THIS IS A VACATION RENTAL AGREEMENT UNDER THE NORTH CAROLINAbVACATION 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 TRAVELER. 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. AGENCY: As agent of the Owner, we hereby rent to the Traveler and the Traveler hereby rent from Agent, the Premises in accordance with the terms and conditions contained in this Agreement, including, but not limited to, the time period during which the Traveler are entitled to use the Premises, check-in and check-out times, and payment of the rental amount and other fees. In the event that any term of this Agreement varies from any term set forth in the Agent’s rental brochure or web site (including, but not limited to, the rental amount), the term specified in this Agreement shall govern absent written confirmation of a change. The information set forth above is incorporated into this Agreement by reference.
2. CHECK-IN/CHECK-OUT: You agree that check-in time is no earlier than 4:00 PM and check-out time is no later than 10:00 AM. Agent will use reasonable efforts to have the Premises ready for your occupancy at check-in time, but Agent cannot guarantee the exact time of occupancy. This agreement does not create a tenancy or residence. You must depart at the appropriate time. Upon checkout, please leave the property in the same condition as when you arrived, including but not limited to, cleaning of grills, if used. If departing on a weekend or holiday, trash may be left bagged in the garage. A member of our Departure Inspection Staff will remove all ashes from fireplaces. Remember, the property should be cleaned and vacated by 10:00 AM. Failure to comply with these requests may result in additional charges. After all windows and doors are secured and Traveler’s party has vacated the premises keys must be returned to lockbox. Please advise time of departure by calling the office and leaving a message.
3. PAYMENT SCHEDULE: Traveler required to pay a deposit of $170 when making a reservation, the remaining balance due after signed vacation rental agreement received (within 5 days of making the reservation).
4. FAMILY GROUPS WELCOME: All rental homes are for family groups only. Non-family groups require prior approval. No Traveler may assign or sublet the RentalProperty in whole or in part. Violations of these rules are grounds for eviction without refund. Traveler hereby acknowledges and grants specific permission to Agent to enter premises at any time for inspection purposes should Agent reasonably believe that Traveler is in violation of the rental agreement, is causing or has caused any damage to the Rental Property. Traveler further agrees to grant Agent access to Rental Property for purposes of maintenance and repair. If the property is listed “For Sale,” Traveler agrees to grant Agent access by scheduled appointment upon 24-hour notification. Every reasonable effort is made to accommodate the Traveler’s privacy and schedule.
5. RENTAL CAPACITY: Each home description states the maximum number of people the property sleeps, including children. This reflects the septic capacity of the property and beds in the home. These limits should never be exceeded. A breach of the maximum occupancy is treated as a violation of your lease agreement and is grounds for an eviction proceeding through the Vacation Rental Act of North Carolina. Additional guests visiting for a limited period of time such as Wedding groups or Family Reunions must be approved in advance.
6. RATES: Rates and amenities on this website are subject to change without advanced notice. The Agent shall insure that those changes are communicated to prospective Traveler before the signing of a Lease Agreement. Rates quoted are for up to the maximum number the house sleeps. Rates vary according to the season and holiday thereby assuring vacationers the best rate possible.
7. FEES: All bookings are subject to a $170 reservation fee, the reservation fee is non-refundable and must be paid with the balance of your rent prior to check-in. A credit card surcharge fee of 3.4% is applicable to all reservations.
8. CANCELLATION: Cancellations must be received in writing 60 days prior to check-in to receive a refund (less $170 reservation fee).
9. REFUNDS: Simply stated, once you have entered into a contract to rent a property, you are binding yourself to that property for that time. There should be no expectation of compensation or relocation because you are dissatisfied with the property or something in the property is not working to your satisfaction. Unlike a hotel, we cannot relocate you without specific authorization from the homeowner. Agent cannot be held responsible for typographical errors, omissions, and price changes by owners.
10. SECURITY/DAMAGE DEPOSIT: Charges over and above those agreed to by contract are the responsibility of the Traveler when:
• Damages to this property are beyond normal wear and tear.
• All debris, rubbish and discards are not placed in trashcans, dirty dishes are not placed in the dishwasher and cleaned and the fridge is not emptied.
• All keys are not left in the lock box or returned to the Agent.
• Linens are lost or damaged.
• Early check-ins or late checkouts are required.
• Charges are incurred due to contraband, pets or rent collection or services rendered during the stay.
• The Traveler is evicted by the Owner or Owner’s representative, the local lawenforcement or the security company employed by this Agent.
• Any unpaid long distance or per call telephone charges and cable television charges that are not specifically described in Agreement (including any and all addenda hereto) as being included with the Premises.
11. Disbursement of Rent and Third Party Fees. Traveler authorizes Agent to disburse up to fifty percent (50%) of the rent set forth above to Owner (or as the owner directs) prior to Traveler’s occupancy of the Premises, and the balance of the rent upon the commencement of the tenancy, a material breach of this Agreement by Traveler, or as otherwise permitted under the Vacation Rental Act. Traveler agrees to pay a $25.00 processing fee for any returned check returned by a financial institution due to insufficient funds or because Traveler did not have an account at the financial institution. Traveler also authorizes Agent to disburse prior to Traveler’s occupancy of the Premises any fees owed to third parties for goods, services, or benefits procured by Agent for the benefit of Traveler, including but not limited to any fees set forth herein payable to Agent for reservation, transfer or cancellation of Traveler’s tenancy.
12. Trust Account. Any advance payment made by Traveler shall be deposited in a Trust Account with PNC Bank located in Asheville, NC. Traveler 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.
13. Disputes: This Agreement shall be governed by and interpreted in accordance with the laws of the State of North Carolina, and shall be treated as though it were executed in the County of Buncombe, State of North Carolina. Any action relating to this Agreement shall be instituted and prosecuted only in the Buncombe County, North Carolina. You specifically consent to such jurisdiction and to extraterritorial service of process.
14. Expedited Eviction. A material breach of this Agreement by You, which, in the sole determination of the Agent, results in damage to the Premises, personal injury to you or others, a breach of the peace, a nuisance to others, or a violation of criminal law or local code, shall be grounds for termination of Your tenancy. If the tenancy created hereunder is for 30 days or less, the expedited eviction procedures set forth in the Vacation Rental Act will apply. You may be evicted under such procedures if You: (i) hold over in possession after Your tenancy has expired; (ii) commit a material breach of any provision of this Agreement that according to its terms would result in the termination of Your tenancy; (iii) fail to pay rent as required by this Agreement, or (iv) have obtained possession of the Premises by fraud or misrepresentation.
15. Other Addenda. Any addenda to this Agreement are described in the following and attached Rules and Regulations. Traveler agrees that Traveler has received and read the Rules and Regulations. Traveler agrees that Traveler has received and read the Rules and Regulations, and that they shall constitute an integral part of this Agreement.
Vacation Rental Agreement
Rules and Regulations
1. Lock box code will be provided the week of check in. Please remember to take this with you.
2. Check-in time is after 4 PM.
3. Possession of the property will not take place until entire rental amount is paid.
4. Keys not returned at checkout are subject to a $25/each charge.
1. All homes are equipped for basic needs and light housekeeping. All kitchens are equipped with a coffeemaker, microwave, range, refrigerator, and dishwasher unless otherwise specified in contract or brochure.
2. All linens and towels are provided with our rental properties at no additional charge. You will find your property clean and all beds made upon your arrival. Maid service is NOT provided during your stay.
3. A starter supply of toilet tissue, paper towels, dishwashing detergent and dishwashing liquid are provided. Any and all supplies beyond those initially provided are the Traveler’s responsibility.
4. All properties are equipped with a color TV and VCR/DVD. We regret that no replacement, repair guarantees and no refunds will be given for TV or VCR/DVD malfunctions.
5. The Agent makes reasonable effort to provide any special amenities (such as hot tubs, whirlpools, satellite TV, etc.) in good working order and repair them during the tenancy upon notice from Traveler. However, taking note that equipment is of such a nature that repairs cannot be immediate, or parts immediately secured, the Traveler understands that Agent can make no guarantees that any such amenities will be working during the entire tenancy. As a consequence the Traveler will not be entitled to a refund for malfunctions to special amenities.
1. Traveler agrees that property will not be used or occupied by more than the maximum allowable number of occupants set forth in agreement - this includes Traveler’s family (including all children) and guests. Occupancy in excess of the numbers established by contract will result in expedited eviction. Travelers are expected to gather their property, vacate the property, and comply with all the checkout rules and procedures.
2. No campers, mobile homes or tents permitted. And under no circumstances are campfires allowed.
3. No pets are allowed in any rental property unless Agent gives written permission. Any evidence that pets are or were inside the property will incur a $200 fee. To bring a pet into the premises is grounds for eviction.
4. Smoking is NOT allowed in any rental property. If smoking is detected a $200 fee FOR IONIZATION/AIR PURIFICATION OF THE PROPERTY will be charged. If cigarettes or cigars are found around the property a fee of $25/hour will be charged to pay for removal of odors, debris, damage and all smoking residue.
5. Houses are for lodging; parties are strictly prohibited. Any complaints filed with the police department against the Traveler are grounds for expedited eviction.
6. After hours lockout calls to locksmith and all expenses associated with lockouts are the Traveler’s responsibility.
7. Grilling is permitted. Propane refills are Tenant's responsibility. An additional cleaning fee of $25 will be charged to clean grill and fill propane tank.
8. No use of property for any reason or purpose, no activity that violates any criminal law or governmental regulation is permitted.
9. Commercial uses of property are prohibited.
10. Traveler is responsible for complying with additional and supplementary building's rules and regulations, as applicable.
11. HOT TUBS: Hot tubs when provided at the Rental Property are prepared and tested for proper and safe chemical levels prior to occupancy. If any of the following conditions exist at any time during your occupancy, call the nearest Agent’s office immediately and discontinue use until the tub safe for use:
a) Water clarity is milky or bottom of tub/pool is not visible;
b) Foam forms on surface when using jets;
c) Suspected misuse of tub/pool by spilling foreign substances (a Service Call Charge applies in this instance). Under no circumstances are pets
allowed in the hot tub. Due to the possibility of accident or injury, Agent prohibits children from using hot tubs. Also, the chemicals used to keep hot tubs sanitary may cause fading in some swimsuits and some individuals may experience mild skin rashes. Hot tubs MUST be covered after each use; this is how we ensure they are in proper working order and sanitary. Allowing trash into the hot tub damages the pumps and/ or filters, inevitably neglect of this kind will result in expensive repairs and the Tenant will be liable for damages.
12. The lake is spring fed and stocked. Catch and release fishing is permitted (Hidden Pond only) No swimming or boating is permitted.
Maintenance of Property by Tenant Traveler is bound by contract to maintain the property in accordance with Section 42A-32 of the Vacation Rental Act, including, but not limited to, the following:
1. Keep that part of the property, which Traveler occupies and uses, safe and clean. Traveler causes no unsafe or unsanitary conditions in the common areas and remainder of the property.
2. Under no circumstances is trash to be left on porches, decks, or any other exterior location.
3. Keep all plumbing fixtures in property or used by Traveler clean as their condition permits.
4. Not deliberately or negligently destroy, deface, damage or remove any part of the property or render inoperable a smoke detector provided by the landlord or knowingly permit any person to do so.
5. Comply with all obligations imposed upon Traveler by current applicable building and housing codes.
6. Be responsible for all damage, defacement, or removal of any property that is in Traveler's exclusive control unless the damage, defacement or removal was due to ordinary wear and tear, acts of the landlord or his Agent, defective products supplied or repairs authorized by the landlord, acts of third parties not invitees of the Traveler, or natural forces.
7. Notify the Landlord in writing of the need or replacement of or repairs to a smoke detector, and replace the batteries as needed during tenancy. Landlord duty to provide fit premises If, at the time the Tenant begins occupancy of the property, the Landlord or Agent cannot provide the property in a fit and habitable condition or substitute a reasonable comparable property in such condition, the landlord and agent shall refund to the Tenant all payments made by the Tenant.
Section 42A-31 of the VRA requires the landlord to:
1. Comply with all current applicable building and housing codes.
2. Make all repairs and do whatever is reasonably necessary to put and keep the property in a fit and habitable condition.
3. Keep all common areas of the property in safe condition.
4. Maintain in good working order and reasonably and promptly repair all electrical, plumbing, sanitary, heating, ventilating facilities and major appliances supplied by Agent upon written notification from the Tenant that repairs are needed.
5. Provide operable smoke detectors, replace or repair the smoke detectors if Tenant notifies the Landlord in writing that replacement or repair is needed. Agent annually replaces batteries in a battery-operated smoke detector.
6. Agent shall conduct all brokerage activities in regard to this Agreement with respect to the race, color, religion, sex, national origin, handicap or familial status of any Tenant.
1. Checkout is 10 a.m. A late checkout fee of $100/hour will be charged.
2. Tenant is responsible for the following upon check-out: please leave the property in the same condition as when you arrived, dishes should be washed and put away in proper cupboards; refrigerator should be emptied and contents disposed of properly; heat set on 50 degrees (winter only); 80 degrees (summer) all trash bagged and tied and placed in the trash cans provided, if cans full, leave in the garage; all windows and doors closed and locked.
3. Keys should be returned to the lockbox.
Transfers by Tenant
1. Tenant deposits are only applied to property in the original reservation.
2. Dates of occupancy must be changed 30 days in advance of original lease, subject to availability. The Tenant can transfer their reservation, but it needs to be within 12 months of the original reservation.
3. Transfer requests must be written.
4. If a transfer request is granted, original lease will become effective for new dates. Transfer of the property by owner
1. If the property is voluntarily transferred by Landlord, a Tenant has the right to enforce the vacation rental agreement against the grantee of the property if the vacation rental is to end 180 days or less after the date of the grantee's interest in the property is recorded (that is a mouthful and convoluted too); 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 her or she has made.
2. Within 10 days after transfer of property, grantee or grantee's agent shall:
• Notify each Tenant in writing of the property transfer, the grantee's name and address, and the date the grantee's interest was recorded.
• Advise each Tenant whether he or she has the right to occupy the property subject to the terms of the vacation rental agreement and the provisions of this section.
• Advise each Tenant of whether he or she has the right to receive a refund of any payments made by him or her.
3. Upon termination of the Landlord's interest in the property, whether by sale, assignment, death, appointment of a 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 recordation of the Landlord's successor-in-interest in the property, and the successor-in- interest has not agreed to honor the vacation rental, all advance rent paid by the Tenant must be transferred to the Tenant within thirty days.
4. 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 payment made by the Tenant within sixty days after the transfer.
Cancellation by Owner
Agent on behalf of Owner of property, reserves the right to cancel agreement at any time prior to Tenant taking possession of the property. In such event, all payments made by Tenant to Agent will be refunded, and neither the management firm nor owner will be liable for any damages of any sort incurred by Tenant as a result of such cancellation. If Tenant desires to be placed in alternative premises, CCMC, Inc. will make a good faith effort to relocate Tenant, but if the premises are more expensive, Tenant agrees to pay difference.
If the tenancy created herein 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:
1. Holds over in possession after Tenant's tenancy has expired.
2. Commits a material breach of nay provision of the Agreement (including any addendum hereto) that according to its terms would result in the termination of Tenant's tenancy.
3. Fails to pay rent as required by this Agreement.
4. Has obtained possession of the Premises by fraud or misrepresentation.
Mandatory Evacuation, State Road Closure
If state and local authorities order a mandatory evacuation of an area that includes the Premises, Tenant shall comply with the order. Upon compliance, Tenant will be entitled to a refund of the prorated rent for each night that Tenant is unable to occupy the Premises because of the order. In addition, if Tenant is unable to begin tenancy due to road closure by state or local authorities, a prorated refund for each night that Tenant is unable to occupy the premises will be issued. If state road are open and Tenant chooses not to begin occupancy, no refunds will be given. Agent will make its best effort to have private roads leading to Premises cleared of snow, however, no guarantee will be made that all roads will be considered passable and no refunds will be given based on snow removal, or lack thereof.
Indemnification and 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 failure of Agent or 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,
improvements or alterations thereto as Agent or Owner may deem appropriate, or to show the Premises to prospective purchasers or Tenant. Tenant shall not assign this Agreement or sublet the Premises in whole or part without written permission of Agent.
For long-term rentals it is strongly recommended a trusted friend view the Property in person before entering into this legally binding agreement. Website or oral descriptions do not always agree with a prospective Tenant’s imagination; we recommend viewing to ensure that you are satisfied with your choice.
Due to the occasional two to three heavy snows we experience between December and March we will do our best to accommodate you. We recommend a four-wheel drive in the event of snow.
LONG RANGE MOUNTAIN VIEW HOME: Traveller acknowledges that there is a home office in the basement of this home. The home office has a separate fenced entrance to the right of the garage. Any staff members utilizing this office will park in the driveway to the right of the house and enter through the fenced in yard. The lower deck is separated by a privacy fence to ensure guest privacy.
For all purposes hereunder facsimile or electronic signatures shall be deemed to be originals and such signatures shall be given the same effect, as would an original signature.
THE PARTIES ACKNOWLEDGE THAT THEY HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.
N.C. Real Estate License Number: 186892