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 VACTION RENTAL. In consideration of the advance rent payment received and the mutual promises herein, the Owner of the subject property, through Cashiers Resort Rentals, Inc. (CRR), his agent, does hereby lease and rent to Tenant the certain property described within for the following terms and conditions. 1. PAYMENTS: First payment is due within 2 weeks of reservation confirmation & final payment is due 30 days prior to arrival. If the payment is not received by this time there will be a late fee of $25.00. Checks should be made payable to Cashiers Resort Rentals & returned with lease agreement. Checks returned as NSF will incur a $30.00 service charge. Reservations made less than 3 weeks prior to arrival must be paid in full at time of reservation by credit card. Credit card payments through Visa or Mastercard are accepted & cleared by an outside company, Vacation Rent Payments, for a $29.95 convenience fee to the cardholder. 2. CHANGES: After issuance of lease agreement all required changes will incur a change fee of $39.00. 3. CANCELLATIONS: In the event of cancellation by Tenant, Tenant shall receive a refund of all payments made byTenant, less an administrative fee of $75.00 if the property is re-rented for the same time period. If the property is not re-rented Tenant will not be entitled to a refund of any rent payment made in advance. We highly recommend that you purchase Trip Insurance. All cancellations must be received in writing by letter or fax (828-743-0273). 4. REFUNDS/ TRIP INSURANCE: Tenant shall not be entitled to any refund due to delay in check-in, early check-out, or damage to guests belongings for any reason including mechanical malfunctions and disruption of utility services including cable or satellite TV. There will be no refunds due to unfavorable weather or any acts of God. Each tenant is urged to opt for Trip Insurance to cover potential financial loss. Should it be necessary to file an insurance claim, Tenant, not Agent, shall be responsible for seeking reimbursement. CRR receives compensation for selling trip insurance. 5. Cashiers Resort Rentals, Inc. acts only as a sales agent for the Lodging Protection Plan (Trip Cancellation & Interruption Coverage) administered by CSA. For questions regarding this plan call CSA at 1-800-554-9839, Group Plan Code ICI320. CRR receives compensation for selling this Plan. 6. TAX RATES: Tax rates are calculated as of the time of this Agreement. Tenant shall be responsible for payment of all applicable taxes according to rates in effect at the time of occupancy. 7. SECURITY DEPOSITS: Security deposits may be applied to actual damages caused by tenant as permitted under the NC Tenant Security Deposit Act. Tenant agrees to be responsible for any damages to the premises during the period of tenancy, including damages to the furnishings and household items that result from the action or inaction of the tenant, excluding normal wear and tear, including extra cleaning charges, if necessary. It is the tenant’s responsibility to report to the office immediately upon arrival any damages found or if repairs and/or maintenance are needed. In addition, Tenant agrees to reimburse Owner for any damage expenses incurred in excess of the D/C deposit, including collection costs, if necessary, and reasonable attorney’s fees. Article 6 of Chapter 42 of the N.C.G.S. Act and the NC Vacation Rental Act govern deductions from security deposits. The amount of the security deposit is specified on the front of this lease. Security deposits will be processed for return 45 days after checkout. 7a. If you would like to have the Security Deposit waived, you have the option to purchase the Security Deposit Waiver (SDW) for the amount specified in your lease. The SDW plan covers theft or damage to the unit as a result of your accidental acts or omissions. Please read the enclosed SDW Description of Coverage detailing the terms, conditions & responsibilities of the tenant and Cashiers Resort Rentals. Purchasing the SDW does not negate your responsibilities as a Tenant. Payment for the SDW plan will not be accepted after the guest occupies the unit. You must notify CRR of any damage or theft to the unit during your occupancy or this plan is void. The units are carefully inspected after each rental. CRR receives compensation for selling SDW. 8. CHECK-IN/CHECK-OUT TIME: Check-in begins no earlier than 4:00 PM. Do not go to the property prior to checking in at Agent’s office. If you will be a late check-in please notify Agent’s office so that special arrangements can be made. Checkout is no later than 10:00 AM. Tenant is responsible for leaving the unit undamaged and in reasonably clean condition. After all windows and doors are secured and Tenant’s party has vacated the premises the keys MUST be turned in at the Agent’s office. Failure to return keys will result in a $50.00 charge against your security deposit. 9.ITEMS TO BRING: TENANT IS RESPONSIBLE FOR BRINGING TOWELS (unless otherwise specified), PAPER PRODUCTS, TRASH BAGS, SOAP, DETERGENTS, STAPLES AND ALL PERSONAL ITEMS. 10. ACCOMMODATIONS: Each property is privately owned and furnished, equipped for housekeeping and decorated to the Owner’s taste. Standard equipment includes washer/dryer, dishwasher, telephone and television. Kitchens come stocked with cookware and dinnerware. Beds have mattress pads, sheets, bedspreads, blankets and pillows. 11. ITEMS LEFT BEHIND: Agent is not responsible for items left in the rental units. If any items are left behind, we will attempt to recover and return them to you. There will be a $25.00 charge plus shipping for this service. 12. OCCUPANCY: North Carolina law requires the total occupancy in units served by septic systems not to exceed two persons per bedroom. Maximum number of occupants allowed in each unit is indicated in the property description. Overcrowding or misrepresentation is grounds for immediate eviction without refund pursuant to Sec.42A-23, et. seq. of the Vacation Rental Act. 13. MAINTENANCE AND REPAIRS: If repairs to appliances and other systems in the unit are necessary, they will be made as soon as possible. NO REBATES WILL BE GIVEN FOR ANY MALFUNCTIONS. Agent reserves the right to enter premises to perform repairs, maintenance, etc. 14. TELEPHONES: Rental properties have telephones that can be used for local calls only. Please use your telephone credit card or charge long distance calls to your home phone. A $25.00 service charge will be deducted from your security deposit in addition to any outstanding telephone charges for any phone charges. This is in accordance with NC Vacation Rental Act. 15. TV USAGE: Television station availability will be dependent upon basic level of service established by owner in the case of satellite or cable providers. Pay-per-view selections are not available. No adjustments to TV service levels will be made. 16. PETS: No pets are allowed unless specifically authorized and permitted on the property. This applies to guests of tenants, as well. Violation of pet policy is grounds for immediate eviction without refund, pursuant to Sec. 42A-23 et. seq. of the Vacation Rental Act. 17. NO SMOKING: All units are designated as “No Smoking on the Premises”. Violation of the “NO SMOKING” policy is grounds for immediate eviction without refund, pursuant to Sec. 42A-23 et. seq. of the Vacation Rental Act. 18. LAKEFRONT PROPERTIES: Owners, agents and CRRI are not responsible for any changes in water levels, water quality or water conditions. 19. Unit may not be used for any activity which violates local, state, or federal laws, or NC insurance rules and regulations.
LIMITATIONS OF REMEDIES, DAMAGES AND INDEMNITY: 20. If Agent/Owner is forced to resort to employment of legal counsel, litigation, or professional collection services in the collection of any amounts due Agent/Owner under this Agreement, Tenant shall be responsible for all costs of litigation and collection including, but not limited to, reasonable attorney’s fees if Agent/Owner prevails in said legal action. In the event of any litigation or other dispute resolution, the parties agree that jurisdiction shall reside exclusively in Jackson County, NC. 21. Every effort is made to ensure all information in Agent’s advertising is accurate and complete. However, Agent cannot be held responsible for typographical errors, omissions, price changes, and other changes made by owners within the unit. 22. In accordance with the National Association of Realtors Standards of Practice and Code of Ethics, it is hereby disclosed that Cashiers Resort Rentals, Inc. has contractual relationships with the Owners. This contractual relationship employs Cashiers Resort Rentals, Inc. to act as the Agent of the Owner and treat all parties (Tenants and Owners) honestly, fairly, and in good faith. Units may or may not be owned by a Real Estate Licensee. 23. Notwithstanding any other assurance to the contrary, this lease is not binding or effective until signed by Tenant and Agent, and Advanced Rent payment (reservation deposit and sales tax) is received by Agent. 24. Tenant is responsible for abiding by all rules, regulations, and instructions in the Lease Agreement and/or posted in the units. Any exceptions to the above-mentioned rules, regulations and instructions must be approved in writing in advance by an officer of Cashiers Resort Rentals, Inc. 25. If at the time tenant is to begin occupancy of the property, CRRI or Owner cannot provide the premises in a fit and habitable condition, or occupancy is unavailable for some unavoidable reason, CRRI will make all efforts to substitute a reasonably comparable property for occupancy. In the event that CRRI is unable to do so, tenants exclusive remedy shall be a refund to tenant of all payments made. Tenant expressly acknowledges that in no event shall CRRI or Owner be held liable for any consequential or secondary damages, including, but not limited to, any expenses incurred as a result of travel, costs of re-renting, etc. Tenant must submit any complaint regarding accommodation to CRRI, in writing, prior to checkout for consideration by Owner. The Tenant agrees to release, indemnify, and hold harmless the Owner and CRRI from and against any and all liability for injury to the person or the tenant or to any member of his household resulting from any cause whatsoever, except only such a personal injury caused by the negligence or intentional act of the Owner or CRRI. This indemnification includes any and all costs and expenses which may accrue to Owner, or CRRI including reasonable attorney’s fees. 26. In the event the property subject to this agreement is voluntarily transferred by Owner, Agent will advise Tenant of transfer of property in accordance with Sec. 42A-19 of the NC Vacation Rental Act. 27. CRRI, the property owner, or their representatives have the right to enter premises during tenancy to inspect, make repairs, or show property for sale. 28. By their signatures as set forth herein, tenant expressly authorizes landlord and/or CRR to deposit any and all advanced sums in an interest bearing account at United Community Bank, Hwy 64 East, Cashiers, NC. It is understood and agreed that any and all accrued interest upon said amounts shall inure to the benefit of CRR. 29. The Provisions of ArtIcle 4 of Chapter 42A (“Expedited Eviction Proceedings”) of the NC Vacation Rental Act are applicable to this agreement.
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