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Vacation Rental Agreement
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 provisions permitting the disbursement
of rent prior to tenancy and expedited eviction of tenant. 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.
This agreement shall not be considered binding until signed by an authorized
Better Beach Rentals agent.
This Vacation Rental Agreement (“Agreement”) is entered into
by and between Better Beach Rentals as agent (“Agent”) for
the owner of the Property referred to herein as “Landlord”
and the undersigned “Tenant”, whether one or more persons.
RENTAL PROVISIONS
| Confirmation Number: |
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Better Beach Rentals |
| Tenant Name(s:) |
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5412 E. Oak Island Drive |
| Tenant Address: |
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Oak Island, NC 28465 |
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877-441-0009 Toll-free |
| Property Name: |
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910-278-8990 FAX |
| Property Address: |
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E-mail: info@betterbeachrentals.com |
| Property Telephone Number: |
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www.betterbeachrentals.com |
| Date Reservation Booked: |
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| Arrival Date: |
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Check-in time: NO EARLIER THAN 3:00 PM |
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except EARLY CHECK-INS paid in advance. |
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| Departure Date: |
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Departure Time: NO LATER THAN 10:00 AM |
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| Payment Information |
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| Advance Rent Deposit: |
$ |
Due Date: |
| Administration Fee: |
$40.00 |
Due Date: |
| Final Rent Deposit: |
$ |
Due Date: |
| Travel Insurance Premium: |
$ |
Due Date: |
| Taxes: |
$ |
Due Date: |
| Security Deposit: |
$ |
Due Date: |
| Pet Fee: |
$ |
Due Date: |
| TOTAL: |
$ |
Due Date: |
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| FIRST PAYMENT AMOUNT: |
$ |
DUE DATE: |
| (includes 50% of rental, administration fee, and
Travel Insurance Premium) |
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| FINAL PAYMENT AMOUNT: |
$ |
DUE DATE: |
| (includes balance of rental, taxes, Security Deposit
or Damage Waiver and Pet Fee, if applicable) |
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To charge your FIRST payment to a valid credit card, please
initial here:___________
To charge your FINAL payment to a valid credit card, please initial here:___________
Card type: Visa_______ MasterCard_______ Discover_______
Card Number:_____________________________________ Expiration Date:______________
Cardholder Signature:__________________________________________________________
In the event damages or theft exceed the amount of the Security Deposit
paid to and held by Better Beach Rentals (Agent), I hereby authorize Agent
to charge the above valid Visa/MasterCard/Discover account for such excess
damages.
Tenant Signature:______________________________________________________
| Please sign below to acknowledge that you have
read this Agreement in its entirety and agree to the terms and conditions
contained herein. Please initial the bottom of subsequent page AND
as indicated in Paragraph if declining Travel Protection Insurance.
This Agreement becomes valid when signed by both Tenant and Better
Beach Rentals. Tenant_________________________________
Better Beach Rentals__________________________
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In consideration of the mutual covenants and conditions herein, the Agent,
solely on behalf of the Landlord, does hereby lease and rent to the Tenant
the Property named herein on the following terms and conditions:
| 1. |
This Agreement is for the period set forth in the Rental Conditions and Payment Provisions indicated on page one of this Agreement and contains the entire agreement of the parties. There are no representations, inducements or provisions other than those express in writing as contained herein. Neither Landlord nor Agent, whether implied or inferred, has made any representations, agreements, undertakings or promises, unless expressly stated herein.
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| 2. |
INITIAL PAYMENT: This Agreement must be signed and returned to Agent within fourteen (14) days of making reservation and must include advance disbursement (50% of the rental rate), the $40.00 administration fee plus entire Travel Insurance Premium (unless waived). If tenancy is to begin within thirty (30) days or less of making reservation, this Agreement must be signed and returned to Agent within five (5) days of making reservation and must include payment in full (rent, taxes, Security Deposit or Damage Waiver Fee (as defined in Paragraph 4 below), and all other applicable fees. |
| 3. |
FUNDS RECEIVED: The remaining balances, plus taxes (7% State sales tax and 6% local occupancy tax, subject to change without notice), must be received in full by Better Beach Rentals thirty (30) days prior to check-in date. All payments must be made by personal, company, travelers or bank check, cash, money order or approved credit card (MasterCard, Visa or American Express). No personal or company check shall be accepted within thirty (30) days of check-in date; b) All monies received by Agent, including Security Deposit, will be held in an interest-bearing trust account with Coastal Federal Bank, Oak Island, North Carolina with such interest accrued to Agent; Tenant agrees to the advance disbursement of rents to the Landlord prior to occupancy as provided in the North Carolina Vacation Rental Act, not to exceed fifty percent (50%) of the total rent. In addition, fees owed to third parties to pay for goods, services or benefits secured for the Tenant will be disbursed prior to occupancy. Tenant understands that Agent is paid a fee by Landlord for the management of the Property
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| 4. |
SECURITY DEPOSIT: A Security Deposit in the amount of $250.00 is required with each rental and is to be paid with the last installment prior to tenancy. Upon termination of the Vacation Rental Agreement, Security Deposit (less any amount due for damages) shall be returned to the Tenant within forty-five (45) days of departure and inspection of the Property. For the purposes of this agreement, damages are defined as any physical damage to the property or its contents (including linens and bedding), theft, telephone toll charges, cleaning beyond normal parameters, trash removal, re-arrangement of furniture, loss of keys and late check-out. In the event damages exceed the amount of the Security Deposit, Tenant authorizes Agent to charge the valid credit card account indicated on page one of this Agreement for such excess damages. Further, in the unlikely event Agent has been unable to determine all damages prior to return of any portion of the Security Deposit to Tenant, Tenant authorizes Agent to charge such excess damages to the valid credit card indicated on Page One of this Agreement.
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| 5. |
RETURNED CHECKS: Any check returned for non-sufficient funds will be assessed a twenty-five dollar ($25.00) penalty.
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| 6. |
TRAVEL INTERRUPTION/CANCELLATION INSURANCE. Better Beach Rentals offers Travel Interruption/Cancellation Insurance for which they earn a commission. This reservation includes such insurance, which is intended to protect Tenant’s travel investment for limited, unforeseen circumstances that would cause cancellation or interruption of Tenant’s vacation, including mandatory evacuation. This coverage is OPTIONAL.
Any and all claims filed in connection with this coverage must be filed directly with CSA Travel Protection.
To decline coverage, please initial here___________ and deduct the travel insurance premium from the initial payment.
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| 7. |
MAINTENANCE and REPAIRS. Tenant is not entitled to a refund in the unlikely event for inoperative appliances, heating and air conditioning systems, hot tubs, spas or pools, or disruption of cable, satellite or utility services. Tenant should, however, notify Better Beach Rentals immediately of any of the above circumstances and every reasonable effort will be made to make repairs and resume service. Agent may enter the premises for the purpose of effecting such repairs or for inspection.
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| 8. |
SUBSTITUTION. If, at the time the Tenant is to begin occupancy of the property, the Landlord or Agent cannot provide the property in a fit and habitable condition or substitute a reasonably comparable property in such condition, the Agent shall refund to the Tenant all payments except for any non-refundable fees as set forth in Paragraph 10 herein.
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| 9. |
MANDATORY EVACUATION. In the event State or local authorities impose a mandatory evacuation of the property, Tenant shall comply with the evacuation order. Tenant shall not be entitled to any refund (full or partial) for any period Tenant was unable to occupy the Property, except as provided in Paragraph 6 above.
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| 10. |
CANCELLATION OR BREACH. (A) Cancellation by tenant must be in writing. In the case of an emergency cancellation made orally, written documentation must be presented as soon as possible. If agent is able to re-rent Property for the exact time period reserved by cancellingTenant, said Tenant shall receive the total rental payments back less a $75.00 cancellation fee and any amounts paid for Travel Interruption/Cancellation Protection Insurance. If Agent is unable to re-rent for the exact time period reserved by canceling Tenant, said Tenant will forfeit the total rental payments to compensate for the loss of rental income. However, any Security Deposit paid by Tenant will be refunded. Tenant will be entitled to reimbursement of any fees paid to Agent for goods, services or benefits procured by Agent from third parties for the benefit of Tenant that have not been paid out prior to cancellation. Tenant must seek reimbursement directly from third parties for fees that have already been paid by Agent. (B) Breach (violation of any terms or conditions of this Agreement) by Tenant or any member of their party may terminate this Agreement and Tenant shall be subject to eviction in accordance with Paragraph 11 herein, the North Carolina Vacation Rental Act, and the Policies and Procedures as set forth in publications and on the website of Better Beach Rentals. However, Security Deposit will be disbursed accordance with Paragraph 4 herein.
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| 11. |
EXPEDITED EVICTION PROCEEDINGS. Tenant understands and agrees that if any member of their party breaches any terms or conditions of this Agreement, it may be terminated by Agent and Tenant shall be subject to eviction as defined in Section 42-A-23 of the North Carolina General Statutes. A copy of the North Carolina Vacation Rental Act is available upon request from Agent or online at www.ncga.state.nc.us Look Up (Chapter #) 42A.
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| 12. |
SMOKE DETECTORS. Upon arrival, Tenant is responsible for checking all smoke detectors in the Property and to report any malfunction to Agent immediately.
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| 13. |
PET FEE (if permitted): A non-refundable $100.00 Pet Fee for one dog or a non-refundable $150.00 Pet Fee for two dogs which covers exterminating and pet hair removal will be assessed to Tenant for pet(s) brought onto those Properties permitting pets. Units not permitting pets are clearly defined in the Better Beach Rentals brochure and on its website. A violation of the pet rule will be grounds for eviction as defined in Paragraph 11 above.
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| 14. |
OCCUPANCY: The maximum occupancy allowed for each Property may not be exceeded at any time. Also, Agent is authorized through its contract with the Landlord, to rent only to family groups (husband and wife and their children; adult relatives and their children) or corporate-sponsored gatherings. A non-family group (young adults, high school students, fraternities and sororities) or any similar type of non-family group situation is strictly prohibited. Violation and/or misrepresentation of eligibility is grounds for immediate eviction. No exceptions and no refunds. The Tenant must be at least 25 years of age or older. House parties are specifically prohibited and cause for immediate eviction. Tenant understands that if any member of their party violates any of the conditions of this contract, Agent may terminate the Agreement and enter the Property by force or statutory procedures. If Tenant is in violation of this Agreement, contract will be terminated without refund. Campers, motor homes and tents are not to be connected to any Property. Tenant understands that if he or any member of his party violates any of the above conditions of this Agreement, Agent may terminate without refund and has the right to enter Property by force or statutory procedures.
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| 15. |
WAIVER OF LIABILITY FOR SPECIAL FEATURES. “Special Features” refer to such items as spas, hot tubs, Jacuzzis, whirlpools, saunas, and pools. Tenant assumes all responsibility for Tenant and all guests using “Special Features” and agrees to waive any claim whatsoever against Landlord or Agent for accidents or claims arising from their use. Tenant also understands and agrees that he is responsible for all misuse and negligence, whether by himself or any guest, and will and will pay Agent upon request for any damages that occur to Special Features and any of its support equipment. NO HOT TUB RENTALS PERMITTED.
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| 16. |
INDEMNIFICATION. Tenant shall indemnify and hold harmless Landlord and Agent against any liability for personal injury or property damage sustained by any person, including Tenant and his guests. |
| 17. |
ERRORS. Better Beach Rentals is not responsible for errors in printing including, but not limited to errors in any publications, website or contained in this Agreement.
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INITIAL HERE___________
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