Terms & Conditions

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. AGENT SHALL CONDUCT ALL BROKERAGE ACTIVITIES IN REGARD TO THIS AGREEMENT WITHOUT RESPECT TO RACE, COLOR, RELIGION, SEX, NATIONAL ORIGIN, HANDICAP, FAMILIAL STATUS, SEXUAL ORIENTATION OR GENDER IDENTITY.

 

In consideration of the monies recited and the mutual obligations contained herein, the Owner does hereby lease and rents to Tenant that certain Property described above, under the following terms and conditions. Salty-Fin Realty, LLC. (Agent) as rental Agent for the Owner, signs this agreement on behalf of Owner in this transaction. 

 

  1. Reservation and Payment Requirements: When a reservation request is received by Agent more than 45 days (about 1 and a half months) in advance of check-in, Tenant must forward a Signed Vacation Rental Agreement and Advance Rent Payment within 3 days after the Reservation Request.  The entire balance is due no less than 45 days (about 1 and a half months) prior to check-in. If the reservation request is less than 45 days (about 1 and a half months) prior to check-in, the signed vacation rental agreement and all rent payment is due on the day of the Reservation Request.  Unless the agreement and all required payments are received by the Agent when due the reservation may be cancelled without further notice and subject to the terms hereinafter set forth.  Additional fees shall be required if Tenant requests items in addition to those above.  All future modifications shall be documented in writing which may act as an addendum to this Vacation Rental agreement. 

 

  1. Payment Methods:  Payment can be made to Agent in US funds by cash, travelers check, money order, cashier’s check, certified check, company check, personal check, e-checks, Master Card, Visa, or Discover subject to the following conditions: (a) Credit Card and e-check payments will be processed through a third party depository; (b) When payment is made by credit card the person named and endorsing the Vacation Rental Agreement must also be the person whose name is on the credit card; (c)  No personal checks, e-checks, or company checks will be accepted during the 45 day (about 1 and a half months) period prior to or on the day of check-in; and (d) A $25.00 service fee will be charged for all returned checks.  

 

  1. Administrative Fee: A fee of $210.00 plus tax is charged by the Agent on all tenancies. 

 

  1. Taxes: North Carolina has a Sales and Use Tax, and Dare County has an Occupancy Tax that is required on all rentals and fees.  These taxes are subject to change.  (For reference purposes, last year’s taxes were as follows: North Carolina 6.75%; Dare 6%).

 

  1. Trust Deposits: All payments made by Tenant will be deposited in an interest-bearing trust account at Atlantic Union Bank, NC 27949; with all interest from said trust account accruing to Agent.  Credit card or e-check payments may be processed by insured third parties who shall make commercially reasonable efforts to make ACH transfers to Agent’s designated North Carolina banking institutions within three (3) business days.  An amount not to exceed 50% of the total rental rate may be disbursed to the Owner (or as the Owner directs) prior to occupancy.  Fees owed to third parties to pay for goods, services or benefits procured for the benefit of the Tenant, as well as the $210.00 administrative fee may be disbursed prior to occupancy.  All other funds remaining in the trust account will not be disbursed until: (a) commencement of the tenancy; (b) a material breach by the Tenant; (c) the money is refunded to the Tenant; or (d) the termination of the Owner’s interest in the Property.

 

  1. Travel Insurance: Travel Insurance is available and offered through an Agent and is strongly recommended. The insurance is intended to protect Tenants in unforeseen circumstances that cause cancellation or interruption of the rental period.  Subject to the other provisions of this Vacation Rental Agreement and the requirements of the Vacation Rental Act, the insurance shall be the Tenant’s remedy for losses because of covered perils.  Tenant will make a claim for any losses directly with the travel insurance company.  The fee for this insurance is 7.75% of the rental amount, linens and towels, administrative fee, pet fees, pool heat, security damage waiver, & all applicable taxes.  A copy of the document detailing coverage can be found on Agent’s website or can be mailed, faxed, or e-mailed upon request.  This insurance cannot be purchased after your final payment due date. You have 14 days (about 2 weeks) to cancel travel insurance after the premium has been received by the Agent. There will be no refunds of the trip cancellation and interruption insurance premium after the 14-day period has passed.  Agent receives a fee for collecting the premium.  To accept or decline travel insurance coverage, please select where indicated above and pay the Advance Rent Payment. NOTE: TENANT’S DECISION WITH RESPECT TO THE PURCHASE OF TRAVEL INSURANCE WILL AFFECT TENANTS RIGHTS IN THE EVENT OF A MANDATORY EVACUATION. SEE THE NEXT PARAGRAPH.

 

  1. Mandatory Evacuations: If state or local authorities order a mandatory evacuation of an area that includes the residential property subject to this vacation rental agreement, the Tenant shall comply with the evacuation order.  Upon compliance, Tenant will be entitled to a refund of the pro-rated rent for each night that Tenant is unable to occupy the property because of the mandatory evacuation order.  However, Tenant will not be entitled to a refund if, prior to taking possession of the property: (a) Tenant refused insurance offered by Agent that would have compensated Tenant for losses or damages resulting from loss of use of the property due to a mandatory evacuation order, or (b) Tenant purchased such insurance from Agent.

 

  1. Military Personnel:  A Tenant who executes this Vacation Rental Agreement and is a spouse, dependent or member of the Armed Forces of the United States who subsequently receives an order for deployment with a military unit for a period overlapping with the rental period or a permanent change of station order requiring the member to relocate on a date prior to the beginning of the lease term, may terminate this vacation rental agreement by providing Owner or Agent with a written notice of termination within 10 calendar days of receipt of the member’s order. The notice must be accompanied by either a copy of the official military order or a written verification signed by the member’s commanding officer. All monies paid by the Tenant, except nonrefundable fees lawfully disbursed to third parties in connection with the vacation rental agreement, shall be refunded to the Tenant within 30 days (about 4 and a half weeks) of termination of this agreement.

 

  1. Cancellations: All cancellations, including transfer requests, by Tenant must be in writing and the receipt of the request must be confirmed by Agent. If a cancellation request is not received and Tenant does not arrive during the rental period, the reservation will be considered to have been cancelled and not re-rented.  If a reservation is cancelled and not re-rented for the cancelled period, all advance payments including applicable taxes and fees, except the Security Deposit, will be forfeited by Tenant.  If Tenant rents multiple weeks and cancels any portion of their stay, Tenant remains responsible for the original time period reserved.  If the property is re-rented for the contract amount all money prepaid will be refunded except the travel insurance premium, charges for bed linen and towel orders, and a $275.00 cancellation fee plus tax charged by Agent. If the property is re-rented for less than the contract amount, the refund will be further reduced by the difference between the contract amount and the amount received. Any refund will be processed at the end of the month in which you become eligible for the refund.  Refunds will be issued by the Agent in the same forms as payments previously received from Tenant (credit card, e-check, check, etc.). Transfer requests will not be allowed from one reservation to another if the request is not made at least 90 days (about 3 months) before the scheduled arrival date.  All transfer requests are subject to Owner approval and will be subject to higher rental rates, if applicable.  All transfers result in a non-refundable $125.00 plus tax fee to the Agent. Note: Travel Insurance may provide coverage for losses incurred by tenant in the event of cancellation. 

 

  1. Limitations of Tenant Recovery: Subject to the other provisions of this Vacation Rental Agreement and the requirements of the Vacation Rental Act the following limitations apply. Tenant’s maximum compensation recoverable is the full refund of all funds previously received from Tenant subject to the following:  (a) A refund shall be reduced by fees paid to third parties for the benefit of Tenant; (b) A refund shall be reduced in a pro-rated amount if Tenant has occupied Property for a portion of the term; (c) A refund will not be available if Tenant accepts a relocation and agrees to pay any difference in rental rate, applicable taxes and expenses incurred because the property is unavailable; (d) No refunds will be available if Tenant is evicted; (e) No refund will be available for the failure of or deficiencies in air conditioning, fireplaces, kitchen appliances, electrical equipment (including, but not limited to TVs, VCRs, DVDs, Blu-Rays, computer equipment), telephone service, internet service, screen porches, animals or smokers previously occupying property, plumbing, walkways, pools, hot tubs, or grills unless it renders the property unfit and uninhabitable; and (f) No refund will be available due to surrounding construction, damaged beach access, beach erosion, beach nourishment, noise, insects, public utilities, inclement weather or acts of nature unless it renders the property unfit and uninhabitable.

 

  1. Maximum Occupancy: Occupancy of the premises will be limited to two persons per bedroom including family, children, and Tenant guests. Tenant should not permit the property to be occupied beyond maximum occupancy. Bedding arrangements in the Property are to illustrate sleeping arrangements and may not be taken as a representation of permitted occupancy. Tenant agrees to be responsible for ensuring that the maximum permitted occupancy of the Property is not exceeded during the term of the lease. Violation of this provision will result in a material breach that allows refusal of occupancy, termination of this agreement, and eviction without refund. Tenant should contact Agent with any questions regarding the permitted occupancy of the Property. 

 

  1. Minimum Age and No Groups: Unless otherwise required by law, the leaseholder must be at least 25 years old. Proof of age may be required and provided to the Agent upon request. Groups are not allowed to rent properties. Groups include but are not limited to, sororities, fraternities, students, graduation groups, wedding groups, chaperoned groups, or un-chaperoned groups.  Tenant should consult with the Agent prior to signing this Agreement to assure that it is a qualified Tenant. Violation of this provision will result in a material breach that allows refusal of occupancy, termination of this agreement, and eviction without refund.    

 

  1. Prohibited Activities and Conduct: The hosting of events or parties in or on the premises is prohibited.  Verbal abuse, threats, or violence will not be tolerated.  No more vehicles than necessary to accommodate Tenant and Tenant’s guests shall be located on the premises. RV’s and ATVs are not allowed. Violation of this provision will result in a material breach that allows refusal of occupancy, termination of this agreement, and eviction without refund. 

 

  1. Animals: Unless otherwise advertised, pets are strictly forbidden on or about the property whether on a temporary basis or otherwise and whether belonging to the Tenant or anybody else. Tenant shall be subject to a penalty of $500.00 plus tax upon Owner or Agent’s demand for any violation of this pet prohibition.  Further, Tenants bringing pets to homes that do not allow them will have committed a material breach and be subject to refusal of occupancy, termination of this agreement, and eviction without refund.  Nevertheless, no guarantee is made that a rental property has been free of pets or service animals prior to Tenant’s occupancy and no refunds can be given if it is discovered that pets or service animals have formerly occupied the property.  For those properties advertised as allowing a dog, only one (1) mature, housebroken dog will be permitted unless prior approval is granted. Any Breed with a previously displayed vicious propensity is never allowed. Cats and other animals are never allowed.  Tenant must clean property of all pet excretions immediately upon discovery and vacuum home to remove pet hair from all areas, including floors and furniture, prior to your departure.  If you bring a dog(s) to a home in which they are allowed a non-refundable fee of $150.00 plus taxes, per dog, is charged for cleaning and flea extermination.  If after paying the fee(s) you decide not to bring your dog(s), you must notify our office on or before the day of check-in to get a refund.  Tenant shall not leave any dog unattended at property unless in a crate or pen. Tenants must abide by all applicable municipal pet ordinances and no representations are made by Owner or Agent concerning them.  

 

  1. Other Tenant Duties:  Tenant shall:  (a) Keep that part of the property he or she occupies and uses as clean and safe as the conditions of the property permit and cause no unsafe or unsanitary conditions in the common areas and remainder of the property; (b) Dispose of all ashes, rubbish, garbage, and other waste in a clean and safe manner; (c) Keep all plumbing fixtures in the property or used by the Tenant as clean as their condition permits; (d) Not deliberately or negligently destroy, deface, damage, or remove any part of the property or render inoperable the smoke detector provided by the Owner, or knowingly permit any person to do so; (e) Comply with all obligations imposed upon the Tenant by current applicable building and housing codes; (f)  Be responsible for all damage, defacement, or removal of any of the property inside the property that is in his or her exclusive control unless the damage, defacement, or removal was due to ordinary wear and tear, acts of the Owner or his or her Agent, defective products, acts of third parties not invitees of the Tenant, or natural forces; (g) Notify the Owner of the need for replacement or repair to a smoke detector. The Owner shall annually place new batteries in a battery-operated smoke detector, and the Tenant shall replace the batteries as needed during the tenancy.  Failure of the Tenant to replace the batteries as needed shall not be considered negligence on the part of the Tenant or Owner; and (h) Tenant agrees not to use Property for any activity or purpose that violates any criminal law or governmental regulation and may use the Property 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. 

 

  1. Indemnification, Hold Harmless, Defend, and Release; Right of Entry; Assignment:  Tenant agrees to indemnify, hold harmless, defend, and release Owner and Agent to the extent allowed by law 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 Owner or Agent or the failure of Owner or Agent to comply with the Vacation Rental Act.  To the extent allowed by law, if the Owner, Agent, Tenant, or a Third Party breaches any duties or obligations that benefit the Owner, Agent or Tenant, the aggrieved party will seek recourse only against the breaching party.  Tenant agrees that the Owner, Agent, or their respective representatives may enter the Property during reasonable hours to inspect the Property, to make such repairs, alterations, or improvements thereto as Owner may deem appropriate or necessary pursuant to the Vacation Rental Act. It is understood and agreed that the Agent is retained by the Owner to market his property for rental purposes and not to inspect, maintain, or repair the structural integrity of the Property.  The owner will arrange with other independent contractors for those purposes.  Tenant shall not assign this Agreement or sublet the Property in whole or part without written permission of Agent.  

 

  1. Expedited Evictions:  Any Tenant who leases residential property subject to a Vacation Rental Agreement for 30 days (about 4 and a half weeks) or less may be evicted and removed from the property in an expedited eviction proceeding if the Tenant does one of the following: (a) Holds over possession after his or her tenancy has expired. (b) Has committed a material breach of the terms of this Vacation Rental Agreement (including any incorporated addenda hereto) that, according to the terms, results in the termination of Tenant’s tenancy. (c) Fails to pay rent as required by the agreement. (d) Has obtained possession of the property by fraud or misrepresentation.  

 

  1. Transfer of Property: (a) If the Owner voluntarily transfers the Property, Tenant has the right to enforce the Agreement against the grantee of the Property if Tenant’s occupancy under this Agreement is to end 180 days (about 6 months) or less after the grantee’s interest in the Property is recorded.  If Tenant’s occupancy is to end more than 180 days (about 6 months) 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 (about 3 weeks) after transfer of the Property, unless Agent is to continue as grantee’s agent, the grantee or the grantee’s new agent is required to: (i) notify Tenant in writing of the transfer of the Property, 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 Property subject to the terms of this agreement or receive a refund of any payments made by Tenant.  (b) Upon termination of the Owner’s interest in the Property, whether by sale, assignment, death, appointment of a receiver, or otherwise, the Owner, Agent, or any other agent of Owner 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 (about 4 and a half weeks) and notify Tenant by mail of such transfer and of the transferee’s name and address.  The real estate broker may deduct from advance rents transferred to Owner’s successor-in-interest all commissions and fees earned by the real estate broker prior to the transfer.  However, if Tenant’s occupancy under this agreement is to end more than 180 days (about 6 months) after recordation of the interest of the Owner’s successor-in-interest in the Property, and the successor-in-interest has not agreed to honor this agreement, all advance rent paid by Tenant, less deductible fees permitted by NCGS 42A-16. must be transferred to Tenant within 30 days (about 4 and a half weeks).  

 

  1. Pre-Arrival Uninhabitability:  Subject to the other provisions of this Vacation Rental Agreement and the requirements of the Vacation Rental Act if, at the time the Tenant is to begin occupancy of the property, the Owner or Agent cannot provide the property in a fit and habitable condition or substitute a reasonably comparable property in such condition, the Owner and Agent shall refund to the Tenant all payments made by the Tenant. 

 

  1. Other Owner Duties:  Owner shall: (a) Comply with all current applicable building and housing codes to the extent required by the operation of the codes unless the structure is exempt from a current building or housing code; (b) comply with all applicable elevator safety requirements in NCGS 143-143.7; (c) Make all repairs and do whatever is reasonably necessary to put and keep the property in a fit and habitable condition; (d) Keep all common areas of the property in safe condition; (d) Maintain in good and safe working order and reasonable and promptly repair all electrical, plumbing, sanitary, heating, ventilation, and other facilities and major appliances supplied by him or her upon written notification from the Tenant that the repairs are needed; (f) Provide operable smoke detectors. The Owner shall replace or repair the smoke detectors if the Owner is notified by the Tenant in writing that replacement or repair is needed. The Owner shall annually place new batteries in a battery-operated smoke detector, and the Tenant shall replace the batteries as needed during the tenancy. Failure of the Tenant to replace the batteries as needed shall not be considered negligence on the part of the Tenant or Owner; and (g) In dwelling units having a fossil-fuel burning heater, appliance, or fireplace and in any dwelling unit having an attached garage, Owner shall provide a minimum of one operable carbon monoxide alarm per rental unit per level, pursuant to NCGS 42A-31.  

 

  1. Other Agent Duties: Agent shall: (a) Manage the property in accordance with the terms of the written agency agreement signed by Owner and Agent; (b) Offer vacation rental property to the public for leasing in compliance with all applicable federal and State laws, regulations, and ethical duties, including, but not limited to, those prohibiting discrimination on the basis of race, color, religion, sex, national origin, handicapping condition, familial status, sexual orientation or gender identity; (c) Notify Owner regarding any necessary repairs to keep the property in a fit and habitable or safe condition and follow Owner’s direction in arranging for any such necessary repairs, including repairs to all electrical, plumbing, sanitary, heating, ventilating, and other facilities and major appliances supplied by Owner upon written notification from Tenant that repairs are needed; (d) Verify that Owner has installed operable smoke detectors and carbon monoxide alarms; and (e) Verify that Owner has annually placed new batteries in a battery-operated smoke detector or carbon monoxide alarm. The failure of Tenant to replace the batteries as needed shall not be considered negligence on the part of the Agent.

 

  1. Acceptance of Policies: Tenant also agrees to comply with the Vacation Rental Policies which are incorporated herein by reference and shall be binding to the extent not consistent with other provisions of this agreement.  The Vacation Rental Policies are located on Agent’s website and GuestWeb™.  Tenant may request a copy be mailed, emailed, or faxed.  By signing this Vacation Rental Agreement Tenant acknowledges that Tenant has read and understands the Vacation Rental Policies. Violation of the Vacation Rental Policies can result in a material breach that allows refusal of occupancy, termination of this agreement, or eviction without refund. 

 

  1. Agent’s Ownership and Fees:  Agent and / or its employees may have Ownership interests in some of the property(s) offered for rent. Vendors, Agencies, Utilities and /or others may pay fees or commissions to Agent for using their services. Such fees or commissions are deemed solely the income of the Agent.

 

  1. Representation: Tenant understands that Agent represents Owner in signing this Vacation Rental Agreement on behalf of the Owner.  Agent does not represent Tenant.  Tenant understands that Agent is not Owner’s partner or joint ventures, but in an Agency relationship with Owner as governed by North Carolina law. 

 

  1. Competency:  All parties to this Agreement verify that they are of legal age and / or otherwise competent to enter into this Agreement.  

 

  1. Non-disparagement:  The Tenant agrees not to publicly criticize Owner or Agent including, but not limited to, speaking, or writing about the Owner or Agent in any unflattering way because of Tenants experience pursuant to this contract other than in the context of an agency or judicial proceeding. 

 

  1. Applicable Law, Jurisdiction and Venue: This Agreement shall be governed by and construed in accordance with the laws of the State of North Carolina.  In the event of a dispute, Tenant consents, submits, and waives all due process or any other objections to the exclusive jurisdiction and venue of State Courts in Dare County, North Carolina, or Federal Courts in the Eastern District of North Carolina.  Tenant agrees that such courts constitute a convenient forum in that the Real Property that is the subject of this agreement is located in Dare County, North Carolina. 

 

  1. Entire Agreement:  This Agreement is the entire agreement among the parties with respect to the subject matter hereof, and no representations or covenants, whether oral or written, have been made regarding the subject matter hereof except as provided herein. 

 

  1. Severability:  Every provision of this Agreement is intended to be severable, and if any term or provision hereof shall be declared illegal, invalid, or in conflict with North Carolina Law or the purposes of this Agreement for any reason whatsoever, or if the enforcement of any provision shall be waived, the validity of the remainder of this Agreement shall not be affected thereby. 

 

  1. 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 by the parties to communicate during this Agreement. Any notices required or authorized to be given hereunder or pursuant to applicable law may also be mailed to the Tenant’s address or hand delivered to the Tenant at the address of the Premises and to the Agent at the Agent’s address.

 

The tenant has read, acknowledges, and accepts the terms set forth within this Vacation Rental Agreement and the policies incorporated herein including provisions concerning travel insurance and cancellation.  

 

Agent:   Salty-Fin Realty, LLC

 

MAILING ADDRESS: FED EX, DHL, UPS Only

1716 Creek St

Kill Devil Hills, NC  27948 

Office: 866-426-4363