VACATION RENTAL AGREEMENT AND 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 GUESTS. 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, as agent of the owner, hereby rents to Guest, and Guest hereby rents from Agent, the vacation property described in this email (referred to hereafter as the “Premises”). Guest agrees on the terms contained in this Agreement that includes your name, billing address, rental dates, check in/out times, rent, pet fee(s), taxes, service/cancellation fees, Damage Protection Policy, Trip Insurance Policy (if applicable), Rental Policies, third party add-ons, any additional fees, and credit card fees and are incorporated and made a part of this vacation rental agreement.
** Tax rates are calculated as of the time of this Agreement. Guest shall be responsible for payment of all applicable taxes according to rates in effect at the time of occupancy.
- Agent encourages Guest to purchase Trip Interruption Insurance, especially during the winter months. Guests’ decision with respect to the purchase of trip interruption insurance will affect Tenant’s rights in the event of a mandatory evacuation. See paragraph 10 below.
- Disbursement of Rent and Third-Party Fees. Guest authorizes Agent to disburse up to fifty percent (50%) of the rent detailed above to the owner (or as the owner directs) prior to Guest’s occupancy of the Premises, and the balance of the rent upon the commencement of the tenancy, a material breach of this Agreement by Guest, or as otherwise permitted under the Vacation Rental Act. Guest agrees to pay a $75.00 processing fee for any check of Guest that may be returned by the financial institution due to insufficient funds or because Guest did not have an account at the financial institution. Guest also authorizes Agent to disburse prior to Guest’s occupancy of the Premises any fees owed to third parties to pay for any goods, services, or benefits procured by Agent for the benefit of Guest, including but not limited to any fees set forth herein payable to Agent for reservation, transfer or cancellation of Guest’s tenancy.
- Trust Account. Any advance payment made by Guest shall be deposited in a trust account with First Bank, located at 1985 Hendersonville Road, Asheville, NC 28803. Guest agrees that any advance payment may be deposited in an interest-bearing trust account and that any interest thereon shall accrue for the benefit of, and shall be paid to, the owner (or as the owner directs) as it accrues and as often as is permitted by the terms of the account.
- Guest Duties. Guest agrees to comply with all obligations imposed by the Vacation Rental Act on Guest 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 Guest uses; and 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. Guest 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. Guest’s breach of any duty contained in this paragraph including but not limited to the Rental Rules shall be considered material and shall result in the termination of Guest’s tenancy. Guest acknowledges that they are at least 25 years of age and must provide a valid and current ID along with the return of this signed Rental Agreement.
- Occupancy Limits. Unless otherwise stated, occupancy of the Premises shall be limited to two persons per bedroom, including family, children and Guest guests. Bedding arrangements in the Premises are portrayed only to illustrate possible sleeping arrangements and may not be taken as a representation of permitted occupancy. Guest agrees to be responsible for ensuring that maximum permitted occupancy of the Premises is not exceeded during the term of this Agreement and should contact Agent with any questions regarding permitted occupancy of the Premises.
- Agent Duties. Agent agrees to provide the Premises in a fit and habitable condition. If at the time Guest 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 Guest all payments made by Guest. Agent shall conduct all brokerage activities 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 Guest.
- Cancellation. Reservations canceled on or prior to 60 days from the check-in date will receive a 100% refund, less a $45.00 cancellation fee. Reservations canceled after 60 days and on or before 30 days from the check-in date will receive a 50% refund of the reservation amount, less a $45.00 cancellation fee. For reservations cancelled within 30 days of the check-in date all payments are non-refundable. Reservations received within 30 days of the check-in date are considered a firm reservation, payment is due in full and is non-refundable. It is up to the Guest to seek refund from Agent for third party upgrades paid for in advance, noting that most vendors have 48-hour cancellation policies and monies already paid to any third party on Guest’s behalf are non-refundable.
- Transfer of Premises.
(a) If the owner voluntarily transfers the Premises, Guest has the right to enforce this Agreement against the grantee of the Premises if Guest’s occupancy under this Agreement is to end 180 days or less after the grantee’s interest in the Premises is recorded. If Guest’s occupancy is to end more than 180 days after such recordation, Guest 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, Guest is entitled to a refund of all advance rent paid by Guest (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 Guest 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 Guest whether Guest has the right to occupy the Premises subject to the terms of this Agreement or receive a refund of any payments made by Guest. 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.
(b) 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 Guest (and other fees owed to third parties not already lawfully disbursed) to the owner’s successor-in-interest within 30 days, and notify Guest by mail of such transfer and of the transferee’s name and address. However, if Guest’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 Guest (and other fees owed to third parties not already lawfully disbursed) must be transferred to Guest within 30 days.
- 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 a mandatory evacuation order, or (ii) Tenant purchased such insurance from Agent.
- 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. Guest may be evicted under such procedures if Guest: (i) holds over in possession after Guest’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 Guest’s tenancy; (iii) fails to pay rent as required by this Agreement; or (iv) has obtained possession of the Premises by fraud or misrepresentation.
- Indemnification and Hold Harmless; Right of Entry; Assignment. Guest 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 Guest’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. Guest 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 Guests. Guest shall not assign this Agreement or sublet the Premises in whole or part without written permission of Agent.
- Other Terms and Conditions. Please review the additional Rental Policies listed below. Guest agrees that Guest has received and read all rental policies and that they shall constitute an integral part of this Agreement.
- 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.
DEPOSITS AND PAYMENTS: To secure a reservation 50% of the total stay including fees and prevailing taxes is required as a deposit along with a signed Rental Agreement and copy of your valid ID. The remainder of the balance is due sixty (60) days prior to the check-in date and will be charged to the credit card on file. For reservations secured within 30 days of the check-in date payment is due in full. We accept all major credit cards, money orders and cashier’s checks. Reservation paid for with money order or cashier’s check will not be confirmed until the payment has been received.
CHECK-IN AND CHECK-OUT: Prior to your arrival you will receive an email Welcome Letter with specific check-in and check-out details about the property. Please read through it carefully. It will include local driving directions, a custom door code to the property and detailed instructions about the house. Check-in is at 4pm (EST). Check-out is at 10am (EST). Should a guest reside in the property past check-out time without prior approval by the Manager on duty, a fee of $100/hour for the first two hours a guest remains on the property will be charged to the card on file. Should any guest remain on the property after 12pm (EST) a full nightly rate, including taxes, will be charged to the card on file.
The expectation is that the guest will leave the house in the same orderly fashion that it is found in by the guest at check-in. Please be sure to review the check-out procedures that will be provided in your Welcome Letter. Upon check-out it is the guest’s responsibility to load all dirty dishes into the dishwasher and start the wash cycle or hand wash any other soiled kitchen items. All beds must be stripped, soiled linens laid in a pile on the bed and dirty towels placed in a pile on the bathroom floor. Please ensure that all lights are turned off and that the property is secure when exiting the home.
HOUSEKEEPING: Cleanliness is of the highest priority for us. A cleaning fee is charged to every reservation for the home to be serviced and inspected after your departure. This fee is found on the description page of the property as each property’s fee varies due to size of the home and its amenities. Cleaning fees are taxable. All homes come with fresh linens and bath towels.
PETS: We do have pet friendly homes; these properties will indicate on their description page if the owners will allow dogs. Cats are not permitted to stay at any of our properties. A non-refundable fee of $200/pet is charged, pre-approval is required. We require all dogs to permitted to be on any of the furniture or beds at any time. Unapproved pets to be found in a home will incur our pet fee and charged to the credit card on file.
AMENITIES/FIXTURES: While we strive to provide an exceptional experience for our guests, appliances, including but not limited to hot tubs, water, electricity etc… do malfunction or break. Please notify the Agent as soon as possible of any issues in order to for the repair or replacement of any given item in a timely manner. We do not provide refunds in these cases and will do our best to rectify the issue in the quickest time possible.
DAMAGE PROTECTION POLICY: Damage Protection Policy covers unintentional damages to the rental unit interior/exterior that may occur during your stay so long as they are disclosed to management prior to check-out. The Policy will pay for a minimum of $1,500 or maximum up to $3000, depending on which policy is required for the property. Any damages that exceeds the policy coverage will be charged to the credit card on file. The Damage Protection Policy does not cover damage or loss that is not disclosed or intentional. To avoid erroneous blame, you are required to immediately notify our staff if anything is broken or damaged when Guest checks-in at the home. Prior to, or immediately upon, vacating the home, you must inform our staff if there have been any incidents of loss or damage that have occurred during your occupancy. The Damage Protection Policy does not replace or negate your responsibility for all members of your party as a primary renter. It does not cover any act of intentional or negligent destruction, pet damage, re-keying, property damage resulting from but not limited to motorized vehicle, additional cleaning if the home is left excessively dirty, or invoices associated with your rental that may be presented subsequent to your occupancy. Guest is financially responsible for all costs associated with repair and replacement of damage and loss caused by actions and events outside of those allowed under the Damage Protection Policy.
INCLEMENT WEATHER: Agent is not responsible for potential or current inclement weather situations. Should there be a winter storm, hurricane, or other act of nature, no refunds will be given. We encourage purchasing travel insurance to cover any such loss due to weather related issues, especially for trips during the winter months. Trip protection policies can be purchased at the time the reservation is made or afterwards by calling Inspired Getaway.
CLEANING ISSUES: Although we take great pride in our cleaning and inspection process to ensure the best guest experience. Any damage or cleaning issues noticed upon arrival should be reported to the Getaway management immediately. All general maintenance issues should also be reported so the unit can be kept in good repair. Please contact Getaway to address any cleaning issues upon your arrival so that we may correct the issues promptly. If additional labor hours are required to clean the home due to Guest’s use, you will be charged an additional fee according to the hours required to ensure a clean and habitable property for the next guest. You will not incur any additional charges if the following items including our rental policies are adhered to:
- No damage to the unit or its contents including the linens and towels.
- No items are missing upon the inventory check. (This includes, but is not limited to, transferring items to other units.)
- All debris, garbage and discards are bagged and placed in proper containers.
- All soiled dishes are placed in the dishwasher and wash cycle started.
- Exceeding the maximum occupancy of the unit.
- No smoking or evidence of smoking inside of the home and exterior is free of smoking debris.
- Unit is left in neat condition with no furniture misplaced.
- Pet friendly units show no sign of pet damage or require excessive cleaning.
- Pets are cleaned up after and waste disposed of appropriately.
HOT TUBS: If the property has a hot tub we do charge a cleaning fee of $50 to ensure the tub is clean and sanitary for each guest. No children under the age of 16 permitted in hot tubs without adult supervision. When using the hot tub, remember there is a certain health risk associated with its use. Use at your own risk. Since the tubs are sanitized and cleaned for your arrival, the may not be warm until later that evening. DO NOT STAND or SIT ON THE HOT TUB COVERS. Hot tub covers are for insulation purposes and are not designed to support a person or persons. Guest will be charged for a replacement cover, the cost to replace a tub cover starts at $600 depending on the size of the tub. HOT TUB COVER MUST REMAIN ON WHEN NOT IN USE. Guests may consider bringing beach towels to use with the hot tub. Agent is not responsible should the hot tub be out of order due to necessary repairs for the health and safety of our guests.
FIREPLACE: Properties with a wood burning fireplace please do not burn anything in the fireplace other than wood purchased from a local provider as to not transport unwanted pests. Be sure to check that the flue is open prior to use. Do not leave the fireplace unattended when in use and always place the screen provided over the opening. Use only the tools provided inside the fireplace.
SMOKING AND GARBAGE: All properties are strictly non-smoking. A minimal fee of $500 will be charged to the credit card on file should we find evidence of smoking inside the home. Guest understands that it is their responsibility to dispose of all smoking materials and garbage of any kind in the proper containers. ALL garbage must be bagged. Should your stay fall on the garbage collection day, please have all cans to the curb by 7am. This information will be provided in your Welcome Letter.
NOISE ORDINANCE: For the respect and courtesy for all of our surrounding neighbors, we respectfully follow Quiet Hours of 11pm to 7am (EST). Noise complaints to the Night Manager due to the guest’s noise levels heard from outside the home will incur a $250 fee that will be charged to the card on file. Any subsequent calls to the Night Manager will incur a $250 fee/incident. Should the Police receive a valid noise complaint and visit the premises, a fee of $400 will be charged to the card on file and the expedited eviction process will begin.
CREDIT CARD AUTHORIZATION: Guest understands and consents to the use of the credit card provided without original signature on the charge slip, that an email of this agreement will serve as an original, and that this Credit Card Authorization cannot be revoked and will not terminate until 60 days after the rental is vacated. Additional charges may include but are not limited to: cable TV charges; excessive cleaning fees; damages beyond normal wear and tear and unreturned keys. All charges that are not covered under the Damage Protection Policy may be included.
Additionally, should Guest incur additional fees, Guest agrees not to dispute this charge with Agent or with his or her credit card company.