Vacation Rental Agreement for Windjammer 2-E
BOOKING A RESERVATION. A $115.00 (plus NC tax), non-refundable Reservation Fee will be charged where applicable. This fee covers added tenant services and administration costs. This payment is collected on a Visa, MasterCard, or Discover when booking your reservation. When time allows*, the total cost is split into two payments, the first payment being due at of time of booking. Payments can be made online by e-check or by phone by e-check or VISA, Mastercard, or Discover. Guests who pay by credit/debit card accept the "Convenient Payment Fee", where applicable, will have their second payment auto-charged on the same credit card on their due date, unless different arrangements are made by guest at least two weeks (14 days) prior to due date. McClure Realty Vacations will not be responsible for over-limit or other similar fees charged by a cardholder's bank. Guests who pay by check, money order, or e-check can have this fee removed from their reservation. Final payment must be in our office thirty (30) days before arrival date. If the first half is paid by check, money order, or e-check we request that the second half be paid using one of those methods as well. If the second half must be paid by credit card, a 3% processing fee will be applied to the second half. Within 30 days of arrival date (if second half payments are late) then checks can no longer be accepted and a credit card must be used with a 3% fee.
LAST MINUTE RESERVATIONS . When reservations are made within 30 days of your arrival date, we require confirmation and payment in full with a Visa, MasterCard, or Discover with no fee. No property is to be "held" with a credit card for any length of time for any reason. All reservations must be paid in full before arrival date.
DAMAGE COVERAGE . We offer a Worry-Free Program (damage waiver) to protect our renters from being responsible for accidental loss or damage to the rental unit up to $2000. Should you find any damage upon check-in or throughout your stay, report it immediately. The Worry-Free program does not release you of your duties as a tenant. Some damages will still be charged to you if they are a result of negligence or misuse of property.
*For some properties the Worry-Free option is not available, therefore a $500-$1000 refundable damage deposit is required.
TAXES . All rentals will be charged a North Carolina tax, a local occupancy tax, and Brunswick County tax. The current tax rate is a total of 12.75%.
CANCELLATIONS . If you cancel your reservation and the rental unit is re-rented for the entire period of your reservation, your payments will be refunded, less the reservation fee and less a fifteen percent (15%) cancellation fee. If the unit is not re-rented, your payments will be forfeited. We reserve the right to refuse rental, discontinue occupancy or refund deposits if, in the agency's opinion, such occupancy is detrimental to the premises.
CHECK-IN
Check in time is 3:00 PM. Some of our properties have keyless entry and some require guests to come to our office to pick up keys.
-If your property has keyless entry then you will be emailed and/or texted your pin code. Your pin code will start working at check-in time. Please follow the instructions in your email/text. Do not go to the property until check-in time.
-If your property requires keys, please come to our office to pick them up. Do not go directly to the unit. If someone other than the reservation name will need to pick up keys, please make sure we know. No one under 25 years of age will be allowed to pick up keys. For arrivals after closing time, please make sure to arrange to have your keys left out on our Late Arrival board outside our office. Directions to the property can be left upon request.
CHECK-OUT. Check out is no later than 10:00 AM. If bringing a pet, your check out time is 9:00 AM. Property must be vacated and keys turned in at the rental office by this time. If you plan to leave early, please drop your keys through the drop slot located in the rental office door. If your property is keyless, enter your closing code upon departure to tell our system you've checked out.
LATE ARRIVALS . Keys for late arrivals will be placed in the Late Check-in Board outside our office, in an envelope listed with the last name of the reservation party. Please call ahead if you need directions to the rental unit left with your keys.
CLEANING POLICY . Departure cleaning is included with most of our rentals, and is clearly indicated. If your unit includes cleaning, we still need your help with the following:
Remove all food from refrigerator and freezer.
Run the dishwasher if you have dishes on the last day.
Empty all trash into outside containers.
Deposit any rental linens into their bags and leave by the front door.
Lock all windows and doors.
*If your unit does not include cleaning, there will be cleaning instructions posted on the refrigerator, or you have the option to pay for cleaning at least two days prior to departure.
DESCRIPTIONS . All properties are individually owned, furnished, and decorated according to the owner's personal preferences. Every effort is made to ensure that information on this web site is accurate and complete; however, we cannot be held responsible for possible typographical errors or changes made by the homeowners in furnishings, equipment or bed arrangements. We reserve the right to correct such errors.
MAINTENANCE/REFUNDS . Please report any inoperative equipment to our office promptly. We will make every reasonable effort to correct the problem. Under no circumstances will there be a reduction in rent or refund for any mechanical failure of air conditioner, heating unit, dishwasher, washer, dryer, TV, DVD player, blenders, toasters, coffee makers and/or any other appliance.
ADVANCE RESERVATIONS . Reservations for the following year are welcome. Our current guests do have first choice of the same rental property for the same rental week the following year. Please make these reservations by end of business day Wednesday of your stay. A $75.00 hold fee is required to book a property for the following year. This fee is non-refundable, non-transferable, and will not be applied towards your reservation. Contracts will be sent in October and payment made by mid-November, or your reservation will be cancelled. The rental price and all rental reservations are subject to approval by our owners. If you would like to reserve a different property, please call our office as early as Friday to check availability.
TRAVEL INTERRUPTION INSURANCE. There will be no refund from McClure Realty Vacations in the event of a cancellation, including mandatory hurricane evacuation. For your financial protection, we highly recommend the optional purchase of travel interruption insurance to recoup your payments should your reservation have to be cancelled, or if the island authorities call for mandatory evacuation. We offer travel insurance through Red Sky Travel Insurance. Information will be included with your reservation.
OCCUPANCY . Please note the maximum number of people allowed in each property. We appreciate your compliance with this requirement. We do not rent to groups, house parties, sororities, fraternities, etc., only to families and couples. We do not rent to anyone under twenty five (25) years of age. We reserve the right to refuse occupancy if, in the agent's opinion, occupancy is detrimental to the property. Please do not tamper with any locked closets or other storage areas, as they are for the owner's private use.
CONSTRUCTION . Ocean Isle Beach has undergone rapid growth the past few years. Unfortunately, we cannot predict the location of all active construction on the island. There will be no refunds due to construction activity.
PETS . Unless specifically stated that the property is pet friendly, no pets of any kind will be allowed in our properties. If a pet is discovered, the guest will be asked to vacate immediately without any refunds, and a fee will be charged to your credit card to cover the cost of cleaning and spraying.
GARBAGE PICK-UP . Please pull carts to street for pick up on Tuesday and Friday, during April through September.
BEACH EQUIPMENT The Town of Ocean Isle Beach prohibits the use of cabanas, canopies, tents or awnings on the beach at any time. All personal items must be removed from the strand at the end of each day. Any personal item left on the beach between 7:00 p.m. and 7:30 a.m. will be removed and disposed of by the town.
SWIMMING POOLS Most pools at condominiums or community pools are open from Memorial Day through Labor Day. The opening and closing times vary and are at the discretion of the Property Owners Associations. Periodically, pools are closed for maintenance without prior notice.
THE FINE PRINT
1. Tenant's decision with respect to the purchase of travel insurance will affect Tenant's rights in the event of mandatory evacuation. See paragraph 10 below.
2. We offer a Worry-Free Damage Waiver to protect our guests against accidental loss or damage to the rental property during their stays, up to $2,000. Please report all damages that you notice upon check-in to avoid possible loss of the Worry-Free Protection. If any damage should occur during your stay, notify our office IMMEDIATELY. Purchasing the Worry-Free Program does not relieve your responsibilities as a tenant. You will be held responsible for obvious acts of neglect and any malicious damage and/or theft. The Worry-Free Protection does not cover loss or damage to renters' personal property. Also, in the event check-out procedures are not followed, you may be billed. We inspect every home after each party's departure. If damage is reported after your stay, you may be billed. *For some properties, the Worry-Free Damage Waiver is not available, therefore a refundable damage deposit of $500.00-$1000.00 is required.
3. Security Deposit. For some properties, the Worry-Free Damage Waiver is not available. For those properties, a refundable damage deposit of $500.00-$1,000.00 is required. This payment must be by check or money order. Damages and/or excessive cleaning may be charged against your damage deposit. Any refundable portion of your deposit will be refunded by check within 30 days of departure.
4. Disbursement of Rent and Third Party Fees. Tenant authorizes Agent to disburse up to fifty percent (50%) of the rent set forth above to the owner prior to Tenant's occupancy of the premises, and the balance of the rent upon commencement of the tenancy, a material breach of this agreement by tenant, or as otherwise permitted under the Vacation Rental Act. Tenant agrees to pay a $35.00 processing fee for any check of Tenant returned by the financial institution due to insufficient funds, or because tenant did not have an account at the financial institution. 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 reservation.
5. Trust account. Any advance payment made by tenant shall be deposited in a trust account with Truist located at 127 Causeway Drive, Ocean Isle Beach, NC 28469. 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.
6. 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; and notifying agent of the need of replacement of or repairs to a smoke detector, or replacing the batteries if needed during the tenancy. Tenant agrees not to use the premises for any activity or purpose that violates any criminal law or government 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.
7. 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, agency cannot provide the premises in a fit and habitable condition or substitute a reasonably comparable property in such condition, agent shall refund to tenant all payments made by tenant. Agent shall conduct all brokerage activities in regard to this agreement without respect to the race, color, religion, sex, national origin, handicap or familial status of any tenant.
8. Cancellation. In the event of a cancellation by tenant, if tenant purchased trip cancellation insurance, tenant must notify insurance company and agent immediately. Tenant must file a claim with insurance company to recoup any payments. If tenant has not purchased trip interruption insurance, tenant shall receive a refund all payments made, less the reservation fee, and an administrative fee of 15% only if the premises are rented for the same time period. If the premises are not re-rented, tenant will not be entitled to a refund of any rent payments. Whether or not the premises are re-rented, tenant, rather than agent, shall be responsible for seeking reimbursement of any fees paid by the tenant to agent for goods, services, or benefits procured by agent from third parties for the benefit of tenant that may have been paid out prior to tenant's cancellation.
9. Transfer of Premises.
1. If the owner voluntarily transfers the premises, tenant has the right to enforce this agreement against the grantee of the premises if tenant's occupancy under this agreement is to end 180 days or less after the grantee's interest in the premises is recorded. If tenant's occupancy is to end more than 180 days after such recordation, tenant has no right to enforce the terms of this agreement unless the grantee agrees in writing to honor this agreement. If the grantee does not honor this agreement, tenant is entitled to a refund of all rent paid by tenant. Within 10 days after transfer of the premises, the grantee of the grantee's agent is required to a) 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 b) advise tenant whether tenant has the right to occupy the premises subject to the terms of this agreement or receive a refund of any payments made by tenant.
2. Upon termination of the owner's interest in the premises, whether by sale, assignment, death, appointment of a receiver or otherwise, the owner, owner's agent, or real estate agent is required to transfer all advance rent paid by tenant to the owner's successor-in-interest within 30 days, and notify tenant by mail of such transfer and of the transferer'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 successor-in-interest has not agreed to honor this agreement, all advance rent paid by tenant must be returned to tenant within 30 days.
3. If the owner's interest in the premises is involuntarily transferred prior to tenant's occupancy of the premises, the owner is required to refund to tenant all advance rent paid by tenant within 60 days of the transfer.
10. 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 not be entitles to a refund if, prior to taking possession of the premises, tenant refused insurance offered by agent, which would have compensated tenant for losses or damages resulting from loss of use of the premises due to a mandatory evacuation order. If tenant has purchased insurance, tenant must file a claim with the insurance company for any refunds due.
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. Tenant may be evicted under such procedures if tenant a) holds over in possession after tenant's tenancy has expired; b) commits a material breach of any provision of this agreement; c) fails to pay rent as required by this agreement; and/or d) has obtained possession of the premises by fraud or misrepresentation.
12. Indemnification of Hold Harmless; Right of Entry; Assignment. Tenant agrees to indemnify and hold harmless agent and the owner from and
against any liability for personal injury or property 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 or their respective representatives may enter the premises during reasonable hours to inspect the premises, to make such repairs,
alterations 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.
13. Pets. Unless otherwise specifically permitted in this agreement, 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 forfeiture of all rents.
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 PROSSESSION 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.
McClure Realty Vacations
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www.mcclurerealtyvacations.com
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