all times during your stay.
Stay off the hot tub cover: It will not support weight. If a hot tub cover is broken during your stay, you will be charged to replace the hot tub cover, which can cost more than $600. Remove cover completely before entry to prevent entrapment. Non-secured or improperly secured covers are a hazard. Failure to follow instructions may result in injury or drowning.
Water in hot tub should never exceed 104 degree F (40C). Temperatures between 100 degree F (38C) and 104 degree F (40C) are considered safe for healthy adults. Lower temperatures are recommended for children. Usage time for these temperatures is 10 minutes; prolonged usage may be injurious to your health. Before using a hot tub, the water temperature should be measured with an accurate thermometer.
Pregnant women should consult a physician before using a hot tub.
Medications, alcohol or drugs should not be used before or during hot tub use as they can lead to unconsciousness with the possibility of drowning. A physician should be consulted before using a hot tub if there is a medical history of heart disease, low or high blood pressure, circulatory system problems, diabetes or if suffering from obesity. Any person using medications should consult a physician before using a hot tub. Some medications may induce drowsiness. Other medications may affect heart rate, blood pressure and circulation and may cause drowning.
Do not use hot tub unless all suction guards are installed to prevent body and hair entrapment. Never operate the hot tub if the suction fittings are broken, cracked or missing.
Do not permit any electric appliances such as a telephone, light, radio or television within 10 feet of the hot tub.
People with infectious diseases should not use the hot tub.
Wet surfaces can be slippery; to avoid injury, exercise care when entering or exiting the hot tub.
Do not use a hot tub immediately following strenuous exercise.
The use of alcohol or drugs can greatly increase the risk of fatal hyper-thermia in hot tubs.
No horse play or rough housing in hot tub.
16) LACK OF AIR CONDITIONING:
Please be aware that NOT all of the properties managed by the Agent are equipped with air conditioning. If it is important to have Air Conditioning, the online reservation system enables a filter to search only homes with Air Conditioning. It is the responsibility of the person making the reservation to gain familiarity with the amenities of the property, which may or may not include air conditioning. The Agent is not responsible for weather conditions at time of tenancy, and there will be no refunds or switching of properties due to lack of air conditioning.
Restrictions listed on website.
Pet friendly properties accept pets with prior approval only and are subject to a NON-refundable pet fee of $25 per pet per day. All pets must be crated if left unattended at the property. Unless otherwise specifically permitted in the advertising, no pets shall be allowed on the premises. Tenant's breach of this provision shall be considered material and shall result in forfeiture of any monies paid and the termination of tenancy.
Evidence of a pet at the property without prior approval may result in a $100 fee in addition to the pet fee charged to the credit card on file post departure.
Please note that we cannot guarantee that properties advertised as not allowing pets have never had a pet in the property.
18) NUMBER OF CARS:
Please be aware that certain communities may have strict standards regarding number of vehicles at a property. Some areas may not allow motorcycles, RVs, or trailers. You must adhere to these regulations at all times during your stay.
You will be prompted by email for the number and type of cars.
The Agent reserves the right to substitute accommodations if circumstances require. Circumstances include but are not limited to acts of Nature or other accidents that render a property uninhabitable. In the event that a property becomes unavailable, Agent will try to contact Tenant to offer alternative properties, or a full refund.
20) LONG DISTANCE TELEPHONE CALLS; PAY PER VIEW TELEVISION:
Telephones are included in a number of our vacation homes for your convenience. All long distance calls must be charged to your home phone, a telephone credit card or call collect. Please do not charge any calls to the Owner. Pay-Per-View television, including HBO, special sporting events, Showtime, and other such channels are not included in your rental unless otherwise stated on internet listing. Viewing of PPV programs is prohibited by Owner and will result in a charge against your deposit and/or credit card.
21) ITEMS LEFT IN UNIT:
Agent is not responsible for items left in rental units. Lost and Found service is provided. You will receive a Lost and Found email after departure. A reply requesting service will be considered acceptance of responsibility for the cost of shipping + $25 handling fee; which will be charged to the credit card on file.
22) OWNER'S CLOSETS OR OTHER LOCKED AREAS:
Any locked closets or other areas are reserved for the storage of the Owner's private property. They are absolutely not included in this rental.
From time to time it may be necessary for the agent to enter the property during reasonable hours for any purpose connected with the repair, care or management of the property.
24) WHAT IS PROVIDED AT THE HOUSE UPON ARRIVAL:
All properties are set up for light housekeeping. Beds are made with clean linens and one towel is provided for each guest. If you require more than a single towel per guest, it is recommended that you bring towels from home. Vacayrent.com provides a STARTER SET of toilet tissue, bath soap, dish soap, and trash bags. This is enough for one night, or perhaps two, but if you are staying for an extended period of time, you should plan to bring supplies from home or plan to purchase these items after arrival. Agent is not responsible to provide laundry detergent or paper towels.
25) DISBURSEMENT OF RENT TO THIRD PARTIES/FEES:
Tenant authorizes Agent to disburse up to fifty (50%) of the rent to the Owners (or as Owner directs) prior to Tenant's occupancy of the Premises, and the balance of the rent upon the commencement of the tenancy or as otherwise permitted under the Vacation Rental Act. Tenant agrees to pay $25 processing fee for any check of Tenant that may be returned by the financial institution due to insufficient funds, closed account, or other. 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 the Tenant.
26) TRANSFER TO 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 after such recordation, Tenant has no right to enforce the terms of the 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 10 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 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 of transfer.
27) 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 permit and causing no unsafe or unsanitary conditions in the common areas and remainder of the Premises that Tenant uses. Tenant agrees not to use the Premises for any activity or purpose that violates any criminal law or governmental regulation, including noise ordinances and local parking restrictions. Tenant's breach of any duty contained in the paragraph shall be considered material and shall result in the termination of tenancy.
28) AGENTS 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.
AS REQUIRED BY NORTH CAROLINA LAW, WE INCLUDE THE FOLLOWING: AGENT SHALL CONDUCT ALL BROKERAGE ACTIVITIES IN REGARD TO THE AGREEMENT WITHOUT RESPECT TO RACE, COLOR, RELIGION, SEX, NATIONAL ORIGIN, HANDICAP, SEXUAL ORIENTATION, OR FAMILIAL STATUS OF ANY TENANT.
29) 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 mandatory evacuation order, or (ii) Tenant purchased insurance offered by the landlord or real estate broker. The insurance offered shall be provided by an insurance company duly authorized by the North Carolina Department of Insurance, and the cost of the insurance shall not exceed eight percent (8%) of the total rent charged for the vacation rental to the tenant.
30) EXPEDITED EVICTION:
If the tenancy created hereunder 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 over in possession after Tenant's tenancy has expired, (ii) commits a material breach of any provision of the 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 this Agreement; or (iv) has obtained possession of the Premises by fraud or misrepresentation.
31) INDEMNIFICATION AND HOLD HARMLESS: RIGHT OF ENTRY; ASSIGNMENT:
Tenant agrees to indemnity 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, of 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, alteration or 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 or sublet the Premises in whole or part without written permission of Agent.
Any claim or dispute arising from or related to this agreement shall be settled by first meeting face to face to discuss the matter, secondly by mediation and, if necessary, by legally binding arbitration in accordance with the Rules of Procedure for Christian Conciliation of the Institute for Christian Conciliation, a division of Peacemaker Ministries (complete text of these Rules is available at www.HisPeace.org). Judgment upon an arbitration decision may be entered in any court otherwise having jurisdiction. The parties understand that these methods shall be the sole remedy for any controversy or claim arising out of this agreement and expressly waive their right to file a lawsuit in any civil court against one another for such disputes, except to enforce an arbitration decision.
33) NO SMOKING:
ALL of our properties are NON-SMOKING properties. You may not smoke inside any of the properties. If any sign of smoking is found inside a property, there will be a $200 clean up and air restoration fee charged to your card after your departure.
34) AMERICANS WITH DISABILITIES
The properties in our vacation rental program are privately owned residences, and NONE of the properties meet the standards to be ADA Compliant.
ALL RESERVATIONS MADE VIA THE WEB HAVE ACCEPTED AND AGREED TO ALL TERMS IN THIS AGREEMENT IN FULL BY CHECKING THE BOX IN STEP 1 OF THE RESERVATION PROCESS. YOU CANNOT GET TO STEP 2 OF THE RESERVATION PROCESS AND PAY FOR YOUR RESERVATION WITHOUT CHECKING THIS BOX.
IF THIS RESERVATION WAS MADE WITH Vacayrent.com THROUGH ANY MEANS OTHER THAN THE ONLINE RESERVATION SYSTEM, THIS AGREEMENT IS EMAILED TO YOU ALONG WITH YOUR RESERVATION CONFIRMATION. WHILE 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, YOUR RESERVATION IS NOT GUARANTEED AND CONFIRMED UNTIL RECEIPT OF A STATEMENT OF ACCEPTANCE FROM THE EMAIL ADDRESS ASSOCIATED WITH THE RESERVATION.