Standard Terms and Conditions

Disbursement of Advance Rent and Fees

Your rental agreement shall not be binding upon Surf or Sound unless and until Surf or Sound has received one-half of the gross rent as advance rent and all checks have cleared the bank. You acknowledge and agree that you are not entitled to possession of the premises until the full rental amount agreed to has been paid. All advance payments, other that the security deposit, shall be deposited into a interest bearing trust account in the name of Surf or Sound Realty at East Carolina Bank in the Hatteras Island Plaza in Avon, North Carolina no more than three days after receipt. Tenant understands and agrees that interest earned on the trust account shall be paid to Surf or Sound Realty, and that if a refund of the original deposit or some portion thereof is made to the Tenant, no interest shall be paid to Tenant on those funds.

Tenant acknowledges and agrees that Surf or Sound shall not disburse more than fifty percent (50%) of the total rent prior to (1) the commencement of the tenancy (2) the Tenant commits a material breach, at which time Surf or Sound shall retain an amount sufficient to defray the actual damages suffered by the landlord as a result of the breach, or (3) Surf or Sound refunds the money to the Tenant or (4) the funds are transferred as required by N.C.G.S. 42A-19(b) upon the Landlord sale or other transfer of their interest in the property. Sales and occupancy taxes and your security deposit shall not be disbursed from the trust account prior to the termination of the tenancy or material breach of this agreement by the tenant, unless we refund the funds to you. Execution of this rental agreement by the Tenant does not waive any of Tenant's rights to reimbursement of such payments if the Tenant is lawfully entitled to reimbursement.

Surf or Sound shall hold your security deposit in their trust account. This security deposit shall be subject to the requirements of N.C.G.S. 42-50. Surf or Sound will, at the end of your stay, deduct from the security deposit the amount of any unpaid long distance or per call telephone charges and a $20 collection fee for the same, if any, any unpaid cable or satellite television charges that are the responsibility of the Tenant, if any, and for the repair or replacement of any actual damages caused by a breach of this agreement.

Processing Fees (Permitted Under G.S. 42A-17(c) of the Vacation Rental Act)

An additional non-refundable administrative fee of $90.00 is charged for each reservation. This fee, for purposes of this agreement, is included in the amount assigned as "rent." Furthermore, in the event that you may, under the terms and conditions of this agreement, cancel this reservation, and you decide to do so, an additional administrative fee of $100.00 for the processing of the cancellation shall be charged for each canceled reservation.

The Rights and Obligations of the Owner and Surf or Sound Realty (Under G.S. 42A-17(b) of the Vacation Rental Act)

Except as otherwise provided within this agreement, in the event that the landlord or Surf or Sound cannot provide the premises rented to the tenant in a fit and habitable condition or substitute a reasonably comparable property in such condition within a reasonable amount of time, Surf or Sound shall refund to the tenant all payments made by the Tenant via mail. Tenant understands and agrees that Surf or Sound shall determine what constitutes "a fit and habitable condition" as well as "a reasonably comparable property" as well as "a reasonable amount of time" and whether it is "available," in their sole discretion, and that Tenant shall be bound by Surf or Sound’s determinations.

Smoke Detectors

We make every effort to see that the smoke detectors in each building are operating properly. However, batteries in such devices, or the devices themselves, can fail at any time. Please check your smoke detector to be sure that the batteries and smoke detector itself are still operating properly. Notify us immediately if you find your detector, at any time during your stay, is not operating properly.

Repair of Facilities and Major Appliances

We make every effort to maintain in good and safe working order all electrical, plumbing, sanitary, heating, ventilating, and other facilities and major appliances supplied by the landlord. However, such items do fail on occasion. Please call Surf or Sound immediately upon finding any such device or appliance not working in a safe and good order so that we can remedy the situation as soon as possible. We are governed by Article 5 of the Vacation Rental Act and encourage you to review that article for further details on the duties and responsibilities of the Landlord and Tenant.

Expedited Eviction

In the event that you have misrepresented a material fact, including but not limited to questions such as whether or not you are a family group, the number of individuals staying in the rented premises, or are in material breach of the agreement, including but not limited to smoking in a non-smoking property, or housing pets in a no-pet property, the only remedy the law allows is an immediate eviction as set forth in N.C.G.S. 42A-24. The law allows us no alternative but to seek immediate eviction with no refund even though such action may be considered extremely harsh under the circumstances. To avoid such eviction, please conform to the conditions required by your rental agreement.

Mandatory Evacuation (Under G.S.41a-36 of the Vacation Rental Act)

Our island is subject to hurricanes. In the event a hurricane threatens our island; Dare County may issue a mandatory evacuation order. You, by law, are required to comply with the evacuation order. We strongly encourage you to consider vacation insurance, which would compensate you for losses or damages resulting from the loss of use of the property due to such a mandatory evacuation order. We have made considerable efforts to obtain for your benefit solid and well priced policies that would be available to you. We guarantee that the cost of insurance will not exceed eight percent (8%) of the total rent charged for the vacation rental.

The Rights and Obligations of the Owner or Real Estate Broker and the Tenant Upon the Transfer of the Rented Property

In the event the owner of the premises you have rented voluntarily transfers or sells the premises the grantee who takes ownership of the premises shall take ownership subject to this vacation rental agreement if the vacation rental is to end not later than 180 days after the grantee's interest to the property is recorded in the office of the register of deeds. In the event that your rental period is longer than 180 days from the recording of the grantee's interest, you, the tenant, shall have no right to enforce the terms of the agreement unless the grantee has agreed in writing to honor such terms, but Surf or Sound will either find an acceptable substitute that you may rent, or you may receive a refund of any payments by you for the rental of the premises. You should be aware that by law, in the event you have rented a house within 180 days of its transfer, Surf or Sound is required to disclose to the new buyer of your rented home your name and address and provide a copy of your vacation rental agreement to them. Surf or Sound will notify you if your rented house is transferred, advise you of your right to occupy the property subject to the terms of your rental agreement, and whether you are entitled to any refund of payments you have made.