Kradel’s Kabins: Vacation Rental Lease Agreement
Kradel’s Kabins: Vacation Rental Lease Agreement
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.
THE BROKER SHALL CONDUCT ALL BROKERAGE ACTIVITIES REGARDING THIS AGREEMENT WITHOUT RESPECT TO THE RACE, COLOR, RELIGION, SEX, NATIONAL ORIGIN, HANDICAP, FAMILIAL STATUS, SEXUAL ORIENTATION, OR GENDER IDENTITY OF ANY PARTY OR PROSPECTIVE PARTY.
Terms of the Lease Agreement
WHEREAS, Diane Kradel (the “Agent”) is the rental manager of the vacation property that you have booked;
WHEREAS, you, as Tenant, have booked a stay at: (i) Fernwood; or (ii) Wildwood; or (iii) Tanglewood or (iv) Laurelwood; and the booked property shall be referred to herein as the “Subject Property” which shall be interpreted to include the specific booked property itself and its surrounding premises (the “Subject Property”) which may be available for daily or weekly rental;
WHEREAS, the Landlord of the property (referred to as the “Owner” or “we”) has given the Agent the authority to enter into this Lease Agreement (this “Agreement”);
WHEREAS, this Agreement sets forth the terms under which you, as Tenant (referred to as the “Tenant” or “you”, and used in the singular to refer to one or multiple Tenants), will lease the Subject Property for a specified period of time through the Agent; and
WHEREAS, the Tenant understands and agrees that the rights and obligations of “Landlord” as set forth in the North Carolina Vacation Rental Act (N.C.G.S. §§ 42A et al.) (the “Vacation Rental Act”) apply only to the Owner, and not to the Agent.
NOW THEREFORE, in consideration of the rent received and the mutual promises hereinafter set forth, the Owner of the Subject Property, and his/her assigns and successors, through the Agent, hereby leases and rents to the Tenant the Subject Property under and pursuant to the following terms and conditions (whereby the Owner, Agent, and Tenant shall be referred to individually as a “Party” and collectively as the “Parties”):
1. ACCEPTANCE: ANY PAYMENT OF MONEY OR COMPLETING THE BOOKING RESERVATION AFTER RECEIPT OF THIS AGREEMENT IS EVIDENCE OF, AND SHALL BE UNDERSTOOD BY ALL PARTIES TO INDICATE, YOUR ACCEPTANCE OF THIS AGREEMENT. The Tenant may also sign this Agreement and return it to the Owner or the Agent within five (5) days of receipt.
2. PAYMENT OF RENTS AND ACCEPTED FORMS OF PAYMENT: *NO PERSONAL CHECKS ACCEPTED. * Reservation is subject to cancellation by the Agent or the Owner without prior notice to the Tenant if payment(s) have not been made in full by the applicable designated due date(s). Full and timely payment is required under the terms of this Agreement.
3. DISBURSEMENT OF FUNDS: The Tenant expressly authorizes the Agent or the Owner to deposit all funds paid in advance into an escrow account located at the First National Bank in Huntersville, NC (the “Owner’s Escrow Account”). The Tenant acknowledges and authorizes that any advance rent payment, less service fees, taxes, and security deposits, is to be disbursed in advance of occupancy to the Owner’s Escrow Account. Subsequent payments are to be made to the Owner’s account no earlier than the Tenant’s check-in date to pay for any goods, services, or benefits, including, but not limited to cleaning services, pet fees, and necessary repairs. The Tenant acknowledges that the Agent is paid a commission fee for services. With the exception of Direct Bookings through the Owner’s website, security deposits will be held by the booking platform until the earlier of the commencement of your stay or the end of the cancellation period. For direct bookings through the Owner’s website(“Direct Booking(s)”), security deposits are held in the Owner’s Escrow Account until the earlier of the commencement of your stay, or the end of the cancellation period. The Tenant hereby acknowledges that the Owner does not directly hold security deposits and releases any and all rights for civil suit against the Owner or the Agent for any loss of security deposits. A third-party processor is used for any Credit Card or E-Check Payment. ALL PAYMENTS ARE TO BE MADE IN U.S. FUNDS.
4. TAX: The State of North Carolina currently levies a 6.75% sales tax to lodging in the State. Additionally, Watauga County levies a 6% occupancy tax to vacation rentals in the County. Currently, the total amount of taxes levied is 12.75% including the North Carolina Sales Tax and the Watauga County Occupancy Tax. These taxes are billed to the Tenant. The tax amounts and percentages are subject to change at any time. The rental balance owed by the Tenant will be adjusted to the applicable tax rate based on the check-in date, which may increase between the date of the Tenant’s acceptance of this Agreement and the check-in date.
5. DAMAGES: Tenant is responsible for any and all damages to the Subject Property caused by the Tenant, the Tenant’s family, guests, agents, or invitees, and/or by any such person’s pets or vehicles. The Tenant shall report any breakage and/or damages immediately upon its occurrence, regardless of severity or cause. The Subject Property is checked between tenant occupancies carefully by the Owner’s cleaning and/or inspection crews for breakage and/or damages, with all breakage and/or damages reported directly to the Owner. The Tenant agrees to promptly pay for all breakage and/or damages if the Owner determines that the Tenant, the Tenant’s family, guests, agents, or invitees, and/or any such person’s pets or vehicles, caused breakage and/or damages to the Subject Property, and if the Owner requests payment for said breakage and/or damages from the Tenant.
6. SECURITY DEPOSITS: A two-hundred dollar ($200) security deposit will be required. (Not applicable to Airbnb bookings). The security deposit is collected by the Agent or the Owner and is held in a Owner’s Escrow Account . If no breakage, physical damages or contractual damages have occurred during the term of this Agreement, then the full amount of the security deposit shall be returned to the Tenant. If breakage, physical damages, and/or contractual damages have occurred then the cost of the complete repair or replacement of the broken or damaged items or portions of the Subject Property or surrounding premises shall be deducted from the security deposit, and/or the value of the extent of the non-physical damages shall be deducted from the security deposit, as applicable. Following said deductions, the balance of the Security Deposit, if any, shall be returned to the Tenant by the later of: (a) thirty (30) days after the Tenant’s scheduled checkout date; or (b) thirty (30) days after the actual date that the Tenant vacates the Subject Property If the security deposit is insufficient to cover the costs of repairs or replacement to the breakage and/or physical damage(s), then the Tenant shall pay all additional costs and fees pursuant to the terms of this Agreement. If the security deposit is insufficient to cover the extent of the value of contractual damages to the Agent and/or the Owner, then the Owner shall have available any remedy at law or equity to seek such damages from Tenant. The security deposit will be administered in accordance with the North Carolina Tenant Security Deposit Act.
7. REFUNDS: Neither Owner nor Agent will provide refunds for unfavorable weather, late arrival, early departure, interruption of utilities or construction in the area.
8. TRIP CANCELLATION INSURANCE: CANCELLATIONS:
For Direct Bookings or bookings through Airbnb, a full refund for cancellation must be made within forty-eight (48) hours of booking, changes that result in a shortened stay, made within fourteen (14) days of the arrival date, shall cause forfeiture of the full (100%) payment, and at least a seven (7) days’ notice is required for cancellation with a fifty percent (50%) refund. Cancellations made within seven (7) days of the arrival date for reservations made through a Direct Booking or through Airbnb shall cause forfeiture of the full (100%) advance payment and reservation deposit. In the case of a cancellation of a Direct Booking any and all service fees from a credit card processing company shall be covered by the Tenant, and if such fee(s) had already been incurred and/or covered by Owner, then the Tenant shall reimburse Owner for all such fees upon the notice of cancellation. For bookings through VRBO, at least a thirty (30) days’ notice is required for cancellation with a full refund (100%), and at least a fourteen (14) days’ notice is required for cancellation with a fifty percent (50%) refund. Cancellations or changes that result in a shortened stay, or that are made within fourteen (14) days of the arrival date for reservations made through VRBO shall cause forfeiture of the full (100%) advance payment and reservation deposit. Cancellation or early departure does not warrant any refund of the rent or of the deposit. We recommend you choose to purchase travel insurance separately.
9. STORM POLICY/ROAD CONDITIONS (mountain property): No refunds will be given for storms. Mountain roads can be curvy and steep. Gravel drives are well maintained; however, the Owner shall not issue a refund due to road conditions, even if determined to be unsafe to drive and thereby warrants a cancellation of the trip; we highly recommend you purchase travel insurance.
10. TRAVEL INSURANCE: We highly recommend you purchase travel insurance.
11. CHECK-IN: Standard check-in begins AFTER 4PM. We appreciate your patience as we ready the Subject Property for occupancy. Early Check-in services may be available and must be pre-arranged. Please contact the Owner to request this convenience service.
For Tenants arriving after 5:30 pm, it is recommended that the Tenant let the Owner know so that lights can be left on and directions be given for arriving after dark.
12. CHECK-OUT: Tenant will vacate the Subject Property by 10:00 am on check-out day. A fee of up to 25% daily rental rate may be charged for late check-outs. A limited number of Late Check-Out services are available and must be prearranged. Please contact the Owner to request this convenience service. The Tenant is responsible for washing dishes, taking out trash, emptying the refrigerator, leaving the AC set on seventy-two (72) degrees in the summer or heat set on sixty-five (65) degrees in the winter, securing all doors and windows, and leaving the Subject Property in broom-clean condition, damage-free and in good shape for our cleaning team. Any excessive cleaning or excessive trash removal as deemed by the Owner in the Owner’s sole discretion will be billed to Tenant at a minimum fee of $75.00. Please ensure you have packed all your belongings before checking out, as we cannot be responsible for items left at the Subject Property. Contact the Owner for arrangements to have any left items mailed within seven (7) days after your departure, otherwise left items will be disposed of or donated.
13. PERMITTED OCCUPANTS: Tenant shall take possession and maintain possession of the Subject Property for the full leased period. The Tenant shall not permit the property to be occupied or used as a residence by more than the maximum number of occupants as follows: (i) the maximum occupancy for Fernwood or Wildwood shall be two (2) individuals, including children; (ii) the maximum occupancy for Laurelwood shall be six (6) individuals, including children, but no more than four (4) of said individuals may be adults; and (iii) the maximum occupancy for Tanglewood shall be six (6) individuals, including children, but no more than four (4) of said individuals may be adults. The aforesaid maximum number of occupants includes the Tenant, the Tenant’s family (including all children of any age), and guests or other invitees. Over occupying of property or misrepresenting occupancy is grounds for immediate lease termination and/or eviction without refund of any rent or amounts paid, regardless of the date of eviction as this will be considered liquidated damages to cover losses, expenses, and damages of Owner and Agent for taking the Subject Property off the market.
14. FAMILY GROUPS ONLY: Properties are rented to family groups (parents, grandparents, children, and extended family members vacationing in one home) plus their guests only. Tenant and family plus their guests will be sole occupants of this property. No fraternities, school or civic group, unmarried young adults, high school, or college student groups nor other non-family groups are allowed. Tenants, their family, and guests shall all be required to furnish IDs upon request for the purposes of the Owner verifying that the terms of this Section are met. Absolutely no house parties are allowed. Violation of the above is grounds for immediate termination of this Agreement and/or eviction without refund of any rent or amounts paid, regardless of the date of termination or eviction, as this will be considered liquidated damages to cover losses, expenses, and damages of Owner and Agent for taking the Subject Property off the market. Occupancy shall not exceed the maximum allowed by law nor by this Agreement if less than the maximum allowed by law. NO EXCEPTIONS. The undersigned leaseholder represents themselves to be an adult twenty-one (21) years of age or older, who will occupy the Subject Property throughout the entire tenancy.
15. PROHIBITED CONDUCT: Absolutely no house parties, beer kegs, fireworks of any kind, ATVs or RVs, no videotaping of Subject Property or surrounding premises, nor illegal activities are allowed on Subject Property and surrounding premises. Violation of this will result in the immediate termination of lease and immediate eviction without refund of any rent or amounts paid, regardless of the date of termination or eviction. Misrepresentation, failure to pay in full, obtaining the Subject Property under false pretenses, fraud or material breach of this Agreement shall result in an expedited eviction in accordance with N.C.G.S. §§ 42A et al. The Owner takes safety, security, and good conduct seriously. Verbal abuse, violence or other threats against the Owner or the Agent or their representatives, agents or employees will not be tolerated and is grounds for eviction without refund and legal and/or law enforcement action. The Tenant is responsible for actions and conduct of the Tenant, the Tenant’s family, and all guests, invitees, and occupants of the Subject Property. The Tenant is responsible for ensuring safe and responsible behavior.
16. PETS: Pets are specifically prohibited at Fernwood, Wildwood and Laurelwood. Pets are allowed at Tanglewood. Pets are limited to not more than two (2) house-broken domestic animals. All pets shall be declared. A fifty dollar ($50) fee per stay is charged for additional cleaning on all reservations that include pet(s). You are required to clean behind your pet in the house and outside area and a failure to do so will result in, additional cleaning charges to the Tenant. Violation of this policy may result in additional cleaning costs. Tanglewood is treated regularly for pests. PETS FOUND ON PROPERTIES NOT ALLOWING PETS (Fernwood, Wildwood and Laurelwood) AND UNDECLARED PETS FOUND ON THE PROPERTY ALLOWING PETS (Tanglewood) ARE GROUNDS FOR IMMEDIATE EVICTION AND UP TO A $1,000 PET DAMAGE AND CLEANING CHARGE.
13. RIGHT OF ENTRY AND ACCESS TO THE SUBJECT PROPERTY: The Owner and Agent reserve the right to enter and inspect the Subject Property with a reasonable notice to the Tenant. The Owner and Agent reserve the right to enter the Subject Property or schedule for professional services during the tenancy including but not limited to inspecting, making repairs, replacements, or installations. The Tenant is responsible for securing the Subject Property during tenancy, including protection from intruders and the elements. The Tenant may not share the entry code to property.
14. MAINTENANCE: The Owner makes every reasonable effort to keep each property and its equipment and amenities in good working order. The Tenant shall notify Owner in writing within twenty-four (24) hours of any difficulty encountered so repairs or services can be arranged as soon as is reasonable regarding the level of urgency. The Owner and the Agent have a right to cure all maintenance related concerns at the Subject Property in a reasonable amount of time. Neither the Owner nor the Agent shall be liable for damages and no refunds will be given for such temporary failure, inoperable appliances or faulty equipment or maintenance problems, provided that the Owner or the Agent is seeking to service, repair or replace said failure in a reasonable manner upon receipt of written notification from the Tenant of same. False or unwarranted maintenance repairs called for by the Tenant will be billed to Tenant. The Owner and the Agent reserve the right to enter the Subject Property or schedule for professional services and hired individual(s) to enter the Subject Property during tenancy, including but not limited to inspecting, servicing, making repairs, replacements, or installations. Difficulties with utilities, services or amenities provided by third-party vendors may take additional time to remedy as the Owner and the Agent have limited ability to control scheduling.
15. ELECTRONICS/SERVICES: No refunds will be provided for the malfunction of any electronics or services, including but not limited to cable, internet and TV. No guarantee is offered for reception and no refunds are offered for failure, interruption in service, delay in response time or spotty reception of cable, satellite, internet, or other services to the property.
16. NON-SMOKING PROPERTIES: All of our properties, including the Subject Property, are designated “Non-Smoking”. Please respect this request. The Tenant agrees to pay a $500 additional cleaning/deodorizing fee if smoking occurs at the Subject Property. The Owner and the Agent will have absolute and sole discretion in determining if a smoking related violation has occurred.
17. DRINKING WATER/WELLS: All of our properties, including the Subject Property, are served by a private well system. Low water pressure and temporary lack of water may occasionally occur. Plan to buy bottled water for drinking, cooking, and ice purposes in the event of a temporary lack of water. Please call the Owner or the Agent if there are any questions. Low water pressure and a temporary lack of water shall not warrant a refund.
18. POTENTIAL NEED FOR 4-WHEEL DRIVE TRANSPORTATION: The Subject Property is a mountain cabin. Therefore, if you are renting the Subject Property during the winter season you may need 4-wheel drive vehicles and/or tire chains to access the properties. The inability to access the Subject Property during the winter season due to a failure to use a 4-wheel drive vehicle and/or tire chains shall not warrant a refund.
19. GRILLING: Do not attempt to move outdoor grills to another area of the Subject Property. Attempting to do so will result in the Tenant being wholly responsible for any and all related damages. The Tenant agrees to clean the grill before vacating so the next guest finds it ready for use.
20. FIREWORKS: Fireworks are not permitted on or around the Subject Property at any time.
21. HOT TUBS/SPAS: If the Subject Property has a hot tub, the Tenant releases the Owner and the Agent from any and all liability for any injuries or death resulting from the Tenant or Tenant’s guests’, family and other invitees’ use of the hot tub. DO NOT ADD ANY CHEMICALS OR OTHER AGENTS TO THE HOT TUB, POOL OR SPA. The spa cover should be replaced when not in use. No alcohol, pets, or urinating in hot tubs, pools or spas. Children under 12 are NOT permitted in hot tubs. PROPER SUPERVISION IS REQUIRED AT ALL TIMES.
22. OWNER OBLIGATIONS UNDER THE VACATION RENTAL ACT: The Owner agrees to provide the Subject Property in a fit and habitable condition. If at the time of occupancy the Owner cannot provide the Subject Property in a fit and habitable condition or reasonably resolve the issues or substitute another comparable property, then Owner or the Agent will refund all monies paid by the Tenant. In the case of a failure once occupancy occurs and the Tenant notifies the Owner in writing of a failure or condition with the property that requires repairs for the Subject Property to be in a fit and habitable condition then the Tenant agrees that the Owner will work to find a commercially reasonable solution to resolve the issue identified. The Owner or the Agent and appropriate vendors providing the repair/replacement service(s) will have reasonable access to the Subject Property. Neither the Owner nor the Agent will be liable to the Tenant for damages and no refunds for any temporary failures and/or refusal of repairs during your tenancy shall be given, provided that the Owner is taking steps to repair the condition in a commercially reasonable manner. The Owner shall ensure that every level of the living area has an operable smoke detector with replaced batteries replaced annually. If the Subject Property has a fossil-fuel burning heater, appliance or fireplace, then an operable carbon monoxide detector is also required, and Owner will have a carbon monoxide detector at the Subject Property.
23. TENANT OBLIGATIONS UNDER THE VACATION RENTAL ACT: The Tenant agrees to comply with all obligations imposed as required by the Vacation Rental Act. The Tenant obligations that all apply to the Subject Property include and require that the Tenant: shall keep that part of the property which 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 that he or she uses; dispose of all ashes, rubbish, garbage, and other waste in a clean and safe manner; keep all plumbing fixtures in the property or used by the tenant as clean as their condition permits; not deliberately or negligently destroy, deface, damage, or remove any part of the property or render inoperable the smoke detector provided by the Landlord/Owner or the Agent, or knowingly permit any person to do so; comply with all obligations imposed upon the Tenant by current applicable building and housing codes; be responsible for all damage, defacement, or removal of any property inside the Subject 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 Landlord/Owner or Agent, defective products supplied, or repairs authorized by the landlord, acts of third parties not invitees of the tenant, or natural forces; notify the Landlord/Owner or the Agent in writing of the need for battery and/or detector replacement or repairs to a smoke detector. The Landlord/Owner or the Agent shall annually place new batteries in a battery-operated smoke detector, and the Tenant shall confirm the smoke detectors are in working condition and replace the batteries as needed during the tenancy. A failure of the Tenant to replace the batteries as needed shall not be considered negligence on the part of the Tenant nor of the Landlord/Owner or Agent.
24. OTHER TENANT OBLIGATIONS: The Tenant agrees not to use the Subject Property for any activity or purpose that violates any criminal law or regulation and may use the premises for residential purposes only. The Tenant should report any housekeeping discrepancies within twenty-four (24) hours of arrival and allow for an opportunity for these to be remedied. The Tenant agrees to cleanliness and accepts conditions beyond twenty-four (24) hours. The Tenant has an obligation to notify the Owner immediately of any safety issues discovered. The Tenant is responsible for all damages to the property from all family, guests and other invitees, and for ensuring the maximum occupancy of two (2) individuals per bedroom, unless otherwise noted, is not exceeded during tenancy. Due to health department regulations, occupancy on homes served by septic systems is limited to two (2) persons per bedroom, unless otherwise stated (children 2 years and under are excluded in this total count). The Tenant agrees not to over occupy. The Owner’s locked closets are not included in the rental of the Subject Property and are not to be accessed. Fireplaces available for Tenant use are only to be used from October 1st through April 30th.
25. REIMBURSEMENT AND RIGHT TO PROVIDE SUBSTITUTE PROPERTY: Except as provided in the Vacation Rental Act, if, at the time the Tenant is to begin occupancy of the Subject Property, the Owner cannot provide the Subject Property in a fit and habitable condition or substitute a reasonably comparable property, then the Owner or Agent shall refund the Tenant all payments made by the Tenant. If at the time the Tenant is to begin occupancy of the Subject Property, the Owner cannot provide the Subject Property in a fit and habitable condition but the Owner or the Agent is able to secure and provide to the Tenant a reasonably comparable property as a substitute, then the Tenant agrees to accept the substitute property.
26. EXPEDITED EVICTION: If the tenancy created hereunder is for thirty (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 the Tenant, the Tenant’s family, guests, or invitees: 1. Holds over in possession after the Tenant’s tenancy has expired; 2. Commit(s) a material breach of any provision of this Agreement (including any addendum hereto) that according to its terms would result in the termination of tenancy; 3. Fails to pay rent as required by this Agreement; or 4. Has obtained possession of the Subject Property under fraud or misrepresentation.
27. LIMITATIONS OF REMEDIES, DAMAGES AND INDEMNITY: Except as provided in the Vacation Rental Act, if, at the time the Tenant is to begin occupancy of the Subject Property, said Subject Property under this Agreement cannot be provided because of acts of God, fire, damages, eminent domain or if the Subject Property is unavailable because of delay in construction, the unit is sold and no longer renting, or because of lack of water, septic or sewer, or otherwise unfit or uninhabitable, or for any other reason whatsoever, excluding those events that would otherwise be covered through the Tenant’s trip insurance policy obtained individually by the Tenant, the Tenant hereby agrees that Owner’s and Agent’s sole liability as a result of any of these conditions is the full refund of all consideration previously tendered by the Tenant pursuant to the terms of this Agreement. The Tenant expressly acknowledges that in no event shall the Owner nor the Agent be held liable for any consequential or secondary damages, including but not limited to any expenses incurred as a result of moving, for any damage, destruction or loss. In the event of foreclosure, the Owner will notify the Tenant. The Tenant understands their sole recourse is with the Owner of the property. The Agent is not responsible for loss or recovery of funds in the case of foreclosure or other involuntary or voluntary transfer of the Subject Property ownership. The Tenant also agrees that in the case of a double booking or occupancy by the Owner, the Tenant will be entitled to a full refund of all consideration previously tendered by Tenant. If the Owner is able to relocate the Tenant to a reasonably comparable property, the Tenant agrees to pay any difference in rental amount.
28. INDEMNIFICATION AND HOLD HARMLESS; ASSIGNMENT: The Tenant, their family members, guests and all the Tenant’s invitees and occupants of the Subject Property agree to release, hold harmless and indemnify the Owner and the Agent from and against all claims for damages and/or personal injuries to any person (including Tenant’s guests, family members and invitees) arising out of the use of the Subject Property, including interior and all exterior areas, including decks, stairs and other common areas, that occurred during the tenancy of the Subject Property, unless caused by the negligent, grossly negligent, or willful act of the Agent or the Owner, or the failure of the Agent or the Owner to comply with the Vacation Rental Act. The Tenant also agrees to defend the Owner and the Agent from any lawsuit alleging damages and/or personal injury that occurred during the Tenant’s rental of the Subject Property. The Tenant shall not be entitled to any refund due to unfavorable weather, electrical surges, outages, lightning, flooding, hail, hurricane, wind, storm, erosion, sand, government action, maintenance problems, area construction, noise, early departure, restrictions on social gatherings, illnesses, pandemics, stay-at-home or quarantine orders or recommendations, or the disruption of utility services (including cable, telephone reception, and internet) or any and all other matters outside of Owner’s or Agent’s commercially reasonable control. The Tenant agrees to be responsible for any repairs necessary due to the Tenant’s, the Tenant’s family members’, guests’ and other invitees’ negligence. The Owner and the Agent reserve the right to enter and inspect the Subject Property with a reasonable notice to the Tenant.
The Tenant agrees that the Agent, the Owner, or their respective representatives may enter the Subject Property during reasonable hours to inspect the Subject Property, to make such repairs, alterations or improvements thereto as the Agent or the Owner may deem appropriate, or to show the Subject Property to prospective purchasers or tenants. The Tenant shall not assign this lease or sublet the Subject Property in whole or in part without the written permission of the Owner. The Tenant agrees to hold the Owner and the Agent harmless for any liability in event of foreclosure of Subject Property.
IN NO EVENT SHALL THE OWNER’S OR THE AGENT’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EXCEED THE AGGREGATE AMOUNTS PAID OR PAYABLE TO THE OWNER PURSUANT TO THIS AGREEMENT.
29. MANDATORY EVACUATION: In the event of an ordered mandatory evacuation, the Tenant is required by state law to evacuate property. the Tenant agrees to vacate and secure property within four (4) hours of the start of the mandatory evacuation order. Pursuant to the terms of the Vacation Rental Act, if State or local authorities, acting pursuant to Article 1A of Chapter 166A of the General Statutes, order a mandatory evacuation of an area that includes the Subject Property which is a residential property subject to a vacation rental, the Tenant under this Agreement as the vacation rental agreement, whether in possession of the Subject Property or not, shall comply with the evacuation order. Upon compliance, the Tenant shall be entitled to a refund from the Owner of the rent, taxes, and any other payments made by the Tenant pursuant to this Agreement as a condition of the Tenant’s right to occupy the Subject Property prorated for each night that the Tenant is unable to occupy the Subject Property because of the mandatory evacuation order. The Tenant shall not be entitled to a refund if prior to the Tenant taking possession of the Subject Property, the Tenant did not purchase travel insurance that would have compensated the Tenant for losses or damages resulting from loss of use of the Property due to a mandatory evacuation order.
30. ENTIRE AGREEMENT: This Agreement contains the entire agreement of the parties and there is no other representation, inducements, or other provisions other than those expressed here in writing. All changes, additions, or deletion hereto, shall be made in writing and signed by all parties.
31. GOVERNING LAW: This agreement shall be governed by and interpreted in accordance with the law of the State of North Carolina.
32. NOTICE: This is a legally binding contract. If not understood, seek competent legal advice. The Subject Property may be owned by a North Carolina Real Estate Licensee (real estate broker). The Tenant understands that in all negotiations regarding the Subject Property, the Agent will be representing the best interests of the Owner and the Subject Property.
33. Severability. If any term or provision of this Agreement is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.
34. This Agreement benefits solely the Parties to this Agreement and nothing in this Agreement, express or implied, confers on any other person or entity any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of this Agreement.
IN WITNESS WHEREOF, the Tenant acknowledges and accepts rules set forth within this Agreement, including whether trip insurance coverage is in force or declined, as Tenant has individually determined after reviewing the strong recommendations to obtain trip insurance coverage by the prior terms of this Agreement.
This Agreement is executed by each Party hereto, with the Tenant’s acceptance of this Agreement being effective immediately upon Tenant’s booking and first payment, with Tenant understanding and acknowledging that by making payment Tenant is accepting the terms of this Agreement.