- You must be 25 years of age or older to book a reservation (section 4).
- Properties are available for lodging accommodations. We do not offer properties as event venues. The use of the house for any activity other than lodging could be grounds for expedited eviction or other legal action. Seek approval before you book. The cancellation policy applies to booked reservations that are canceled by the property manager due to the inappropriateness of intended use (section 10).
- Responsibility for transportation to the property is yours. Get detail and important information about access before booking. Four-wheel drive is highly recommended to access all properties during winter (section 13). Seek further disclosures about each property on the property description page. It is your responsibility to be familiar with all aspects that affect your plans.
- Commit to the dates before you book. Generally speaking, it will cost you money to reserve the property, even if you do not ever occupy the property. Refunds are handled according to the cancellation policy (see section 7 below). It is highly recommended that you purchase the travel insurance that is offered with the reservation.
- This total document discloses the full policy regarding how reservations are managed, and what responsibilities you are accepting when you book a property.
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, 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.
CAROLINA CABIN RENTALS, INC. is a Property Management Company. Carolina Cabin Rentals, Inc. (Hereinafter the Agent) is a real estate agency which rents private homes, condominium units, cottages, and cabins for its Owners. You, the tenant or renter, are the paying guest of the homeowner. Neither the agent nor the owner is responsible or liable for any loss of the renter`s personal property or bodily injury or damage of any nature from any cause to the renter (including his guests, licensees, or invitees). The agent is also not responsible for skiing conditions, insects, rodents, flies, or other pests, weather conditions, road conditions, power outages, acts of God, criminal activities, economic downturns, political changes, or any other activity, event or condition beyond its control.
All reservations require a payment of at least fifty percent (50%) of the reservation total (including the Security Deposit) for confirmation. The balance of the reservation shall be due upon the due date disclosed in the cancellation policy notice on the property page. If you choose to post a security deposit, rather than vacation rental damage protection, the second half of the security deposit will be charged 15 days prior to arrival. Reservations made within the final balance due date must be paid in full and charged with a credit card (Visa, MasterCard, American Express or Discover) when the reservation is taken and is a guaranteed reservation. Your reservation becomes a guaranteed reservation upon receipt of your signed contract or monies paid on your account. NOTE: Tax rates are calculated as of the time of this Agreement. Tenant shall be responsible for all applicable taxes according to rates in effect at the time of occupancy. All reservations are subject to a $10-$200 (depending on the size and amenities of the property) processing fee, applicable taxes, a cleaning fee, and the Vacation Rental Damage Protection Insurance (or a Security Deposit). Included in the rental rate is a $15-$50 (depending on the sleeping capacity of the home) linen rental fee that maintains quality assurance on linens and towels, and $10 to make sure an insurance expense related to the cleaning is covered.
Reservations made more than 30 days from the date of arrival may be paid by personal check, money order, cashier`s check or credit or debit card (Visa, Mastercard, American Express or Discover). The reservation is not guaranteed until receipt of the total amount due at the time the reservation is made. Credit card payments MUST be placed on a card held in the same name as the Responsible Party. The property will be marketed until receipt of payment. Reservations after the final payment due date must be paid in full when the reservation is made and is a guaranteed reservation. If multiple credit cards are used to pay for the reservation, all card-holders are equally responsible for the total cost and also for damages. Personal checks received in our office after the final balance due date may not be accepted if the final balance has been paid by credit card. If the 2nd payment is not paid by the due date, the reservation will be canceled, and the cancellation policy will apply. Acceptance of the terms and conditions is an approval of the automatic charge of final payment to the card used for the initial reservation on the final payment due date. There will be a $25 fee added to returned checks. All payments received will be held in the Carolina Cabin Rentals Trust or Escrow account at Wells Fargo Bank located at 958 Blowing Rock Road, Boone, NC 28607 and/or Live Oak Bank located at 1741 Tiburon Dr., Wilmington, NC 28403. Both of these banks are federally insured depository institutions authorized to do business in North Carolina. Payments may be deposited in an interest-bearing account and any accrued interest shall be disbursed to Agent.
4) RESPONSIBLE PARTY
The persons whose credit cards are used to pay for the reservation accept responsibility for all occupants complying with rental policies, procedures, and restrictions. The responsible party must be at least 25 years of age and is required to stay in the property for the time reserved. Aside from normal wear and tear, the responsible party is responsible to pay for any damages to the property or its contents during property possession under the vacation rental agreement. In addition to damages, the responsible party's credit card may be charged for post reservation/check-out services performed on behalf of the reservation. If damages or excessive cleaning appears to be the result of negligent or deliberate actions or omission, the responsible party agrees to a deposit being charged to the credit card to be held in trust until damages are covered by either insurance or the security deposit. If multiple credit cards are used to pay for the reservation, all card-holders are equally responsible for the total cost and also for damages.
5) VACATION RENTAL DAMAGE PROTECTION / SECURITY DEPOSIT, DAMAGES, AND MISSING ITEMS:
All reservations require one of the following: A Security Deposit, Damage Insurance, or a Damage Waiver. Different properties have different requirements.
If your reservation includes the non-refundable Damage Waiver, then a Security Deposit is not an Option. Since the Damage Waiver is NOT INSURANCE, you may still purchase Red Sky Damage Insurance for additional protection.
If Red Sky Damage Insurance is offered on the reservation, you may choose a Security Deposit instead.
Some properties require an additional Security Deposit whether there is a Damage Waiver or Damage Insurance.
The non-refundable Damage Waiver IS NOT INSURANCE. The cost varies per home, and is non-refundable. It is designed to relieve you of your responsibility for ACCIDENTAL DAMAGE caused to the Property by you or your guests. Damage Excluded is anything not considered accidental and includes, though is not limited by:
- Intentional, willful, reckless or malicious acts of the Tenant or others on the premises during the tenancy.
- Theft from the premises of the owner’s property.
- Damage caused while under the influence of alcohol or drugs.
- Damages caused by smoking inside the home.
- Damages related to gas log fireplaces due to the logs being re-arranged, or burning items inside the gas log fireplace, such as paper, wood, etc.
- Damages to the property caused by operation of a motorized vehicle by a tenant or their guests.
- Excessive damages done by pets.
- Gross negligence of Tenant or intentional misuse of the property by having an un-authorized party or gathering resulting in excessive housekeeping and/or damages.
Gross negligence of Tenant or intentional misuse of furnishing, appliances, equipment or other amenities provided with the home. This includes tampering with Audio/Video system controls and component programming and Alarm systems.
Any damages shall be reported immediately to Reservations@CarolinaCabinRentals.com, or by phone 828-295-6000.
If you purchase of the Red Sky Vacation Rental Damage Protection Insurance policy for $59 OR the payment in full of the property specific security deposit which typically ranges from $300 to $3,000. One of these items shall be quoted in the total price for the vacation rental. There is no tax on the $59 insurance purchased.
The Red Sky Vacation Rental Damage Insurance Policy plan covers unintentional damages to the rental property interior that occur during your stay, provided they are disclosed to management prior to check-out. The policy will pay a maximum benefit of $3,000.00 (three thousand dollars and no/100). Any damages that exceed $3,000.00, or are not covered or reimbursed by the policy, may be charged to the credit card on file. If during your stay at one of our rental properties, an insured person causes damage to real or personal property as a result of inadvertent acts or omissions, the insurer will reimburse the insured for the cost of repair or replacement of such property up to a maximum benefit of $3,000.00. Certain terms and conditions apply. Full details of the Vacation Rental Damage Protection coverage are contained in the Certificate of Insurance or Insurance Policy. If you selected the Vacation Rental Damage Protection Insurance on your reservation, the premium for Vacation Rental Damage Protection has been included in the cost of your initial deposit. By submitting payment for this plan, you authorize and request Red Sky Travel Protection and Insurance Services to pay directly Carolina Cabin Rentals, Inc. any amount payable under the terms and conditions of the Vacation Rental Damage Protection. This Vacation Rental Damage Protection does not cover intentional damage, theft, excessive cleaning, unintentional and incidental damage exceeding the amount of coverage purchased or flea infestation caused by a pet. Please contact Carolina Cabin Rentals, Inc. directly if you do not wish to allow this assignment. If you purchase the Vacation Rental Damage Protection Insurance, Carolina Cabin Rentals, Inc. earns a commission on the issuance of that policy from the insurance provider, Red Sky.
If you selected to pay for a Security Deposit in lieu of purchasing the Vacation Rental Damage Protection Insurance you will be responsible to cover any intentional or unintentional damages to the rented property interior or exterior that occurs during your stay. You will be responsible for any damage to real or personal property as a result of inadvertent acts or omissions. Your security deposit may also be used to cover any intentional damage, theft, excessive cleaning, unintentional and incidental damage or flea infestation caused by a pet. If you choose a security deposit, the cost of any damage to the property, and any related labor to replace and deliver back to the property will be withheld from your security deposit. If you pay the security deposit with a credit card, any refunded amount will be less 3% for the credit card processing fee. Any checks sent to pay for security deposits must be received within 3 days of making the reservation, and we do not accept checks in our office less than 14 days prior to arrival. Any additional amount of damage over your initial security deposit will be charged to your card on file. Security deposits will be reviewed and returned within 45 days after your departure, per the North Carolina Tenant Security Deposit Act.
A Visa, Discover, MasterCard, or American Express number is required for each reservation, and all costs for damage repair not covered under the Vacation Rental Damage Protection Product or extra cleaning will be charged to the card on file. Agent reserves the right to collect a cash damage deposit in advance, which will be held in the Carolina Cabin Rentals, Inc. Escrow Account at Wells Fargo Bank, Main Street Blowing Rock, NC 28605. Said deposit is refundable within 45 days of departure providing nothing is broken, missing, or damaged.
Accidental damages covered under the Vacation Rental Damage Protection purchased prior to the tenancy will not be charged to the tenant.
6) CLERICAL ERRORS
The agent reserves the right to cancel a reservation within 48 hours of the booking, or 330 days prior to arrival date if the house was erroneously priced, made available for fewer nights than the minimum allowed by the owner, or other clerical errors. If the reservation is canceled because of a clerical error, the customer is entitled to a full refund.
7) CANCELLATION POLICY
You may cancel within 24 hours of booking and receive a full refund. There is no refund due if the property is occupied by renter within 24 hours of booking. If you cancel before the final balance due date, you will receive a refund of half of the amount paid to date. Cancellations after the final balance due date do not receive a refund. But you may recover the entire amount if travel insurance was purchased and the reason for cancellation is covered. Reservations canceled because of non-payment of the final balance after the due date does not receive a refund. The final balance due date is 60, 30, or 15 days before the arrival date depending on the property. Refer to the property description page for the final balance due date. The portion not refunded is the cancellation fee and is dispersed to the owner per contract.
8) VACATION RENTAL INSURANCE
The premium for Vacation Rental Travel Insurance may have been included in the cost of your initial deposit, thereby adding Travel Insurance to this Agreement. Please review the information regarding Travel Insurance enclosed with this Agreement (and/or posted on the website) and our Cancellation Policy in Section 7. Travel Insurance can protect you from certain risks offering protection against unforeseen causes of Trip Cancellation, Trip Interruption, and Travel Delay, among other benefits. You may decline the Vacation Travel Protection Insurance, by checking 'NO' when prompted to either accept insurance or decline to protect your trip. If you purchase the Vacation Travel Insurance, Carolina Cabin Rentals, Inc. earns a commission on the issuance of that policy from the insurance provider, Red Sky.
9) RENTAL CAPACITY
Please check the number of people each property sleeps as detailed in the online property description. The maximum occupancy stated on the property page represents the MAXIMUM number of people, including children, allowed to occupy the property. Please provide our office with the names and ages of all the people who will accompany you to this rental. You will be prompted to comply with this requirement via email.
10) EVENTS, GATHERINGS FOR UNRELATED GROUPS, AND HOUSE PARTIES WARNING
Properties are available for lodging accommodations. We do not offer properties as event venues. We do not rent for house parties or events that include accommodating more than the published maximum occupancy. Gatherings and reservations hosting unrelated groups must be approved. (Certain conditions may apply.) If your plans include a gathering or involve hosting occupants whose age range and make-up may be construed as a gathering, please seek approval before booking the property. Acceptable arrangements are determined at the sole discretion of Carolina Cabin Rentals, Inc. Reservations that appear to include a gathering may be canceled. The cancellation policy would apply. Indications that cause concern would be the whole group being in the same age range, not related, or associated with groups that are historically linked to partying. If your group may be construed as such, we likely will still want to do business with you. But to avoid difficulty, please call our office to be approved by Carolina Cabin Rentals before booking. *The cancellation policy applies to booked reservations that are canceled by the property manager due to inappropriateness of intended use.*
11) CHECK-IN / CHECK-OUT
CHECK-IN (READ CAREFULLY) All cabins have either a coded entry, or a lockbox, so there is no need to come to the office to pick up a key. Normal Check-In Time is 4:00 PM. During Holidays and busy seasons, check-in time will vary depending on Housekeeping's workload. Please call the office within 1 hour of arrival to your property to report any damages or other issues, otherwise, you may be held responsible for previous guests' damage.
- The early check-in option is available when the prior guest departure is not scheduled for your arrival date. When available, the early check-in option allows you to arrive at 1:00 PM. If you purchase this option and we need to cancel the early check-in for any reason, we will let you know as soon as we are able, and your early check-in fee (including tax) will be refunded. The early check-in option is not guaranteed since someone may book the night prior to your arrival AFTER you select early check-in. To truly guarantee the availability of early check-in, you need to simply reserve the night preceding your arrival date.
- The late check-out option is available when the next guest arrival is not scheduled for your departure date. When available, the late check-out option allows you to depart at 2:00 PM. If you purchase this option and we need to cancel the late check-out for any reason, we will let you know as soon as we are able, and your late check-out fee (including tax) will be refunded. The late check-out option is not guaranteed since someone may book the night of your departure AFTER you select late check-out. To truly guarantee the availability of late check-out, you need to simply reserve the night of your departure date.
- Upon departure, please place all used dishes, glassware and silverware in the dishwasher, put in soap, and turn it on. Pots and Pans should be cleaned separately.
- Tenant is expected to collect and deposit trash in outdoor trash containers (or that may be in the garage), and not leave a mess.
- DO NOT TURN THE HEAT, OR HOT TUB, OFF IN WINTER MONTHS.
- Report any damages to the office prior to departure so that any qualified damages may be covered by the Vacation Rental Damage Insurance.
ACCEPTANCE OF THE TERMS AND CONDITIONS INDICATES ACCEPTANCE TO HAVE ALL UNINSURED DAMAGES OR THE COST OF REQUIRED SERVICES APPLIED TO CREDIT CARD.
12) USER ERROR, LOCK-OUTS, AND LOST KEYS
All systems are checked to confirm they are working prior to each arrival. Call our office to seek service if an advertised amenity ceases to function. There may be a charge for service if the cause of the malfunction is user-error. If a key is lost, there will be a $45.00 charge.
Weather conditions in the mountains of North Carolina are unpredictable. Please remember that rain, fog, snow, sleet, and ice are possible. Road conditions may become hazardous before or during your stay. For this reason, a 4-wheel drive vehicle, tire chains and the ability to drive on snow and ice are the only things we can recommend to get to or from the property. A 2-wheel drive vehicle with chains, or a 4-wheel drive vehicle without chains, will not operate as well as 4-wheel drive with chains; especially on steep inclines that are likely.
14) EQUIPMENT FAILURE AND OTHER INCONVENIENCES
All equipment and advertised amenities should be in working order. Please report any equipment problems to the office immediately. Please be patient if you encounter any inconveniences. Carolina Cabin Rentals maintenance staff are motivated to serve you and will address to the best of ability. Refund decisions, regarding appropriateness or amount, for equipment failure and inconveniences are decided by Carolina Cabin Rentals and will consider the interests of both parties to the contract (property owner and renter).
15) HOT TUB USE (IF PROPERTY IS EQUIPPED WITH HOT TUB AMENITY)
Hot tub use is "at your own risk" and the guest is responsible for all persons on the property. Please take care to know the rules of hot tub usage.
- The water chemicals are checked and balanced before arrival. We guarantee water quality at the time of your arrival (conditions apply). If you have any reason to believe the hot tub was not serviced properly prior to your arrival, you must contact the office within 1 hour of your arrival by leaving a message and/or sending an email, and we will provide service at no charge. Use of the hot tub changes the chemical balance as the chemicals remove bacteria, and makes use of the filtration system which removes material from body oil, organic matter, soaps, perfumes, soap/conditioner residue, sunscreen, makeup, etc. . . Showering before use reduces the impact of the use on the tubs chemicals and filter system. Showering after removes chemicals and organic residue that may have been introduced by exposure to the water. It is the guest's responsibility to report if the use of the tub has created the need for servicing. The need for additional servicing is caused by use and there is a fee to maintain the quality during your stay. You may order the service by calling or emailing our guest services team. Standard chemical balance and filter cleaning are $50. A full dump and refill of the hot tub is $100. If the water needs service, continued use of the hot tub without water treatment may cause injury. It is the guest's responsibility to arrange service as needed during the stay.
- Reservations made within 24 hours of arrival should not use the hot tub until after arranging a service to guarantee the water quality. For these "last minute reservations," it is the guest's responsibility to confirm that the hot tub has been serviced.
- A hot tub cover is no representation that it will prevent children from entering. To avoid injury, do not permit children to use or access the hot tub unless closely supervised by an adult. Use extreme caution, and supervise your children at all times during your stay.
- Stay off the hot tub cover: It will not support the weight. If a hot tub cover is broken during your stay, you will be charged to replace the hot tub cover, which can cost more than $600. Remove the cover completely before entry to prevent entrapment. Non-secured or improperly secured covers are a hazard. Failure to follow instructions may result in injury or drowning.
- Water in the hot tub should never exceed 104 degrees F (40C). Temperatures between 100 degrees F (38C) and 104 degree F (40C) are considered safe for healthy adults. Lower temperatures are recommended for children. Usage time for these temperatures is 10 minutes; prolonged usage may be injurious to your health. Before using a hot tub, the water temperature should be measured with an accurate thermometer.
- Pregnant women should consult a physician before using a hot tub.
- Medications, alcohol or drugs should not be used before or during hot tub use as they can lead to unconsciousness with the possibility of drowning. A physician should be consulted before using a hot tub if there is a medical history of heart disease, low or high blood pressure, circulatory system problems, diabetes or if suffering from obesity. Any person using medications should consult a physician before using a hot tub. Some medications may induce drowsiness. Other medications may affect heart rate, blood pressure, and circulation and may cause drowning.
- Do not use hot tub unless all suction guards are installed to prevent body and hair entrapment. Never operate the hot tub if the suction fittings are broken, cracked or missing.
- Do not permit any electric appliances such as a telephone, light, radio or television within 10 feet of the hot tub.
- People with infectious diseases should not use the hot tub.
- Wet surfaces can be slippery; to avoid injury, exercise care when entering or exiting the hot tub.
- Do not use a hot tub immediately following strenuous exercise.
- The use of alcohol or drugs can greatly increase the risk of fatal hyperthermia in hot tubs.
- No horseplay or roughhousing in the hot tub.
16) NOT ALL PROPERTIES HAVE AIR CONDITIONING
Please be aware that NOT all of the properties managed by Carolina Cabin Rentals are equipped with air conditioning. If it is important to have Air Conditioning, the online reservation system enables a filter to search only homes with Air Conditioning. It is the responsibility of the person making the reservation to gain familiarity with the amenities of the property, which may or may not include air conditioning. The agent is not responsible for weather conditions at the time of tenancy, and there will be no refunds or switching of properties due to lack of air conditioning.
Restrictions listed on the website.
Pet-friendly properties accept pets with a non-refundable pet fee of $35 per pet per day. All pets must be put in a crate if left unattended at the property. Unless otherwise specifically permitted in the advertising, no pets shall be allowed on the premises. Tenant's breach of this provision shall be considered material and shall result in forfeiture of any monies paid and the termination of tenancy.
Evidence of a pet at the property without prior approval may result in a $100 fee in addition to the pet fee charged to the credit card on file post-departure.
Please note that we cannot guarantee that properties advertised as not allowing pets have never had a pet in the property.
18) NUMBER OF CARS
Please be aware that some communities have strict standards regarding the number of vehicles allowed to park at a property. Some areas may not allow motorcycles, RVs, or trailers. You must adhere to these regulations at all times during your stay.
You will be prompted by email for the number and type of cars.
The Agent reserves the right to substitute accommodations if circumstances require. Circumstances include but are not limited to acts of nature, malfunctions, or other accidents that render a property uninhabitable. In the event that a property becomes unavailable, the agent will contact the tenant to offer alternative properties or a full refund.
20) LONG DISTANCE TELEPHONE CALLS; PAY PER VIEW TELEVISION
Telephones are included in a number of our vacation homes for your convenience. Please do not charge any calls to the owner. Pay-Per-View television, including HBO, special sporting events, Showtime, and other such channels are not included in your rental unless otherwise stated on internet listing. Viewing of PPV programs is prohibited by the owner and will result in charges to your deposit and/or credit card.
21) ITEMS LEFT IN PROPERTY
Carolina Cabin Rentals is not responsible for items left in rental properties. It is important to check thoroughly to avoid leaving your belongings. If you failed to remove and pack a belonging, we will attempt to locate the item, deliver it to the office, and arrange to ship to the address you provide. But please remember that success with locating and returning the item to you is affected by many variables. So there is no guarantee that left items will be found. If you contact us and request service related to a lost and found item, you will be charged for the service (generally $35 but is subject to change) which will be charged to the credit card on file regardless of whether the item is found. Shipping will not be charged unless we successfully locate and deliver the item for shipping.
Items found but not claimed within 2 weeks of departure date will be donated to charity.
22) OWNER'S CLOSETS OR OTHER LOCKED AREAS
Any locked closets or other areas are reserved for the storage of the Owner's private property. They are absolutely not included with a reservation.
From time to time it may be necessary for the agent to enter the property during reasonable hours for any purpose connected with the repair, care or management of the property.
24) WHAT IS PROVIDED AT THE HOUSE UPON ARRIVAL
All properties are set up for light housekeeping. Beds are made with clean linens and one towel is provided for each guest. If you require more than a single towel per guest, it is recommended that you bring towels from home. Carolina Cabin Rentals, Inc. provides a STARTER SET of toilet tissue, bath soap, dish soap, and trash bags. This is enough for one night, or perhaps two, but if you are staying for an extended period of time, you should plan to bring supplies from home or plan to purchase these items after arrival. Kitchens should be stocked with kitchenware and tableware sufficient for basic meal preparation. Specialty cookware is not guaranteed to be available at the property, and thus should be packed by you if necessary.
25) DISBURSEMENT OF RENT TO THIRD PARTIES/FEES
Tenant authorizes Agent to disburse up to fifty (50%) of the rent to the owners (or as owner directs) prior to tenant's occupancy of the premises, and the balance of the rent upon the commencement of the tenancy or as otherwise permitted under the Vacation Rental Act. Tenant agrees to pay $25 processing fee for any returned check. Tenant also authorizes Agent to disburse prior to tenant's occupancy of the premises any fees owed to third parties to pay for any goods, services, or benefits procured by the agent for the benefit of the tenant or property owner.
26) TRANSFER OF PREMISES
If the owner voluntarily transfers the premises, the tenant has the right to enforce this Agreement against the grantee of the premises. If a tenant's occupancy under this agreement is to end 180 days after such recordation. The tenant has no right to enforce the terms of the agreement unless the grantee agrees in writing to honor this agreement. If the grantee does not honor this agreement, the 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 10 days after transfer of the premises, the grantee or the grantee's agent is required to (i) notify the 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 the tenant has the right to occupy the premises subject to the terms of this agreement or receive a refund of any payment made by the tenant.
Upon termination of the owner's interest in the premises, whether by sale, assignment, death, the 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 the tenant by email 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 the tenant within 30 days.
If the owner's interest in the Premises is involuntarily transferred prior to the tenant's occupancy of the premises, the owner is required to refund to the tenant all advance rent paid by tenant (and other fees owed to third parties not already lawfully disbursed) within 60 days of the transfer.
27) 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 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. Tenant agrees to not use the premises or amenities for any activity or purpose that violates any criminal or copyright law or governmental or local regulation, including noise ordinances, local parking restrictions, and illegal use of the internet. Tenant's breach of any duty contained in these terms and conditions shall be considered material and shall result in the termination of tenancy. Carolina Cabin Rentals will cooperate with any investigation of illegal activity that seeks to hold perpetrators responsible.
28) AGENTS DUTIES
The agent agrees to provide the premises in a fit and habitable condition. If at the time Tenant is to begin occupancy of the Premises, Agent cannot provide the premises in a fit and habitable condition or substitute a reasonably comparable property in such condition, Agent shall refund to Tenant all payments made by the Tenant.
AGENT SHALL CONDUCT ALL BROKERAGE ACTIVITIES IN REGARD TO THE AGREEMENT WITHOUT RESPECT TO RACE, COLOR, RELIGION, SEX, NATIONAL ORIGIN, HANDICAP, SEXUAL ORIENTATION, OR FAMILIAL STATUS OF ANY TENANT.
29) MANDATORY EVACUATION
If State or Local authorities order a mandatory evacuation of an area that includes the Premises, Tenant shall comply with the order. 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 mandatory evacuation order, or (ii) Tenant purchased insurance offered by the landlord or real estate broker. The insurance offered shall be provided by an insurance company duly authorized by the North Carolina Department of Insurance, and the cost of the insurance shall not exceed eight percent (8%) of the total rent charged for the vacation rental to the tenant.
30) 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. The 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 the Agreement (including any addendum hereto) that according to its terms would result in the termination of Tenant's tenancy; (iii) fails to pay rent as required by this Agreement; or (iv) has obtained possession of the Premises by fraud or misrepresentation.
31) 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 the 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, alteration 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 the written permission of the agent. There is a disclosure on the property page if a camera is on the premises. Acceptance of terms and conditions is acknowledgment and acceptance of this information by the tenant.
Any claim or dispute arising from or related to this agreement shall be settled by first meeting face to face to discuss the matter, secondly by mediation and, if necessary, by legally binding arbitration in accordance with the Rules of Procedure for Christian Conciliation of the Institute for Christian Conciliation, a division of Peacemaker Ministries (complete text of these Rules is available at www.HisPeace.org). Judgment upon an arbitration decision may be entered in any court otherwise having jurisdiction. The parties understand that these methods shall be the sole remedy for any controversy or claim arising out of this agreement and expressly waive their right to file a lawsuit in any civil court against one another for such disputes, except to enforce an arbitration decision.
33) NO SMOKING
ALL of our properties are NON-SMOKING properties. You may not smoke inside any of the properties. If any sign of smoking is found inside a property, the responsible party accepts responsibility for smoke odor remediation, and possibly to reimburse the property owner for time off the market, should remediation require extended time.
34) AMERICANS WITH DISABILITIES
The properties in our vacation rental program are privately owned residences, and NONE of the properties meet the standards to be ADA Compliant.
ALL RESERVATIONS MADE VIA THE WEB HAVE ACCEPTED AND AGREED TO ALL TERMS IN THIS AGREEMENT IN FULL BY CHECKING THE BOX IN STEP 1 OF THE RESERVATION PROCESS. YOU CANNOT GET TO STEP 2 OF THE RESERVATION PROCESS AND PAY FOR YOUR RESERVATION WITHOUT CHECKING THIS BOX.
IF THIS RESERVATION WAS MADE WITH CAROLINA CABIN RENTALS, INC. THROUGH ANY MEANS OTHER THAN THE ONLINE RESERVATION SYSTEM, THIS AGREEMENT IS EMAILED TO YOU ALONG WITH YOUR RESERVATION CONFIRMATION. WHILE 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, YOUR RESERVATION IS NOT GUARANTEED AND CONFIRMED UNTIL RECEIPT OF A STATEMENT OF ACCEPTANCE FROM THE EMAIL ADDRESS ASSOCIATED WITH THE RESERVATION.
I agree to abide by the rules and policies herein as well as those pertaining to the property I am renting. Failure to adhere to the rules and policies may result in forfeiture of my deposit and/or denial of occupancy without refund. I agree with the rules and policies concerning the use of the hot tub. I will not bring a pet to a property that does not allow such. I understand that my property is not equipped with air conditioning unless otherwise stated on the internet listing. I authorize the use of my credit card for any damages incurred during my tenancy.
I agree that this is a legally binding document and I have read and agree to all terms and conditions in this document.