Vacation Rental Agreement for Hidden Jewel
*Tax rates are calculated as of the time of this agreement.Guest shall be responsible for payment of all applicable taxes according torates in effect at the time of occupancy.
1. Reservations. Once agent takes a reservation fromGuest, Guest must forward a signed rental agreement and make payments at timesspecified in Agent’s policies. Unless the agreement and all required paymentsare received by Agent then the reservation may be cancelled without further notice.
2. Payment Policies. All payments are due no lessthan thirty (30) days prior to check-in. Payment can be made by MasterCard,Visa, Discover, money orders, cashier’s check, certified checks, company checks,and personal checks subject to the following conditions: (a) When payment ismade by credit card the person named and endorsing the Rental Agreement mustalso be the person whose name is on the credit card; (b) No personal checks orcompany checks will be accepted later than 14 days before check-in; and (c) A$25.00 service fee (or the maximum fee allowed by law) will be charged for allreturn checks.
3. Administrative Fee. A fee of $140.00 plus tax ischarged to Guest on Guest’s rental. Prices reflected in brochure and onlineinclude this fee with rental amount.
4. Partials. Some of our homes offer partial stays,requiring at least a three-night minimum, if booked within two weeks ofarrival. The rate is figured by taking the weekly rate and diving it by five.
5. Check-in. Guests may check-in after 4:00 p.m. atour office located at 935 Irvin Garrish Hwy, Ocracoke, N.C. No check-in will beallowed until all rent, taxes and fees have been paid in full. If you areunable to arrive at our office prior to close of business, please call forspecial instructions.
In extreme situations your check-in time may be delayeduntil 5:00 p.m. for special cleaning and/or maintenance. We do our best to accommodateearly check-ins but please remember there is no guarantee! We ask that you donot park at the home while it is being prepared for your arrival as this slowsthe process of cleaning, inspecting, etc.
6. Check-Out. On the day of departure the Premisesmust be vacated by 10:00 a.m. The keys must be returned to our office. Pleaseleave the property like you would like to find it if you were the one coming into clean; wash dishes, empty fridge, secure doors and windows, and place baggedtrash in bin outside. Failure to follow check-out procedures may result in areduction of your security deposit refund.
7. Disbursement of Rent and Third-Party Fees. Guestauthorizes Agent to disburse up to fifty percent (50%) of the rent set forth inParagraph 2 above to the Owner of the Premises (or as the Owner directs) priorto Guest’s occupancy of the premises and the balance of the rent shall bedisbursed to Owner (a) upon the commencement of the tenancy, (b) a materialbreach of this Agreement by Guest, or (c) as otherwise permitted under theVacation Rental Act. Guest agrees to pay a $25.00 processing fee for any checkof Guest that may be returned by the financial institution due to insufficientfunds or because Guest did not have an account at the financial institutionupon which the check was written. Guest also authorizes Agent to disburse priorto Guest’s occupancy of the Premises any fees owed to third parties to pay forany goods, services, or benefits procured by Agent for the benefit of Guest,including, but not limiting to, any fees set forth herein payable to Agent forreservation, transfer or cancellation of Guest’s tenancy.
8. Security Deposit. Any security deposit may beapplied to actual damages caused by Guest and Guests agents, guests or invitees,as permitted under the Tenant Security Deposit Act. In addition, Agent may deductfrom the security deposit the amount of any unpaid long distance or per-calltelephone charges and cable television charges that are not specificallydescribed in the Agreement as being included with the Premises. Agent shallapply, account for, or refund Guest’s security deposit within 45 days followingthe end of tenancy. In lieu of paying the Security Deposit (Damage Deposit)that is set by homeowner, Guest may purchase through Agent a Damage DepositWaiver. The Damage Deposit Waiver covers Accidental Damages up to $1500.00.Guest is responsible for any damages above that amount. Neither the SecurityDeposit or Damage Deposit Waiver cover intentional damages or neglect for theproperty including but not limited to smoking in a non-smoking property orviolating a no pet policy. If extra cleaning is needed as a result of theseviolation Guest will be responsible for these charges.
9. Trust Account. Any advance payment made by Guestshall be deposited in an interest-bearing trust account with Frist National Bank,located in Ocracoke, North Carolina. Guest agrees that any interest thereonshall accrue for the benefit of, and shall be paid to, the Owner (or as theoffice directs) as it accrues and as often as is permitted by the terms of theaccount.
10. Other Non-Availability of Property. In the eventthat the Owner is unable to deliver the Premises to Guest at check-in because ofany reason whatsoever, including, but not limited to damage to the Premises,acts of eminent domain, condemnation, acts of nature, double-booking or delaysin construction, then Guest’s sole remedy as a result of any of these conditionsis the full refund within 60 days of Agent’s discovery of the condition of allfunds previously received from Guest less fees paid to third parties for thebenefit of Guest as authorized. If Agent is able to relocate Guest, Guestagrees to pay any difference in rental rate. Guest expressly acknowledges thatin no event shall Agent or Owner be responsible to Guest for travel costs,food, meals, lodging or other expenses related to Guest’s relocation.
11. Mandatory Evacuation. If State or localauthorities order a mandatory evacuation of an area that includes the Premises,Guest shall comply with the order. There will be no refunds of any kind forhurricane evacuations. According to the North Carolina Vacation Rental Act, inthe event of a mandatory evacuation, “The Tenant shall not be entitled to arefund if: i.e. prior to the Tenant taking possession of the property, theTenant refused insurance offered by the landlord or real estate broker thatwould have compensated him or her for losses or damages resulting in loss ofuse of the property due to a mandatory evacuation order.”
12. Expedited Eviction. If the tenancy created hereunderis for 30 days or less, the expedited eviction procedures set forth in theVacation Rental Act will apply. Guest may be evicted under such procedures ifGuest: (a) holds over in possession after Guest’s tenancy has expired; (b)commits a material breach of any provision of this Agreement that according toits terms would result in the termination of Guest’s tenancy; (c) fails to payrent as required by this Agreement; or (d) has obtained possession of thePremises by fraud or misrepresentation.
13. Vacation Insurance. In partnership with Red SkyTravel Insurance, Blue Heron Realty offers our guests Vacation Insurance, andstrongly recommends it. Vacation Insurance is intended to protect Guests in theevent of unforeseen circumstances that cause cancellation or interruption ofyour vacation, including, but not limited to, mandatory evacuations in the areabefore or after check-in and medical emergencies. There will be NO refunds forany perils.
For more information on Vacation Insurance, please visit ourwebsite, www.blueheronvacations.com,and click on the Vacation Insurance link. You can also contact Red Sky directlyby phone at 866.889.7409.
14. Equipment and Furnishings. All properties are equippedwith normal housekeeping items, but Guest must furnish paper products, cleaningsupplies and linens. Properties are furnished according to individual Owner tastes.Agent is not responsible for Owners changing their furnishings after printingthe brochure or errors contained therein.
15. Pets. Some of our rental properties will acceptpets, please inquire when you book your reservation. All other rental propertiesDO NOT allow pets anywhere on the premises. If pets are not permitted and a petis found on the property, this is a material breach of the lease agreement.Blue Heron reserves the right to subject Tenant to an expedited eviction,additional cleaning charges, including but not limited to flea treatment of theproperty. Please be respectful of our homeowner’s policies in regards to pets.
16. Maximum Occupancy. Guest shall not permit thePremises to be occupied beyond the maximum occupancy, including children, ofeach said rental property. Violation of this prohibition will result in evictionor forfeiture of all monies paid. No RV’s or Campers may be parked on thePremises for the purpose of extra sleeping capacity. Our premises are NOTrented to the following groups: sororities, fraternities, graduation groups, orwedding groups per homeowner’s request.
17. Pools and Hot Tubs. Use of pools and Hot Tubs canpose ricks ranging from infections to drowning. Please use these facilitieswith care and at your own risk. Pool/spa workers may visit pools and hot tubsduring the period of Guest’s tenancy in order to monitor water quality andperform routine maintenance or repairs. DO NOT remove from pools and hot tubsdevices (whether floating or otherwise) that are present for the purpose ofdistributing cleaning chemicals. If a cleaning is required during Guest’stenancy due to misuse, the cost will be charged to the Guest.
18. The Guest Shall: (1) Keep the part of thePremises he or she occupies and uses as clean and safe as the conditions of thePremises permit and cause no unsafe or unsanitary conditions in the commonareas and remainder of the Premises; (2) Dispose of all ashes, rubbish,garbage, and other waste in a clean and safe manner; (3) keep all plumbingfixtures in the Premises or used by the Guest as clean as their conditionpermits; (4) Not deliberately or negligently destroy, deface, damage, or removeany part of the Premises or render inoperable the smoke detector provided bythe Owner, or knowingly permit any person to do so; (5) Comply with allobligations imposed upon the Guest by current applicable building or housingcodes; (6) Be responsible for all damage, defacement, or removal of any of theproperty inside or at the Premises unless the damage, defacement, or removalwas 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 naturalforces; (7) Notify the Owner and/or Agent of the need for replacement or repairto a smoke detector. Guest agrees not to use the Premises for any activity orpurpose that violates any criminal law or government regulation. Guest’s breachof any duty contained in this paragraph shall be considered material, and shallresult in the termination of Guest’s tenancy.
19. Transfer of Premises.
a.If Owner voluntarily transfers the Premises, Guest has the right to enforce thisAgreement against the grantee (new Owner) of the Premises if Guest’s occupancyunder this Agreement is to end 180 days or less after the new Owner’s interestin the Premises is recorded. If Guest’s occupancy is to end more than 180 daysafter such recordation, Guest has no right to enforce the terms of thisAgreement unless the new Owner agrees in writing to honor this Agreement. Ifthe new owner does not honor this Agreement, Guest is entitled to a refund ofall advance rent paid by Guest (and other fees owed to third parties notalready lawfully disbursed). Within 20 days after transfer of the Premises, thenew Owner or the new Owner’s agent is required to: (i) notify Guest in writingof the transfer of the Premises, the new Owner’s name and address, and the datethe new Owner’s interest was recorded; and (ii) advise Guest whether Guest hasthe right to occupy the Premises subject to the terms of this Agreement or receivea refund of any payments made by Guest. If the new Owner engages Agent tocontinue managing the Premises after the transfer, the new Owner shall have noobligation under (i) or (ii) above if this Agreement must be honored under theVacation Rental Act or if the new Owner agrees in writing to honor this Agreement.
b. Upontermination of the Owner’s interest in the Premises, whether by sale,assignment, death, appointment of a receiver or otherwise, the Owner, Owner’sagent, or real estate agent is required to transfer all advance rent paid byGuest (and other fees owed to third parties not already lawfully disbursed) tothe Owner’s successor-in-interest within 30 days, and notify Guest by mail ofsuch transfer and of the transferee’s name and address; however, if Guest’soccupancy under this Agreement is to end more than 180 days after recordationof the interest of the Owner’s successor-in-interest in the Premises, and thesuccessor-in-interest has not agreed to honor this Agreement, all advance rent paidby Guest (and other fees owed to third parties not already lawfully disbursed)must be transferred to Guest within 30 days.
c. Ifthe Owner’s interest in the Premises is involuntarily transferred prior to Guest’soccupancy of the Premises, the Owner is required to refund to Guest all advancerent paid by Guest (and other fees owed to third parties not already lawfullydisbursed) within 60 days after the transfer.
20. Agent’s Ownership. Agent and/or its employees mayhave 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 theirservices. 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 tothe extent allowed by law from and against any liability for personal injury orproperty damage sustained by any person (including Guest’s guests). Thisprovision is not intended to insulate Owner from the obligation to comply withthe duties imposed by the Vacation Rental Act. Guest agrees that the Owner ortheir respective representatives may enter the Premises during reasonable hoursto inspect the Premises, to make such repairs, alterations, or improvements theretoas Owner may deem appropriate or necessary pursuant to the Vacation Rental Act.Guest understands and accepts that Agent is retained by Owner to manage thePremises for rental purposes; Agent is not responsible to inspect, maintain orrepair the structural integrity of the Premises. Owner will make arrangementswith other independent contractors for those purposes. Guest shall not assignthis Agreement or sublet the Premises in whole or part without writtenpermission of Agent.
22. Applicable Law. This Agreement shall be governedby the construed in accordance with the laws of the State of North Carolina. Inthe event of a dispute, all parties agree that any legal action shall be maintainedin Hyde County, North Carolina. All parties consent to Hyde County, NorthCarolina, jurisdiction.
23. Entire Agreement. This agreement is the entireagreement among the parties with respect to the subject matter hereof, and norepresentation or covenants, whether oral or written, have been made regardingthe subject matter hereof except as provided herein.
24. Severability. Every provision of this Agreement isintended to be severable. If any term or provision hereof shall be declaredillegal, invalid, or in conflict with North Carolina law for any reasonwhatsoever, or if the enforcement of any provision shall be waived, thevalidity of the remainder of this Agreement shall not be affected thereby.
25. Cancellation Policy. In the event that you haveto cancel your reservation, Blue Heron Realty will do our best to try andrebook the property. If your reason for cancelling is NOT covered by VacationInsurance, or you declined Vacation Insurance, your only remedy will be if weare able to rebook the property thus providing you with a refund. Any paymentsmade will be refunded less a $50.00 cancellation fee, administrative fee, andtravel insurance premium if applicable and applicable taxes. If the property isrented for less than the rental rate indicated on your vacation agreement, youwill be responsible for the difference. If the property is not re-rented youwill forfeit any monies paid. Particular circumstances may be covered byVacation Insurance available to guests if purchased at the time of booking.
Addendum to Ocracoke’s Blue Heron Realty Vacation Rental Agreement:Additional Provisions
By making payment to Ocracoke’s Blue Heron Realty and/or bytaking possession of the rental property in accordance with the terms of yourlease, and in light of the impact of Hurricane Dorian and the COVID-19 virus,you acknowledge and agree to the following additional provisions of theVacation Rental Act:
1. Youand the other persons in your rental party understand that, as a result ofDorian and the virus, not all of Ocracoke’s facilities and attractions areavailable this year. Ocracoke is coming back strong, but some of the Ocracokeactivities and public accommodations you may have enjoyed in the past or mayhave anticipated will not be available during the period of your rental.
2. Bytaking possession of the rental property pursuant to your rental agreement, youcertify and attest that neither you nor any member of your rental party hasbeen tested positive for, or has exhibited symptoms of, the COVID-19 virus,within twenty-one (21) day period immediately prior to the beginning of yourrental period. In addition, in the event that during your rental period you, anymember of your rental party, or any person who visits any member of your rentalparty at the rental property, tests positive for, exhibits symptoms of, theCOVID-19 virus, then you and your rental party will immediately vacate therental property and notify the Ocracoke Health Center and Blue Heron Realty.
3. Wewill not be able to honor early check in requests as a result of the extracleaning/disinfecting required to ready your rental property.
4. Youand all members of your rental party, as well as all visitors to the rentalproperty during your rental period, hereby waive any and all rights against theowners of the rental property, the rental agent and their representatives andaffiliates arising from any COVID-19 infection or complications allegedlycontracted or incurred during your rental period. That renter agrees in any andall events to indemnify and hold harmless the owner and the rental agent andtheir representatives, and heirs successors or assigns in interest forever,from any and all liability of any type or nature that might arise from any COVID-19related issues as stated herein or that otherwise might exist.
5. Renterwill notify rental agent immediately if, within fourteen (14) days of departurefrom the rental property, renter, any member of the rental party, or anyvisitor to the rental property during the rental period tests positive for, orexhibits symptoms of, the COVID-19 virus.
