TERMS AND CONDITIONS
This is a vacation rental agreement under the North Carolina Vacation Rental Act, which can be found in Section 42A of the North Carolina General Statutes, and many of the terms and conditions of the agreement are governed by those statutes. Surf or Sound Realty strongly encourages you to read the Act, which for your convenience may be found on our web site (www.surforsound.com). Also, incorporated within this agreement by reference, in addition to the terms set forth below, are the “Standard Terms and Conditions of Surf or Sound Realty” and “Rental Policies”, copies of which may be found on our website (www.surforsound.com). The “Standard Terms and Conditions of Surf or Sound Realty” contains information regarding (I) the manner in which funds are received, deposited, and disbursed in advance of Tenant’s occupancy of the Premises (II) administrative fees permitted under G.S. 42A-17(c) (III) the rights and obligations of the Landlord and Tenant under G.S. 42A-17(b) (IV) the applicability of expedited eviction procedures (V) the rights and obligations of the Landlord or real estate broker and the Tenant upon the transfer of the rented Premises (VI) the rights and obligations of the Landlord or real estate broker and the Tenant under G.S. 42A-36 and (VII) miscellaneous obligations of the Landlord and Tenant. North Carolina law shall govern this 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 NORTH CAROLINA LAW AND INCLUDE UNIQUE PROVISIONS PERMITTING THE DISBURSEMENT OF RENT PRIOR TO TENANCY AND EXPEDITED EVICTION OF TENANTS. YOUR SIGNATURE ON THIS AGREEMENT, PAYMENT OF MONEY OR TAKING POSSESSION OF THE PROPERTY AFTER RECEIPT OF THIS AGREEMENT IS EVIDENCE OF YOUR ACCEPTANCE OF THE AGREEMENT AND YOUR INTENTION TO USE THIS PROPERTY FOR A VACATION RENTAL.
1. The Premises are offered without respect to the race, color, religion, sex, sexual orientation, national origin, handicap, or familial status of any party or prospective party to the Agreement.
2. Advance Rent Payments
Tenant understands and agrees that advance payments up to 50% of the rental amount may be disbursed to the property owner (Owner) prior to occupancy. Monies received for insurances and other fees due Agent may be disbursed prior to occupancy. All monies received by Agent in connection with rental of Premises are deposited in an interest-bearing trust account with First National Bank, PO Box 770, Avon, NC 27915 with interest payable to Agent. Agent is not liable to Tenant for any refunds that Owner does not return to Agent.
3. Cancellations
If you wish to cancel your reservation after we have received your initial payment, your cancellation must be in writing. We will make every effort to re-rent the Premises, but if we are unable to do so, the full rental amount, including taxes and all applicable fees, is due and payable. If we re-rent the Premises at your same rental rate all monies paid (less a $200.00 cancellation fee, Travel Insurance and Vacation Rental Protection Plan fee, late fees, credit and debit card fees, check fees and all applicable taxes) will be returned only if and when full payment is received for the new reservation. Tenant agrees to make all normally scheduled payments by the payment due date until the Premises are re-rented, including those payments automatically scheduled per a selected payment plan. Tenant understands and agrees that they may not assign this agreement to another party or sublet the Premises in whole or part. In order to re-rent the Premises, it may be necessary to reduce the rental rate. Agent reserves the right to reduce the rental rate for the sublease at its own discretion. Any reductions in the rental rate will reduce your refund. Any funds returned will be credited to the debit or credit card(s) used to make payments in the amounts charged to each card, which may or may not belong to the leaseholder. If payment was made by check, then any funds returned will be sent to the individual(s) that submitted the check(s), which may or may not be the leaseholder.
4. Payments
We do not send out billing notices. If a payment is not received by its scheduled due date in accordance with this lease, a $35 plus tax late fee will apply and we will consider the lease breached. We may also cancel the reservation and re-rent the Premises (see paragraph 3 “Cancellations”). Checks should be made payable to Surf or Sound Realty. Personal checks, cashier’s checks, traveler’s checks and money orders must be received within 24 hours of reservation. Mailed payments should be sent via overnight air. Please email the overnight tracking number to accountingdept@surforsound.com. Agent will charge a $100 plus tax fee for all checks returned unpaid. A convenience fee will be applied to all credit card, debit card, and check payments. The fee will be displayed in the cost summary prior to completing your reservation. Tenant specifically agrees that the signing of this Lease and initial payment constitutes acceptance of all Terms and Conditions, makes this Lease contractually binding and completes this purchase. Tenant agrees that purchase takes place at time of initial payment, not at time of possession/occupancy of the Premises. TENANT SPECIFICALLY WAIVES ALL RIGHTS TO CREDIT/DEBIT CARD CHARGE BACKS.
5. Taxes
A 6.75% state sales tax and a 6% county occupancy tax are required on all rents and other fees associated with the reservation except for Travel Insurance and Vacation Rental Protection Plan fee. Taxes are subject to change without notice.
6. Vacation Rental Protection Plan
Purchase of this $95 plus tax plan is mandatory and excludes the Tenant from paying for damage to Premises deemed accidental in the sole discretion of Surf or Sound Realty. The fee does not exempt Tenant from theft, intentional damage, gross negligence or unauthorized utility charges. If there is previous damage to Premises, it must be reported to our office upon Tenant’s arrival or Tenant will be held responsible. Tenant must notify Surf or Sound Realty of any damage to Premises during their occupancy. Tenant shall be responsible for all unreported damages and any items found missing from Premises following their occupancy. Damages not covered by this plan, including unauthorized utility charges, including satellite and cable television, will be the responsibility of the Tenant. Tenant hereby authorizes any such costs or charges to be charged against the credit/debit card used to make any previous payments associated with this reservation.
7. Check-In
Check-in time is 4:00 - 6:00 pm based on home readiness. To avoid delays in cleaning and inspection of the Premises, it is essential that you do not go to the Premises before it is ready for occupancy and you have received the KABA door entry code. Taking possession of the property before it is released for occupancy will result in additional delay. Surf or Sound Realty makes every effort to prepare all units for occupancy by 6:00 pm. However, due to our high standard of cleanliness, it may be necessary to delay check in until after 6:00 pm, especially during times of high demand. Tenant understands and agrees that there will be no refund or discount for such late occupancy.
8. Early Check-In
Early check-in is available for many of our homes. If applicable, the non-refundable early check-in fee is $50 - $500 plus tax. If approved, Tenant will gain access to a minimum of the lowest living area of the home and pool area (if applicable), including use of a full bathroom and a refrigerator by 1:00 pm on check-in day. If there is no refrigerator or full bathroom on the lowest living level, Tenant will have access to the next nearest bathroom and refrigerator.
9. Home Service Fee
A non-refundable home service fee of $95 to $1,195 plus applicable taxes, is applied to each reservation.
10. Check-Out
Our cleaning and inspection staff depends upon your timely departure so they can prepare the Premises for the next scheduled Tenants. Tenant is responsible for removing all personal belongings and completion of the check-out procedures. Premises must be vacated by 10:00 am on the day of check-out or Tenant will be in material breach of this agreement as well as subject to a late check-out fee of $200.00 per hour. In the event Tenant does not check out on the scheduled check-out day, Tenant will be charged the full rent for the next rental week and subject to immediate expedited eviction. Items left by Tenant on the Premises after check-out are not the responsibility of Agent. Tenant hereby authorizes any such costs or charges due under this paragraph to be charged against the credit/debit card used to make any previous payments associated with the reservation. No refunds will be given for early departure.
11. Occupancy
The maximum number of guests permitted may not exceed the intended occupancy of the Premises. The hosting of parties, which would increase maximum occupancy at the Premises, is a violation of the vacation rental agreement. Occupancy limits are strictly enforced. Over-occupancy constitutes a material breach of this agreement and is subject to immediate expedited eviction and forfeiture of all rents and fees paid.
12. Rules of the House
Tenant hereby acknowledges that they have read the terms and conditions of this Agreement as set forth herein, the “Standard Terms and Conditions of Surf or Sound Realty” and “Rental Policies” as can be found on our web site (www.surforsound.com) and agree to be bound by all terms and conditions contained therein. If Tenant or guests of Tenant intentionally damage the property or act in a manner, which results in damage to the property, including misuse, destruction of, or tampering with the furnishings, fixtures and equipment including, but not limited to, elevators, appliances, HVAC equipment, electrical, plumbing, audio/video, and thermostats, or act in such a way as to create a safety risk to the Tenant or any other person, then the Tenant will have committed a material breach of the terms of this Vacation Rental Agreement and are liable for all damages to Premises and subject to immediate expedited eviction and forfeiture of all monies paid.
13. Family Groups and Age Requirements
Surf or Sound Realty rents to Family Groups only. A family group is defined as immediate and extended family (parents, children, grandparents, siblings). No fraternities, sororities, college, school, church, civic or other non-family groups are permitted. Additionally, all family members less than 27 years of age must be supervised by at least two accompanying adults 35 years of age or older at all times during tenancy. The supervising adults must also be present at check-in and remain for the duration of tenancy. In the event Agent determines at check-in or thereafter that Tenants are not a family group or do not meet the specified age requirements, Tenant will be in material breach of the lease and will be denied access to the Premises or be subject to immediate expedited eviction and forfeiture of all monies paid. Tenant agrees to furnish proper photo identification upon request to verify that they are the Tenant as set forth herein, that they are a family group, and that they meet the specified age requirements. These rules are strictly enforced!
14. Animals
Animals of any kind are not permitted at most of our homes. Those homes allowing animals only allow dogs. Most homes allowing dogs only permit two housebroken dogs (restrictions may apply) unless additional dogs are disclosed and pre-approved at time of reservation. An additional $200 per week non-refundable dog fee plus all applicable taxes is charged for each approved dog. Any non-declared or unapproved dogs will be charged the standard $200 per week non-refundable dog fee as well as a $200 per week non-declared dog fee for a total of $400 per dog per week plus applicable taxes. The dog fee may not be removed from the reservation or otherwise refunded after check-in. A dog or animal of any kind on the Premises of a non-dog house or any animal other than a dog on the Premises of a dog-permitted house is absolutely prohibited, a material breach of this agreement, grounds for immediate expedited eviction, will cause forfeiture of all rents and fees paid, and will be subject to the same $400 per dog per week fee as well as the cost of full carpet cleaning and flea treatment. This rule is strictly enforced! Agent reserves the right to inspect Premises without notice to verify compliance. Dogs are strictly prohibited in the pool or spa and any violation will be subject to an additional $200 fee.
15. Smoking/Vaping in a Non-Smoking/Vaping Home
Almost all homes are non-smoking/vaping. If any member of your vacation party smokes or vapes, we respectfully request that you not reserve a non-smoking/vaping home. If our cleaning/inspection staff detects evidence of smoking/vaping within a non-smoking/vaping home, Tenant will be responsible for the entire cost of cleaning and deodorizing and hereby authorizes any such costs to be charged against the credit/debit card used to make any previous payments associated with this reservation. Non-smoking/vaping rules are strictly enforced.
16. Mobile Homes, Tents, RVs, and Campers
No mobile homes, trucks with campers, camping trailers, tents or other accommodations of any type are permitted on the Premises during tenancy. Violation of this rule is a material breach of the agreement and grounds for immediate expedited eviction.
17. Electric Vehicle Charging
No charging of electric vehicles is permitted at the Premises unless an EV charging station is listed as an amenity for the Premises on our website (surforsound.com). Tenant agrees to pay an additional $500 fee plus taxes for each unauthorized incident of electric vehicle(s) charging at the Premises, i.e. – two charges to one EV or one charge to two EVs would result in a $1,000 fee. Agent will have absolute and sole discretion in determining if a violation has occurred and Tenant hereby authorizes any such fees to be charged against the credit/debit card on file used to make any previous payments associated with this reservation.
18. Weddings, Receptions, and Events
No weddings, receptions, parties, events, or other large gatherings, which would exceed the intended occupancy of the Premises, are permitted unless pre-approved in writing by Agent at time of reservation. A cash security deposit and event fee will be charged for all approved events. Violation of these terms may result in immediate expedited eviction without refund per the N.C. Vacation Rental Act.
19. Construction
New homes are constructed regularly in our area. There are no refunds or discounts given for construction occurring near or adjacent to the Premises. Dare County’s noise ordinance is enforceable from 11:00 pm to 7:00 am.
20. NPS Access Restrictions
The beaches of Hatteras Island are part of Cape Hatteras National Seashore and under the jurisdiction of the National Park Service (NPS). Beach closures by NPS, including but not limited to seasonal closures for wildlife protection, government shutdown, beach re-nourishment, or adverse conditions can occur. No refunds or relocation will be granted for such events. Boardwalks and docks, if damaged, may not be permitted by the Coastal Area Management Act (CAMA) or NPS, to be repaired or rebuilt in the same configuration, or at all. Photos on the website (www.surforsound.com) may not accurately reflect the current design of beachfront steps, boardwalks, dune decks, boat docks, or boat slips. No refunds or relocation will be granted for such events.
21. Under Construction
New homes under construction may be delayed and unavailable through no fault of the Agent/Owner. If the Premises is unavailable due to construction delays, Agent/Owner obligations are limited to a full refund of all monies received. Tenant waives all claims against Agent/Owner for non-completion of any property under construction. Under no circumstances will Surf or Sound Realty or the Owner provide any additional monies to rent another property, travel expenses, etc.
22. Maintenance and Repairs
Every reasonable effort is made to keep each property and its equipment in good working order. Please notify Surf or Sound Realty promptly of any difficulty you incur during your stay. Due to the remote nature of our area and the inability to obtain replacement parts quickly, immediate servicing of malfunctioning units may not be possible. Therefore, dishwashers, microwaves, washers, dryers, TV’s, VCR’s, DVD’s, Blu-Ray players, stereos, wireless internet, Bluetooth, air conditioners, hot tubs, swimming pools, pool heaters, elevators, luggage lifts and other non-essential items are not guaranteed to be operational. Surf or Sound Realty, upon notice by Tenant, will make every effort to have such items repaired as quickly as possible. Replacements are not provided. There will be no refunds or discounts for such non-operational amenities. Owner and/or Agent shall have the right to inspect Premises during tenancy and make repairs during the rental period.
23. Pools and Spas
Pools and Spas are to be used at the Tenant’s and their guest’s own risk. Spas are prepared for Tenant’s use prior to arrival. Should the spa become unsanitary at Agent’s discretion, the spa will be shut down for the remainder of the stay or Tenant may pay an additional fee to have the spa emptied and refilled. Please see posted rules of use to avoid unsanitary conditions. Pool heaters, when pool heat is purchased, are set to 80 degrees, but pool temperature cannot be guaranteed. No refunds will be given if the pool heat does not reach the desired temperature of 80 degrees. Dogs are strictly prohibited in pools or spas and any violation will be subject to an additional $200 fee. Owner and Agent are not responsible for the opening or closing dates of community pools.
24. Access to Premises
If the Premises are listed for sale, Tenant agrees, with four-hour notice, to allow access to the Premises for real estate Agents, prospective buyers, inspectors, and appraisers.
25. Surveillance Systems
Tenant is advised that many homes and some common areas may be equipped with security cameras covering the exterior of the property. By execution of this lease agreement, Tenant consents to the use of such surveillance equipment.
26. Evacuations, Closures, Inaccessibility, Hurricanes and Travel Insurance
If a mandatory evacuation is ordered by Dare County, Tenant agrees to follow Hurricane Policy and Procedures as directed by Agent and evacuate as instructed. Failure to do so will constitute an act of trespass and will initiate an immediate expedited eviction in which Tenant will be evicted and not allowed to return to Premises after the evacuation order is lifted. Owner and Agent provide NO REFUNDS DUE TO VOLUNTARY OR MANDATORY EVACUATION AS A RESULT OF MAN-MADE EVENTS OR ACTS OF NATURE OR INACCESSIBILITY FOR ANY OTHER REASONS SUCH AS GOVERNMENT ORDERED TRAVEL RESTRICTIONS OR AREA CLOSURES, ROAD CLOSURES, SUSPENSION OF FERRY SERVICE, STORMS OR STORM DAMAGE, OTHER GOVERNMENTAL ACTS OR ACTS OF GOD. Owner and Agent strongly recommend the purchase of travel insurance as noted during the booking process. The insurance amount is shown on page 1 of this lease and is non-refundable. Tenant may elect coverage by initialing the appropriate space on page 1 of this Agreement and paying the adjusted amount. Insurance cannot be purchased after final payment has been made. The Travel Insurance terms and conditions are made and administered by the insurer (please refer to a copy of their Insurance Policy for specific information). Agent receives a fee from the insurance company.
27. Limitations of Remedies, Damages and Indemnity
Surf or Sound Realty is acting as Agent for, and on behalf of, the Owner of the Premises. The Premises may or may not be owned by a North Carolina Real Estate Licensee. All reservations are contingent upon the homeowner making the given time period available for rental. In the event Agent is unable to deliver possession of the Premises to Tenant under this lease agreement because of the Owner’s use of the specified lease period, Tenant hereby agrees that their sole remedy is a full refund of all rents, fees and taxes held by Agent. Tenant will hold harmless Agent and Owner for any consequential or secondary damages that Tenant suffers due to unavailability of the Premises, including but not limited to expenses incurred as a result of travel, or renting alternative housing. Owner is responsible for the refund of advance rental payments made by Tenant and disbursed to Owner. If the Premises are unavailable for occupancy due to voluntary or mandatory evacuation as a result of man-made events or acts of nature or inaccessibility for any other reasons such as government ordered travel restrictions or area closures, road closures, suspension of ferry service, storms or storm damage, etc. no refunds will be given. Please see paragraph 26 of this Agreement entitled “Evacuations, Closures, Inaccessibility, Hurricanes and Travel Insurance”. Tenant also agrees that in the case of a double booking, Tenant is only entitled to the full refund of all consideration previously tendered by Tenant. Tenant agrees to release and indemnify the Owner and his Agent from and against all liability for injury to the person of the Tenant or to any member of their party resulting from any cause whatsoever, except for such personal injury caused by the gross negligence or intentional acts of the Owner or Agent. Tenant shall not be entitled to any refund due to unfavorable weather, voluntary or mandatory evacuation, acts of government, road closures, travel restrictions, or disruption of utility services (including water, gas, electricity, phone, WIFI/internet, and satellite or cable TV). Tenant agrees to be responsible for any necessary repairs due to their intentional or negligent acts or failure to act as well as any pet damage.
28. Severability of Provisions
If by operation of law any provision of this agreement is or becomes unenforceable, all remaining lawful provisions shall be enforceable.
29. Attorney Fees and Court Costs
If either party fails to keep and perform any agreement or provision hereof, the non-breaching party shall be entitled to recover reasonable attorneys' fees and any and all other expenses incurred in any actions instituted to enforce the provisions of this Agreement, including filing fees, court costs, and court reporter costs. The parties specifically acknowledge each has been advised that under Bromhal v. Stott, 341 N.C. 702, 462 S.E.2d 219 (1995) the Supreme Court of North Carolina has held that provisions such as this one whereby a breaching party is required to pay the non-breaching party's attorneys' fees are valid and enforceable. Failure to enforce any specific provision of this Agreement does not constitute a waiver of any additional provisions or remedies by either party.
30. Legal Rights
Each party, at the time of the execution of this instrument, has had the opportunity to review this Lease, with counsel of their own choosing and has decided not to seek any additional legal counsel and to waive any legal rights he, she, they or it may have in addition to those provided herein, and warrant they have executed this instrument freely, understanding the full and precise meaning of this instrument I have read and fully understand my Legal Rights under this Lease Agreement.
31. Jurisdiction and Venue
Any dispute arising out of this lease will be interpreted under the law of the State of North Carolina and the venue and jurisdiction to interpret any provision hereof or the breach hereof will be in the General Courts of Justice of Dare County, North Carolina, either the District Court or the Superior Court Division depending on the amount in controversy.