VACATION RENTAL AGREEMENT / RENTAL POLICIES
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 THE PROPERTY FOR A VACATION RENTAL.
AGENT SHALL CONDUCT ALL BROKERAGE ACTIVITES IN REGARD TO THIS AGREEMENT WITHOUT RESPECT TO THE RACE, COLOR, RELIGION, SEX, NATIONAL ORIGIN, HANDICAP, FAMILIAL STATUS, SEXUAL ORIENTATION OR GENDER IDENTITY OF ANY TENANT.
All of the properties managed by BRYANT REAL ESTATE are privately owned and are rented on behalf of the property owner, subject to the provisions of the Rental Agreement. Each unit is furnished by the owner to reflect their taste and certain standards recommended by us and priced accordingly. Since most reservations are made by phone or online, it is important for you to communicate your needs to our agents. If you have any special requirements or a particular quality in mind, we strongly suggest a personal visit to the property prior to confirming the reservation. It is unfortunate, but we will be unable to make other arrangements upon your arrival.
Bryant Real Estate has two primary offices for vacation rentals. Our Wrightsville Beach office (1001 N. Lumina Ave, Wrightsville Beach, NC) services our Wrightsville Beach vacation rentals. Our Carolina Beach office (1230 N. Lake Park Blvd, Carolina Beach, NC) services Carolina and Kure Beach Vacation Rentals.
1. OCCUPANCY: The occupancy limit for your property is defined on the advertisement and in the contract you will sign. Only infants who sleep in cribs are not counted in the total occupancy. All units and cottages are rented for family vacations only. We rent to responsible adults over 25. NO SORORITIES, FRATERNITIES, CHURCH GROUPS, WEDDING RECEPTIONS, "HOUSE PARTIES", "SPRING BREAK" PARTIES, or other such groups are permitted unless pre-approved by the Agent and Landlord at time of booking. For groups of unrelated individuals, the average age should be over 30 unless approved by a property manager. Requests must be in writing. If your request is approved, a substantial Damage Deposit and/or an Event Fee may be required. Exceeding the occupancy limit, misrepresentation, or subletting, are grounds for immediate eviction. If your tenancy is for 30 days or less, the expedited eviction procedures set forth in Article 4 of the VRA will apply.
2. ADMINISTRATIVE FEE AND SECURITY DEPOSIT: The nonrefundable Administrative Fee consists of a processing fee and Accidental Damage Program and is included on all reservations. A security deposit may be required in addition. This will either be stated at the time of booking, or if your occupancy and/or event requires one to be approved. If a security deposit is required, it may be applied to actual damages caused by the tenant as permitted under the Tenant Security Deposit Act. In addition, Agent may deduct from the security deposit the amount of any unpaid long distance or per call telephone charges and cable television charges that are not specifically described in this agreement as being included with the premises. Agent shall apply, account for, or refund Tenant's security deposit within 45 days following the end of the tenancy. The security deposit will be used and applied to damages first if its required. If damages exceed both the security deposit and the accidental damage coverage, the tenant will be responsible for the remaining charges. The Accidental Damage Program provides tenants with an additional coverage of $1,500.00 for accidental and non-willful damage. Tenants understand and agree that they are responsible for any damage to the property during their stay that is not covered with the Accidental Damage Program, the cost that exceeds the limited amount of the Accidental Damage Program, any negligent or willful damage caused from wanton conduct, or any pet damage, and the cost of any reasonable attorney's and collection fees. Tenants also understand that any costs that exceed the Accidental Damage Program will be charged to the current credit card on file.
3. INITIAL PAYMENT: The initial payment is due at the time of booking. The initial payment includes 50% of the rental amount, Administration Fee, Travel Insurance (if purchased) and applicable taxes, etc. If your arrival date is within 60 days, full payment is required at the time of booking. A Rental Confirmation will be sent to you showing your payment, any remaining balance due including additional charges added. All rental monies will be held in an interest-bearing account with First National Bank at 1724 Eastwood Rd, Wilmington, NC, with interest belonging to Agent. We accept cash, certified funds, travelers' checks, money orders, personal checks and all major credit cards excluding American Express. Any check returned unpaid by the bank for any reason will incur a $35.00 processing fee. Please note that checks will not be accepted 30 days prior to reservation dates. If a fraudulent chargeback is issued by the tenant, all subsequent payments must be in cash or certified funds.
4. REMAINING BALANCE PAYMENT: The second payment is for the remaining balances after the Initial payment has been paid and is due 60 days before you arrive. This will include the remaining 50% of the rental amount, and any unpaid fees (such as: pet fees, linen and linen set up fees, applicable taxes, or any additional charges incurred) that were added after the initial booking. If the remaining balance payment is not paid in full 60 days before your arrival date, the Agent has the right to charge the card on file without any further notification or communication with you per the Debit/Credit Card Authorization Form. If we are unable to process the card on file, the agent has the right to cancel your reservation in accordance with the Cancellation Policy without prior notice being given. Keys will not be issued, and occupancy will not be permitted without full payment.
5. TRAVEL INSURANCE: If you choose to purchase the travel insurance, you must initial where indicated on the contract. If you add travel insurance after signing your contract, confirmation of its addition must be in writing. This plan is optional, but we strongly recommend it. In case of unforeseen events, this insurance helps protect your vacation investment. A detailed pamphlet describing the coverage is available at your request. If you choose not to purchase this coverage, NO REFUNDS WILL BE GIVEN IN THE EVENT OF UNFORESEEABLE CANCELLATIONS, INCLUDING HURRICANE MANDATORY EVACUATIONS. (See Cancellation Policy below). Travel insurance cost is 7.95% of total booking cost. Bryant Real Estate retains a percentage of the insurance premium to offset processing expenses. Travel insurance is nonrefundable and cannot be purchased after your final payment is received and once your reservation is paid in full.
NOTE: TENANT'S DECISION WITH RESPECT TO THE PURCHASE OF TRIP INTERRUPTION INSURANCE WILL AFFECT TENANT'S RIGHTS IN THE EVENT OF A MANDATORY EVACUATION.
6. IN THE EVENT OF A HURRICANE OR MANDATORY EVACUATION: If the authorities issue a "MANDATORY EVACUATION" (associated with a hurricane or another event) order for your rental location, you MUST vacate your rental unit. 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. However, Tenant will not be entitled to a refund if, prior to taking possession of the Premises: (i) Tenant refused insurance offered by Agent that would have compensated Tenant for losses or damages resulting from loss of use of the Premises due to a mandatory evacuation order, or (ii) Tenant purchased such insurance from Agent. In a "Voluntary Evacuation", there is NO REFUND if you choose to leave.
Travel insurance coverage is your only option for a refund in the event of a Mandatory evacuation and must have been purchased before the storm was named. Purchases must be in writing before your final payment or on the contract. If you decline the insurance, there will be no refund in a mandatory evacuation.
7. TENANT DUTIES: Tenant agrees to comply with all obligations imposed by the Vacation Rental Act on Tenant with respect to maintenance of the Premises, including but not limited to: (i) keeping the Premises as clean and safe as the conditions of the Premises permit and causing no unsafe or unsanitary conditions in the common areas and remainder of the Premises that Tenant uses; (ii) not deliberately or negligently destroy, deface, damage, or remove any part of the Premises or knowingly permit any person to do so; and (iii) notifying Agent in writing of the need of replacement of or repairs to a smoke detector, and replacing the batteries as needed during the tenancy. Tenant agrees not to use the Premises for any activity or purpose that violates any criminal law or governmental regulation and may use the Premises for residential purposes only. Tenant's breach of any duty contained in this paragraph shall be considered material and shall result in the termination of Tenant's tenancy.
8. AGENT DUTIES: Owner is required to provide the Premises in a fit and habitable condition. If at the time Tenant is to begin occupancy of the Premises, the Premises are not in a fit and habitable condition and Agent cannot substitute a reasonably comparable property in such condition, Agent shall refund to Tenant all payments made by Tenant, less nonrefundable fees, such as travel insurance premiums.
9. SPECIAL NEEDS: Many rental units have restrictions against boat trailers, jet skis, recreation vehicles and number/size of vehicles. If you have special needs, please let us know when making your reservation. Any tickets, fines or penalties associated with such infractions are the responsibility of the tenant.
10. CHECK IN PROCEDURES Please take special care of your vacation home during your stay as if it were your own home. Optional maid services are available during your stay with advanced request. Check in time for all properties is 4:00 pm. If it is discovered that you have entered the unit, parked in the driveway, or are utilizing the premises in advance of your check-in, you will be charged an unauthorized early check in fee up to 1 nights rent. On occasion, check in time may be delayed (due to unforeseen circumstances such as cleaning or maintenance issues). Upon your arrival, please notify us immediately if you do not find the unit clean. If we have not heard from you within three hours of your check-in, we will assume that you found the accommodations in an acceptable condition. All rentals are provided with vacuum, mop and broom. If these items are missing, please call our office. All other cleaning supplies are the responsibility of the tenant.
11. CHECK OUT PROCEDURES: Check out time is 10:00 am and is strictly enforced. Additional charges of up to 1 day's rent may be added for unauthorized late check out. To be considered checked out, all persons and personal property must be removed from the premises. Listed below are your guidelines to follow before you leave the property. Failure to follow the procedures below when leaving the property may result in an excessive cleaning fee.
a. Wash, clean, and put away all dishes.
b. Remove all items from the refrigerator.
c. Remove all trash and place in the trash carts provided.
d. Check all closets and drawers for personal items and remove.
e. Check all windows and doors to ensure that they are locked.
f. Strip all beds and pile up linens (towels in one pile and sheets in another)
g. Return all keys, garage door openers, and parking passes to the Bryant Real Estate office. (Please note failure to return parking passes will result in a charge ranging from $150.00 to $300.00. The cost will depend on the pass or garage door, for example, Town of Wrightsville Beach Passes are 300.00 per pass and Carolina Beach Condo passes are 150.00. The cost of lost hard keys ranges from 25-300 per key. Actual cost depends on replacement of the lock, rekeying the lock, or replacement of the key.
12. WASTE MANAGEMENT: Please ensure that your trash is taken to the street in advance of the trash days for your property. This information can be found in our app, through push notifications, being posted in the unit, and is also available at check-in. Failure to remove trash and place the receptacles at the street can cause a back-up of waste. If we must call for a special trash pickup prior to the next tenant arrival, we will charge your card on file $100 plus tax for the service call. If upon checking out, you have more waste than can fit in the bins provided, you must dispose of it another way or risk a charge. Contact our office for options.
13. MAINTENANCE: All equipment should be in proper working order, but you should promptly report anything inoperative. After-hours repairs will be limited to emergency situations only. All efforts will be made to expedite repair, but NO REFUNDS WILL BE MADE. Guests will be charged for unwarranted service calls. Please keep a key with you when you leave your unit to prevent accidental lockouts. If we have to come to your unit to let you back in, a key delivery fee of $25 will be charged or the full cost of a locksmith not to exceed $100.
14. INTERNET/CABLE: Internet/Cable service is provided in most units and is considered as an amenity. Occasionally service is interrupted, and many times service restorations are dependent on an outside vendor. All efforts will be made to get the service restored as soon as possible, but there is NO REFUND if your service is unavailable, and it is not considered an after-hours emergency. If you have special requirements, please contact our office. There is a large range of TV packages from only streaming options to all the movie channels, etc. The same is true for internet from basic broadband to fiber.
15. PETS: Most of our properties DO NOT permit pets in or on the premises. A few rental units will allow one or two mature, housebroken dogs with payment of a $150 plus tax non-refundable Pet Fee per pet. These properties are designated in the unit's description. NO CATS ALLOWED. You must disclose the pet when making your reservation. If a pet is discovered at a "No Pet" property or without advance notice at a "Pet Allowed" property, there will be a $300 plus tax charge per pet. The pet must be removed, and your occupancy may be cancelled with no refund given. Any damage or excess cleaning required due to pet hair, odor, etc. will be charged to your rental account and credit card on file. All emotional support animals and service animals must be disclosed at the time of booking to allow agent to collect records and documentation to support the request in accordance with all state and federal laws.
16. SMOKING IN UNITS: All of Bryant Real Estate properties are nonsmoking. If during the inspection it is detected that smoking has occurred, you will be charged for excess cleaning, carpet and upholstery cleaning and deodorization, and drapery cleaning. This cost will range from $500-$1500 depending on the size of the unit. Smoking is not allowed anywhere on the property, including exterior structures like decks garage ports, etc.
17. FURNISHINGS AND EQUIPMENT: All of the cottages and condominiums are furnished with basic housekeeping accessories, dishes, cookware, flatware and various small appliances. Re-arrangement of furniture is prohibited; damages to the property and/or labor resulting from rearranged items will be charged to the tenant. Maid service is not provided. Most properties provide linens depending on length of stay but will be noted on your contract. Additional linens and rentals may be ordered on the linen order form. Since linen orders are made up and delivered in advance, any orders made within 48 hours of your arrival or after will be subject to an additional $25 Delivery Fee. We have done everything possible to assure accuracy of the description; however, we CANNOT be held responsible for printing errors, changes in furnishings by owners, or equipment failure.
18. PROPERTY SUBSTITUTION: Bryant Real Estate, on behalf of the owner, reserves the right to cancel the Rental Agreement at any time prior to tenant taking occupancy. All payments will be refunded, and neither 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 an alternative rental unit, agent will make a good faith effort to relocate tenant, but tenant agrees to pay difference in cost of rental.
If the owner voluntarily transfers the Premises, Tenant has the right to enforce this Agreement against the grantee of the Premises if Tenant's occupancy under this Agreement is to end 180 days or less after the grantee's interest in the Premises is recorded. If Tenant's occupancy is to end more than 180 days after such recordation, Tenant has no right to enforce the terms of this Agreement unless the grantee agrees in writing to honor this Agreement. If the grantee does not honor this Agreement, Tenant is entitled to a refund of all advance rent paid by Tenant (and other fees owed to third parties not already lawfully disbursed). Within 20 days after transfer of the Premises, the grantee or the grantee's agent is required to: (i) notify Tenant in writing of the transfer of the Premises, the grantee's name and address, and the date the grantee's interest was
recorded; and (ii) advise Tenant whether Tenant has the right to occupy the Premises subject to the terms of this Agreement or receive a refund of any payments made by Tenant. However, if the grantee engages Agent to continue managing the Premises after the transfer, the grantee shall have no obligation under (i) or (ii) above if this Agreement must be honored under the Vacation Rental Act or if the grantee agrees in writing to honor this Agreement.
Upon termination of the owner's interest in the Premises, whether by sale, assignment, death, appointment of a receiver or otherwise, the owner, owner's agent, or real estate agent is required to transfer all advance rent paid by Tenant (and other fees owed to third parties not already lawfully disbursed) to the owner's successor-in-interest within 30 days, and notify Tenant by mail of such transfer and of the transferee's name and address. However, if Tenant's occupancy under this Agreement is to end more than 180 days after recordation of the interest of the owner's successor-in-interest in the Premises, and the successor-in-interest has not agreed to honor this Agreement, all advance rent paid by Tenant (and other fees owed to third
parties not already lawfully disbursed) must be transferred to Tenant within 30 days.
19. RESERVATION REQUESTS FOR NEXT YEAR: If you want to reserve the same unit for the same week(s) for next year, you MUST make your reservation request before departing. All other requests will be accepted on a "first come, first served" basis. A non-refundable Advance Booking Fee must be received at the time of booking. If your tentative reservation is unavailable, the Advanced Booking Fee will be refunded or applied to a new reservation. After rates and owner usage are finalized, you will be mailed/emailed the Rental Agreement and Booking Summary for the Initial Payment. These tentative reservations are non-binding until the Initial Payment is made.
20. EXPEDITED EVICTION: If the tenancy created hereunder 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: (i) holds over in possession after Tenant's tenancy has expired; (ii) commits a material breach of any provision of this Agreement (including any addendum hereto) that according to its terms would result in the termination of Tenant's tenancy;
21. DISCLOSURE: In accordance with the National Association of Realtors Standards of Practice and Code of Ethics, it should be disclosed that Bryant Real Estate has a contractual relationship with the Landlords. This contractual relationship employs us to act as their agents and treat all parties (tenants and landlords) honestly, fairly, and in good faith. More information is available in the office of Bryant Real Estate at your request. The price of any services provided by or through Bryant Real Estate may include a profit for the company.
22. 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 the failure of Agent or the 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, alterations or improvements thereto as Agent or owner may deem appropriate, or to show the Premises to prospective purchasers or tenants. Tenant shall not assign this Agreement or sublet the
Premises in whole or part without written permission of Agent.
23. GOVERNING LAW; VENUE: The parties agree that this Agreement shall be governed by and construed in accordance with the laws of the State of North Carolina, and that in the event of a dispute, any legal action may only be instituted in the county where the Property is located.
24. USE OF ELECTRONIC MEANS; NOTICE: The parties agree that electronic means may be used to sign this Agreement or to make any modifications the parties may agree to, and that any written notice, communication or documents may be transmitted electronically to any e-mail address, cell phone number or fax number used by the parties to communicate during the course of this Agreement. Any notices required or authorized to be given hereunder or pursuant to applicable law may also be mailed to Tenant's address or hand delivered to the Tenant at the address of the Premises and to the Agent at the Agent's address
25. PROPERTY ACCESS: Keys and access codes will not be given until your reservation is paid in full and we have a signed Rental Agreement. If there is a delay in signing or payment on the tenant's side that impacts occupancy, it will not impact the rent, taxes, or any other fees.
26. BEACH NOURISHMENT: Some oceanfront areas may be part of beach nourishment projects. Projects are planned by individual towns and are weather dependent, therefore schedules cannot be set or confirmed in advance. Tenant may be subject to inconvenience during these projects. No refunds will be given.
27. CANCELLATION POLICY: CANCELLATIONS MUST BE CONFIRMED IN WRITING. If you cancel for any reason within 24 hours of booking you will receive a full refund. Otherwise, Tenant shall not receive a refund unless the premises are re-rented. If the premises are re-rented on the same or greater financial terms set forth herein, Tenant shall receive a refund of all payments made by Tenant, less all lease fees and cancellation fee in the amount of $150.00 and associated taxes. If the premises are re-rented at a discount or for part of the original stay dates, Tenant will be responsible for the cost difference in nightly rates for Tenant's stay between Tenant's booking and the new booking(s); the cancellation fee of $150.00, all lease fees, and taxes will remain nonrefundable and owed. If the premises are not re-rented, Tenant will not be entitled to a refund of any payment made hereunder. Whether or not the Premises is re-rented, Tenant, rather than Agent, shall be responsible for seeking reimbursement of any fees paid by Tenant to third parties either directly or through the Agent for goods, services, or benefits for Tenant's intended stay that may have been paid out to such third parties prior to Tenant's cancellation. Any refund pursuant to this Paragraph will be issued within 30 days after the original confirmed departure date when accounting is finalized, and a full breakdown of funds will be provided. NOTE: Trip interruption insurance may provide coverage for losses incurred by Tenant in the event of a cancellation.
ACCIDENTAL DAMAGE PROGRAM
Kitchens: refrigerator shelves, stove tops replaced or repaired, coffee carafe, cabinet drawer/door repairs, small appliance repair or replacement
Bathrooms: replace/install or repair towel bars, shower doors, shower heads, cabinet drawer/door repairs
Furnishings: replace/repair exterior furniture, replace/repair interior furniture, sofa sleeper bed frames, carpet cleaning and repairs from spills and tears (burns are not covered), TV repair or replacement (due to damage only)
General: wall damage, minor repairs and painting, door and lock repair or replacement, repair scratched floors(unless from moving furniture), repair/replace broken blinds, windows, or screens
ITEMS NOT COVERED:
Intentional, willful, or wanton acts from tenant or guest of tenant, burns or damage due to smoking, pet damage, misuse or damage due to rearranging furnishing, appliances, or other amenities, Programming audio/visual equipment, electronics, security systems, computer/internet systems, pools/hot tubs (equipment or services), any damage due to direct impact from car or boat.