VACATION RENTAL AGREEMENT 2019
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 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.
1. ACCOMMODATIONS - Individually and privately owned, each rental home reflects the taste of its Owners. Speciality items vary. If the guest is renting more than one home, do not mix contents or rearrange furniture. Many homes have an Owner’s Locked Closet. Tampering with locked closets will result in a charge to Guest’s security deposit. (See SECURITY DEPOSIT/DAMAGES #43). Every effort is made to assure accurate descriptions with no misrepresentation intended. Alan Holden Vacations (AHV) will not be held responsible for errors in printing, changes made by Owners or matters out of AHV control, i.e. noise, construction, weather, etc. Complaints regarding accommodations must be submitted in writing to AHV prior to check-out for consideration by the Owner of the rental property. Substitutions and refunds will not be made upon arrival for any reason except as required by law.
2. AREA GROWTH – Construction & remodeling is occurring all along the coast of N.C. AHV cannot be responsible for homes that may be under construction next to or near the home Guests rent. New construction may also alter views from rental property.
3. CANCELLATIONS - Cancellation of a confirmed reservation must be received in writing for Guest’s protection. When the property is re-rented for the full period of the cancelled reservation and confirmed with full payment, a refund to guest will be issued, less a cancellation fee of 18% of Total Rent. (Minimum $350.00.) Processing fee and insurance premiums are non-refundable. If property is not re-rented for the full-time period of the cancelled reservation, all monies paid will be forfeited. Trip cancellation/interruption insurance is available and highly recommended (see INSURANCE #44).
4. CHECK-IN - Check-In time is 4:00 PM. Please remember that during prime season (June 1-August 2) each home in the AHV program must be readied for occupancy within a very tight time frame! In many cases, homes require maintenance repairs, additional cleaning time, etc. AHV will make every effort to ensure that all our properties are clean and ready for occupancy by 4:00 PM. However, in certain situations, it may be necessary to delay occupancy until the property is ready. There are no refunds for late occupancy. Guests are NOT allowed on the premises of the rental property prior to checking in and being authorized to go to the rental property with keys. Unauthorized presence may be deemed trespassing and an extra day of rent may be charged.
5. CHECK-OUT - Check-Out is at 10:00 AM. All properties must be vacated by 10:00 AM sharp on check-out day or guest will be subject to a late check-out fee up to twice the daily rental rate for any portion of day the tenant remains on/in the premises. This rent, plus any and all legal fees or other expenses resulting from this late check-out shall be paid by the tenant. Check-in and Check-out times are strictly enforced to have all of our homes in good condition for your vacation.
6. CLEANING - To ensure that homes are well maintained, cleaning and cross-inspection will occur after each departure by AHV housekeeping. Guest is required to (A) Empty all trash cans and remove trash from areas outside the home. (B) Wash and put away all dishes/pots/pans/silverware. (C) Ensure the home receives reasonable cleaning during your stay, i.e. vacuuming, sweeping, etc. (D) Leave furniture and other contents in original location and condition. (E) When departing, leave AC/Heat at 72 degrees. (F) Make all beds (if linens were supplied, place them back in the linen bag provided and set on porch for pick-up.) Failure to comply could result in a charge to Guest’s security deposit. (See SECURITY DEPOSIT/DAMAGES #43). Exit cleaning is automatically included in the flat rent (weekly only) that is paid by the tenant.
7. DISCLOSURE - AHV is employed by and represents the property Owner. Rentals are subject to the provisions of this agreement. AHV may receive compensation for phone services, linens, tools, insurance, or other goods and services that may be provided.
8. FORMS OF PAYMENT - Cash, money order, cashier’s check, personal checks (AHV cannot accept personal checks for reservations made less than 4 weeks in advance), MasterCard, Visa, American Express and Discover are accepted. AHV will send checks through the bank only once. There will be a $36 charge for any checks returned for insufficient funds or account closed and Guest’s reservation will be cancelled immediately. All funds must be paid in US currency and no third party checks will be accepted.
9. RESERVATION FEE – All reservations require a handling fee of $75.00 plus tax. This fee is non-refundable and must be paid with Guest’s Advance Rent. This fee must be disbursed to AHV prior to occupancy.
10. KEYS - A maximum of two keys are available for each home. Keys are presented upon check-in and must be returned to AHV before departure. There will be a $10.00 non-refundable fee per set charge for lost or unreturned keys (See SECURITY DEPOSIT/DAMAGES #43). An after hour’s drop-box is provided at AHV office.
11. LOCK-OUT POLICY - In the event a Guest is locked out of the home during the rental period, Guest may borrow a key by coming to the office. After business hours, the Guest must call the after-hours emergency line (910)842-6061 and leave a message. An AHV representative will meet the Guest at the office. There will be a $25.00 service charge, ($35.00 if key must be delivered). This fee is to be collected at the time service is rendered.
12. MAINTENANCE/REFUNDS - All equipment in each home should be in working order. Please report any inoperative equipment to the AHV office promptly! AHV will make every reasonable effort to have the problem corrected. Under no circumstances will there be a reduction of rent or refund for any mechanical failure of air conditioning, heating unit, dishwasher, elevator, washer, dryer, internet access, TV, DVD player, surround sound system, VCR (as VCRs become inoperative, they cannot be replaced), blender, toaster, or other appliances. Due to the tropical environment of Holden Beach, there will be NO REFUNDS for pest control issues. While rare, all pools/hot tubs are subject to temporary closing due to extenuating circumstances. No refund or rent reductions will be given if this occurs. THERE ARE NO REFUNDS FOR INCLEMENT WEATHER INCLUDING EVACUATIONS, POOL OR HOT TUB MALFUNCTIONS, ETC. (See INSURANCE #44)
13. MESSAGE/MAIL - Messages and mail may be received through and picked up at AHV. AHV does not deliver messages except in case of extreme emergency. After hours emergency messages should be directed to (910)842-6061, the Holden Beach Police (910)842-6707 or call 911.
14. OCCUPANCY - The number of Guests occupying, or on, the premises of a property is limited to the number stated on the confirmation with the exception of an infant requiring a crib. These limits are strictly enforced. All homes are limited to families or adults 24 years of age or older. Exceeding the specified occupancy constitutes a breach in the lease agreement and will lead to termination without refund of rent and possible security deposit charges. (See SECURITY DEPOSIT/DAMAGES #43)
15. SENIOR/MILITARY DISCOUNTS – Senior and Military discounts are offered on designated rental homes for weekly rentals during Resort and Value seasons. This discount is for Seniors, age 65 or older, and Active or Retired Military unless otherwise indicated. Discount must be made at time of booking. Military verification must be received 24 hours after booking. Discounts may not be combined.
16. PERSONAL PROPERTY - AHV will not responsible for personal items. $25.00 service charge and COD costs are required if Guest requests AHV to pick up and mails items.
17. PETS - Absolutely no pets are permitted in or on AHV rental properties, except in designated dog-friendly homes. No exceptions will be made. Violation of this policy will result in immediate eviction with no refunds. A fee will be charged to Guest security deposit to cover cost of cleaning, spraying, etc. Dog-friendly homes are limited to a single dog or 2 dogs with a combined weight not to exceed 50 lbs. Dog-friendly homes only allow friendly, housebroken, flea-free dogs that are on a vet approved monthly flea/tick prevention program. Guests with dogs must provide vet records, including Bordetella records. A security deposit is required for all dog-friendly homes rather than an “Accidental Damage Fee”. A non-refundable $200.00 pet fee will be required when bringing a dog. NC Laws with regard to the HANDICAPPED ARE HONORED. Under no circumstances are tenant’s visitors allowed to bring pets in or on the premises.
18. RESERVATIONS/PAYMENTS - All rentals are weekly from Saturday – Saturday or Sunday – Sunday during Prime Season. Reservations for less than a week can only be taken three (3) days in advance during prime season months. There is at least a two (2) night minimum. Last minute cancellations occasionally provide prime properties to become available. CALL US. To make a reservation: (A) Plan the vacation dates. (B) Select three or four appealing choices from AHV listings. (C) Online availability and booking can be found at www.Holden-Beach.com or call (910)842-6061 or (800)720-2200. (D) Once property is reserved, a lease agreement will be mailed immediately to Guest. (E) Sign lease agreement and mail back with Advanced Rent amount due (1/2 the rent, handling fee and trip cancellation insurance) immediately. GUEST MUST FILL OUT SECURITY DEPOSIT INFORMATION. The remaining balance plus tax will be due 30 days prior to Guest arrival/check-in date. A fee of $55 will be assessed on any late payment. IF THE ADVANCED RENT AND LEASE AGREEMENT ARE NOT RECEIVED WITHIN 14 DAYS, GUEST’S RESERVATION WILL AUTOMATICALLY BE CANCELLED. Reservations placed online must be confirmed with advanced payment by credit card at the time of booking. If guest places the reservation less than 4 weeks in advance, AHV requires confirmation by credit card. Guests needing reservations made less than 4 weeks prior to their arrival may overnight a money order or cashier’s check to AHV via one of the express mail carriers. Guest will receive a confirmation upon receipt of payment. ALL RENTAL MONIES MAY DEPOSIT INTO AHV INTEREST BEARING ESCROW ACCOUNTS AT FIRST BANK, 347 WHITEVILLE RD. NW, SHALLOTTE N.C.28470, IN BRUNSWICK COUNTY, WITH ACCRUED INTEREST PAID TO THE AGENT.
19. 2019 RATE SCHEDULE – Prime – June 1 thru August 2, Mid – May 25 thru May 31, August 3 thru August 9, Travel – May 11 thru May 24, August 10 thru August 16, Resort – April 20 thru May 10, August 17 thru September 6, Value – January 1 thru April 19, September 7 thru December 31.
20. RESERVATIONS FOR THE YEAR 2020 – Alan Holden Vacations loves repeat guests! Advance reservations for 2020 will be accepted. Owners and 2019 guests respectively have priority, the 2019 guests may reserve the same home/same calendar week for 2020 by Wednesday at 5:00 PM during the week of their 2019 stay. Please be aware that due to the natural shift of the calendar, the week you have booked may not be the same the following year (i.e. major holidays). The home will be available for general public reservations at 9:00 AM on Thursday for the same week in 2020. We require an Advance Rental Hold Fee of $60.00 per week plus sales tax. Guest has 14 days to confirm the reservation with payment. This advance rental hold fee is non-refundable and does not apply to the 2020 reservation expenses. All 2020 reservations booked in 2019 are tentative and are subject to price increase, change of amenities and availability/owner use.
21. SALE OF PROPERTY - If the property rented by Guest is For Sale, AHV sales staff may need to show the property during Guest’s stay. If this occurs, the sales staff will either call or stop by and make an appointment to ensure as little disturbance as possible.
22. SUBSTITUTION/NON-AVAILABILITY - Should the home confirmed by Guest become unavailable for any reason whatsoever, AHV will inform Guest when non-availability is absolutely certain, and prior to check-in whenever possible. Every attempt to relocate Guest to a comparable home will be made, unless guest requests a full refund, in which case all monies will be refunded. Guest will be responsible to pay any rental amount on a substitute home that exceeds the original reservation amount. If the owner has not made the property available on the dates and in the condition as required by law, a refund shall be made to the tenant.
23. TELEPHONES - Some of AHV homes do provide telephones for local calls only. To make long distance calls, Guests are required to use a calling card, or call collect. If long distance charges are incurred during a Guest’s stay, Guest will be charged on the security deposit the cost of the phone calls. Calls to Wilmington, Oak Island and other surrounding areas may be toll calls.
24. FORUM SELECTION CLAUSE – (A) This agreement shall be governed by and interpreted in accordance with the laws of the State of North Carolina. (B) This agreement shall be treated as though it were executed in the County of Brunswick, State of North Carolina, and were to have been performed in the County of Brunswick, State of North Carolina. Any action relating to this agreement shall only be instituted and prosecuted in courts in Brunswick County, North Carolina. Lessee/Tenant specifically consents to such jurisdiction and to extraterritorial service of process.
25. EARLY DISBURSEMENT - Any funds paid to AHV for goods or services procured by AHV may be disbursed prior to occupancy.
26. TAX - Taxes may change at any time. Taxes will be at the rate of the time of occupancy. Taxes will be disbursed upon termination of the tenancy or material breach of this agreement
27. PAYMENT - All rental funds are due prior to occupancy.
28. FURNISHINGS - The owner has furnished the home with basic needs for housekeeping, cooking, etc. Pillows and bedspreads are provided. Paper products, condiments and cleaning supplies are not. Phones and linens may be available. Pools, hot tubs, whirlpools, elevators and other special amenities will be maintained as well as possible but no refunds will be given with regards to the condition of these special amenities.
29. CAMPERS - No campers, tents or motor homes are allowed on the premises. Town ordinances prohibit occupancy of such outside of the campground.
30. GRILLS AND FIRES - No grilling on decks, porches or under house. Designated areas, driveways and yards are best suited for grilling. Town ordinances prohibit the use of fireworks on premises and do not allow fires on beach strand. Tenant will be held liable for any damages incurred.
31. HENNA TATTOOS – Henna tattoos are not allowed on premises and tenant will be held liable for any damage or replacement to include carpeting, bedspreads, furniture, decking, etc.
32. MAINTENANCE BY TENANT - Tenant shall comply with all laws and keep the premises clean and safe as possible. Dispose of all garbage and properly use the town trash cans as provided and required. Keep the plumbing free of toys and other foreign items. Tenant is not to allow damage to premises. Report all damages and problems to AHV. IN CASE OF EVACUATION TENANT SHALL: (1) Lock all windows and doors. (2) Take porch/patio furniture inside or otherwise secure as well as possible. (3) Close blinds and curtains. (4) Secure outside trash cans. Also check smoke detectors and notify AHV of any repairs needed immediately.
33. LANDLORD SHALL PROVIDE - The property shall be in safe, clean condition and shall meet the building and housing codes. Owner repairs shall be made upon proper notification and as soon as possible.
34. FUNDS TRANSFER - Funds may not be transferred from one rental to another. Only under special circumstances, (fire, legal requirement, hurricane, etc.) may cause this to be permitted.
35. SALE OF PROPERTY - If the property is voluntarily transferred by the landlord, a tenant has the right to enforce the Vacation Rental Act against the grantee of the property if the vacation rental is to end 180 days or less after the date the grantee’s interest in the property is recorded; if the vacation rental is to end more than 180 days after recordation of the grantee’s interest in the property, the tenant has no right to enforce the terms of the agreement unless the grantee agrees in writing to honor the agreement. If the grantee does not honor the agreement, the tenant is entitled to a full refund of any payments he or she has made. Within 10 days after transfer of the property Grantee shall: (1) Notify each tenant in writing of the transfer of Grantee’s name and address, and the date the Grantee’s interest was recorded. (2) Advise each tenant whether he or she has the right to occupy the property subject to the terms of the Vacation Rental Act. (3) Advise each tenant of whether he or she has the right to receive a refund of any payments made by him or her. Upon termination of the landlord’s interest in the property, whether by sale, assignment, death, appointment of receiver or otherwise, the landlord, landlord’s agent, or real estate agent is required to transfer all advance rent paid by the tenant (and other fees owed to third parties not already lawfully disbursed) to the landlord’s successor-in-interest within thirty days, and notify the tenant by mail of such transfer and of the transferees name and address. However, if the vacation rental is to end more than 180 days after the recordation of the landlord’s successor-in-interest in the property, and the landlord’s successor-in-interest has not agreed to honor the vacation rental, all advance rent paid by the tenant (and other fees owed to third parties not already lawfully disbursed) must be transferred to the tenant within thirty days. If the landlord’s interest in the property is involuntarily transferred to another prior to the tenant’s occupancy of the property, the landlord shall refund to the tenant any payments made by the tenant within sixty days after transfer.
36. EXPEDITED EVICTION - If the tenant’s occupancy is for less than ninety days and does any of the following: Holds over possession after his or her tenancy has expired; Has committed a material breach of the terms of the vacation rental agreement that, according to the terms of the agreement, results in the termination of his or her tenancy; Fails to pay rent as required by the agreement; Has obtained possession of the property by fraud or misrepresentation; The eviction will be the procedures set forth in Article 3 of Chapter 42 of the N.C. General Statutes.
37. RIGHT OF ENTRY - AHV, owner or their representative have the right to enter premises during tenancy to inspect, make repairs, or show the property for sale.
38. ENTIRE AGREEMENT - This agreement includes all of the agreements and no representation, inducements or other provisions contained in this agreement. This agreement is binding. If any party does not understand it, the party should seek legal help.
39. SUBLETTING OR ASSIGNMENT - NONE IS ALLOWED.
40. FAIR HOUSING - AHV conducts business without respect to race, color, religion, sex, national origin, handicap or family status of tenant.
41. BED LINENS – Bed linens are provided for some of the properties. Please review your properties description to confirm whether or not your property provides linens. Properties that provide linens will be provided to weekly rentals during Mid and Prime seasons. Each property that provides linens for a weekly rental will receive one set of sheets and pillowcases per bed (sofabeds, futons or other beds located outside of bedrooms not included).
42. PORTABLES - Due to safety and conservation concerns, portable Slip N’ Slides, pools, etc. are NOT allowed in rental units or on the premises.
43. SECURITY DEPOSIT/ACCIDENTAL DAMAGE FEE – AHV requires a Security Deposit and/or Accidental Damage Fee on ALL properties. A credit card number must be provided for any damages above the security deposit amount and if the accidental damage fee is chosen, any damages above $1500. Guests will be responsible for any damages to the home or theft of items from the home. Please report any damage upon occurrence. AHV inspectors walk through each home after check-out to insure the property is left in good order. Charges to guest’s credit card may include, but are not limited to: unauthorized late check-outs and unwarranted service calls. If a fee is charged, an explanation will be provided.
Security Deposits are a minimum of $250 for rent up to $1500. It is $400 for rent up to $2500 and $500 for rent over $2500. Security Deposits may be refunded up to 45 days after departure provided that the home has been left clean and undamaged.
Accidental Damage Fee: In lieu of a Security Deposit, AHV offers an $85, plus tax, non-refundable Accidental Damage Fee. The Accidental Damage Fee replaces the Security Deposit and prevents action against guest for accidental damages up to $1500. The Accidental Damage Fee does not cover excessive cleaning, phone charges, unreturned keys, theft, and negligent, malicious or intentional acts.
44. INSURANCE - Trip cancellation/interruption insurance charges are automatically added to Guest’s Advanced Rent. If Guest does not wish to purchase coverage, Guest may delete the charge by initialling where indicated on the lease. Premium is due with your advanced payment. AHV highly recommends purchase of this coverage for Guest’s financial protection. Cancellations due to sickness, death, mandatory evacuation or other emergencies can be covered. Only RENT is covered in the policy. No fees or additional charges of any kind will be covered. Call the insurance company directly for complete information. If coverage is for any reason refused, no refund will be given due to mandatory evacuation. The premium is based on the amount of rent.
45. NC VACATION RENTAL ACT – AHV ENCOURAGES GUESTS TO REVIEW THE NC VACATION RENTAL ACT. FOR DETAILS, RIGHTS, EVACUATIONS, ETC., PLEASE REFER TO WWW.NCGA.STATE.NC.US/GASCRIPTS/STATUTES/S TATUTESTOC.PL?CHAPTER=0042A