Rental Policies

1. Reservations.  Once Agent takes a reservation from Guest, Guest must forward a signed agreement and make payments at times specified in Agent’s policies.  Unless the agreement and all required payments are received by Agent then due the reservation may be cancelled without further notice.

3. Reservation Fee.  A fee of $30.00 plus tax is charged to Guest on Guest’s rental.

4. Check-In.  Guests must check-in after 4:00 p.m. at our office located at 161 Back Road, Ocracoke, N.C.  No check-in will be allowed until all rent, taxes and fees have been paid in full.  If you are unable to arrive at our office prior to close of business, please call for special instructions.  In extreme situations your check-in time may be delayed until 5:00 p.m. for special cleaning and/or maintenance.

5. Check-Out.  On the day of departure the Premises must be vacated by 10:00 a.m.  The keys and any linens rented from Agent must be returned to our office.  The Premises should be left clean and ready for the next occupant.  Failure to follow check-out procedures may result in a reduction of your security deposit refund.

6. Disbursement of Rent and Third-Party Fees.  Guest authorizes Agent to disburse up to fifty percent (50%) of the rent set forth in Paragraph 2 above to the Owner of the Premises (or as the Owner directs) prior to Guest’s occupancy of the Premises and the balance of the rent shall be disbursed to Owner  (a) upon the commencement of the tenancy, (b) a material breach of this Agreement by Guest, or (c) as otherwise permitted under the Vacation Rental Act.  Guest agrees to pay a $25.00 processing fee for any check of Guest that may be returned by the financial institution due to insufficient funds or because Guest did not have an account at the financial institution upon which the check was written.  Guest also authorizes Agent to disburse prior to Guest’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 Guest, including, but not limited to, any fees set forth herein payable to Agent for reservation, transfer or cancellation of Guest’s tenancy.

7. Security Deposit.  Any security deposit provided for in paragraph 3 above may be applied to actual damages caused by Guest and Guests agents, guests or invitees, as permitted under the Tenant Security Deposit Act.  In addition, Agent may deduct from the security deposit 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 Guest’s security deposit within 45 days following the end of the tenancy.  In lieu of making a security deposit, Guest may purchase through Agent for $45.00 the “Security Deposit Protector”, a form of insurance against loss of Guest’s security deposit.  The terms and conditions of the Security Deposit Protector policy are set forth in a brochure entitled, “Security Deposit Protector” obtainable from Agent.  Agent shall not be responsible to assist or aid Guest in pursuing claims through said agreement.

8. Trust Account.  Any advance payment made by Guest shall be deposited in an interest-bearing trust account with East Carolina Bank located in Ocracoke, North Carolina.  Guest agrees 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.

9. Other Non-availability of Property.  In the event that the Owner is unable to deliver the Premises to Guest at check-in because of any reason whatsoever, including, but not limited to damage to the Premises, acts of eminent domain, condemnation, acts of nature, double-booking or delays in construction, then Guest’s sole remedy as a result of any of these conditions is the full refund within 60 days of Agent’s discovery of the condition of all funds previously received from Guest less fees paid to third parties for the benefit of Guest as authorized.  If Agent is able to relocate Guest, Guest agrees to pay any difference in rental rate.  Guest expressly acknowledges that in no event shall Agent or Owner be responsible to Guest for travel costs, food, meals, lodging or other expenses related to Guest’s relocation.

10. Mandatory Evacuation.  If State or local authorities order a mandatory evacuation of an area that includes the Premises, Guest shall comply with the order.  Upon compliance, Guest will be entitled to a refund of the prorated rent for each night that Guest is unable to occupy the Premises because of the order; however, Guest will not be entitled to a refund if, prior to taking possession of the Premises: (a) Guest refused insurance offered by Agent that would have compensated Guest for losses or damages resulting from loss of use of Premises due to a mandatory evacuation order; or (b) Guest purchased such insurance from Agent.

11. 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.  Guest may be evicted under such procedures if Guest: (a) holds over in possession after Guest’s tenancy has expired; (b) 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 Guest’s tenancy; (c) fails to pay rent as required by this Agreement; or (d) has obtained possession of the Premises by fraud or misrepresentation.

12. Trip Insurance.Trip Insurance is offered through Agent and is strongly recommended.  Trip Insurance is intended to protect Guest in the event of unforeseen circumstances that cause cancellation or interruption, including, but limited to, mandatory evacuations of the area after check-in.  Guest will be provided with a document from the insurer detailing coverage upon purchase of insurance.  There will be no refunds for any perils insurable by trip insurance.  Trip Insurance shall be the sole remedy for the occurrence of such perils.  To accept coverage, pay the premium together with the Advance Rent Payment.  You have 10 days to cancel trip insurance after our office has received the premium.  There will be no refunds of said premium after the 10-day period has passed.  If Trip Insurance is declined, please initial where indicated on Page 1.  THERE WILL BE NO REFUNDS DUE TO INCLEMENT WEATHER.

13. Equipment and Furnishings.  All properties are equipped with normal housekeeping items, but Guest must furnish paper products, cleaning supplies and linens.  Properties are furnished according to individual Owner tastes.  Agent is not responsible for Owners changing their furnishings after printing the brochure or errors contained therein.

14. Pets.  Unless specifically approved in writing, pets are not allowed in any of our Premises.  In the event of specific written approval for a pet, said approval shall apply to no more than one dog.  All other animals, including cats, are strictly prohibited. If approved to do so and you bring a dog, then a nonrefundable fee of $90.00 shall be charged to Guest for cleaning.

15. Maximum Occupancy.  Guest shall not permit the Premises to be occupied beyond maximum occupancy of two people per bedroom.  Violation of this prohibition will result in eviction and forfeiture of all monies paid.  No RV’s or Campers may be parked on the Premises for the purpose of extra sleeping capacity.

16. No Groups.  Our Premises are not rented to the following groups:  sororities, fraternities, students, graduation groups, wedding groups, chaperoned groups and un-chaperoned groups are allowed.  This does not include families by blood or marriage.  It shall be a material breach of this agreement if Guest misrepresents the nature or Guest’s group and may lead to immediate eviction.  Owner and/or Agent reserve the right to refuse occupancy or have the Premises vacated without refunding any rental sums or fees previously paid.  Guest is invited to consult with Agent prior to signing this Agreement to assure that it is a qualified Guest.

17. Pools and Hot Tubs.  Use of Pools and Hot Tubs can pose risks ranging from infections to drowning.  Please use these facilities with care and at your own risk.  Pool/spa workers may visit pools and hot tubs during the period of Guest’s tenancy in order to monitor water quality and perform routine maintenance or repairs.  DO NOT remove from pools and hot tubs devices  (whether floating or otherwise) that are present for the purpose of distributing cleaning chemicals.  If a cleaning is required during Guest’s tenancy due to misuse, the cost will be charged to the Guest.

18. The Guest Shall:  (1)Keep that part of the Premises he or she occupies and uses as clean and safe as the conditions of the Premises permit and cause no unsafe or unsanitary conditions in the common areas and remainder of the Premises; (2) Dispose of all ashes, rubbish, garbage, and other waste in a clean and safe manner; (3) Keep all plumbing fixtures in the Premises or used by the Guest as clean as their condition permits; (4) Not deliberately or negligently destroy, deface, damage, or remove any part of the Premises or render inoperable the smoke detector provided by the Owner, or knowingly permit any person to do so; (5) Comply with all obligations imposed upon the Guest by current applicable building and housing codes; (6) Be responsible for all damage, defacement, or removal of any of the property inside or at the Premises unless the damage, defacement, or removal was due to ordinary wear and tear, acts of the Owner or his or her Agent, defective products, acts of third parties not invitees of the Guest, or natural forces; (7) Notify the Owner and/or Agent of the need for replacement or repair to a smoke detector.  Guest agrees not to use the Premises for any activity or purpose that violates any criminal law or governmental regulation.  Guest’s breach of any duty contained in this paragraph shall be considered material, and shall result in the termination of Guest’s tenancy.

19. Transfer of Premises.

1. If Owner voluntarily transfers the Premises, Guest has the right to enforce this Agreement against the grantee (new Owner) of the Premises if Guest’s occupancy under this Agreement is to end 180 days or less after the new Owner’s interest in the Premises is recorded.  If Guest’s occupancy is to end more than 180 days after such recordation, Guest has no right to enforce the terms of this Agreement unless the new Owner agrees in writing to honor this Agreement.  If the new Owner does not honor this Agreement, Guest is entitled to a refund of all advance rent paid by Guest (and other fees owed to third parties not already lawfully disbursed).  Within 20 days after transfer of the Premises, the new Owner or the new Owner’s agent is required to: (i) notify Guest in writing of the transfer of the Premises, the new Owner’s name and address, and the date the new Owner’s interest was recorded; and (ii) advise Guest whether Guest has the right to occupy the Premises subject to the terms of this Agreement or receive a refund of any payments made by Guest.  If the new Owner engages Agent to continue managing the Premises after the transfer, the new Owner shall have no obligation under (i) or (ii) above if this Agreement must be honored under the Vacation Rental Act or if the new Owner agrees in writing to honor this Agreement.
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 Guest (and other fees owed to third parties not already lawfully disbursed) to the Owner’s successor-in-interest within 30 days, and notify Guest by mail of such transfer and of the transferee’s name and address; however, if Guest’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 Guest (and other fees owed to third parties not already lawfully disbursed) must be transferred to Guest within 30 days.
3. If the Owner’s interest in the Premises is involuntarily transferred prior to Guest’s occupancy of the  Premises, the Owner is required to refund to Guest all advance rent paid by Guest (and other fees owed to third parties not already lawfully disbursed) within 60 days after the transfer.

20. Agent’s Ownership.  Agent and/or its employees may have Ownership interests in some of the properties offered for rent.  Vendors, Agencies, Utilities and/or others may pay fees or commissions to Agent for using their services.  SUCH FEES OR COMMISSIONS ARE DEEMED SOLELY THE INCOME OF AGENT.

21. Indemnification and Hold Harmless; Right of Entry; Assignment.  Guest agrees to indemnify and hold harmless Agent and Owner to the extent allowed by law from and against any liability for personal injury or property damage sustained by any person (including Guest’s guests).  This provision is not intended to insulate Owner from the obligation to comply with the duties imposed by the Vacation Rental Act.  Guest agrees that the Owner or their respective representatives may enter the Premises during reasonable hours to inspect the Premises, to make such repairs, alterations, or improvements thereto as Owner may deem appropriate or necessary pursuant to the Vacation Rental Act.  Guest understands and accepts that Agent is retained by Owner to manage the Premises for rental purposes; Agent is not responsible to inspect, maintain or repair the structural integrity of the Premises.  Owner will make arrangements with other independent contractors for those purposes.  Guest shall not assign this Agreement or sublet the Premises in whole or part without written permission of Agent.

22. Applicable Law.  This Agreement shall be governed by the construed in accordance with the laws of the State of North Carolina.  In the event of a dispute, all parties agree that any legal action shall be maintained in Hyde County, North Carolina.  All parties consent to Hyde County, North Carolina, jurisdiction.

23. Entire Agreement.  This Agreement is the entire agreement among the parties with respect to the subject matter hereof, and no representation or covenants, whether oral or written, have been made regarding the subject matter hereof except as provided herein.

24. Severability.  Every provision of this Agreement is intended to be severable.  If any term or provision hereof shall be declared illegal, invalid, or in conflict with North Carolina law for any reason whatsoever, or if the enforcement of any provision shall be waived, the validity of the remainder of this Agreement shall not be affected thereby.

25. CANCELLATION AGREEMENT.  All cancellations must be in writing to Agent.  After Guest’s written cancellation, if the Property is re-rented at or above the rental sum Guest agreed to pay, then Guest shall receive from Agent a refund or all payments made by Guest, less an administrative fee of $40.00, any fees owed to third parties to pay for any goods, services, or benefits procured by Agent for the benefit of Guest and any fees set forth herein payable to Agent for reservation, transfer or cancellation of Guest’s tenancy.  After Guest’s written cancellation, if the Property is not re-rented at or above the rental sum Guest agreed to pay, then Guest shall receive from agent a refund of all payments made by Guest, less an administrative fee of $40.00, any fees owed to third parties to pay for any goods, services, or benefits procured by Agent for the benefit of Guest, any fees set forth herein payable to Agent for reservation, transfer or cancellation of Guest’s tenancy and a monetary sum necessary to make the Owner receive the full rental amount as if Guest’s tenancy had not been cancelled.  After Guest’s written cancellation, if the Property is not re-rented, then Guest shall not be entitled to any refund of rent paid.  Whether or not the Property is re-rented, Guest, NOT AGENT, shall be responsible to seek reimbursement of any fees paid by Guest through Agent for goods, services or benefits procured by Agent from third parties for the benefit of Guest that may have been paid prior to Guest’s cancellation.  Refunds, if any, shall be processed by Agent no later than 60 days after Agent’s receipt of the re-rented advance rental payment.