This Property is managed by a professional property manager (“Agent”) on behalf of Owner, and all Bookings are subject to these additional terms and conditions (together, “Addendum”) . The terms of this Addendum are incorporated by reference and supersede any conflicting terms in the Agreement. Capitalized terms not otherwise defined in this Addendum shall have the meaning ascribed to them in the Agreement. Reference in this Addendum to the term “Agreement” means the Agreement as amended by this Addendum. This Agreement constitutes a contract between the Guest and the Agent, as well as RedAwning. Payment of the deposit by Guest and acceptance of the deposit by RedAwning/Agent constitutes execution and acceptance of the terms of the Agreement.
THIS IS A VACATION RENTAL AGREEMENT UNDER THE NORTH CAROLINA VACATION RENTAL ACT (HEREAFTER “VRA”). 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 AGREEMENT TO RENT, 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.
DEPOSITS: All deposits are held in an interest-bearing trust account at CresCom Bank, 3178 Holden Beach Road, Holden Beach, North Carolina 28462.
CHECK-IN/CHECK-OUT: Check-in time is 3:00 PM local time on your arrival date. Check-out time is 10:00 AM local time on your departure date.
TRANSFER: Section 42A-19(a) of the VRA provides that if the Property is voluntarily transferred by the owner, Guest has the right to enforce the Vacation Rental Agreement against the grantee of the Property if the Booking end date is one hundred-eighty (180) days or less after the date the grantee’s interest in the Property is recorded in the Register of Deeds Office. If the Booking end date is more than one hundred-eighty (180) days after recordation of the grantee’s interest in the Property, Guest has no right to enforce the terms of the Agreement unless the grantee agrees in writing to honor the Agreement, but Guest is entitled to a full refund of any payments he or she has made. Unless the Property continues to be managed by Agent after transfer, within ten days of a property transfer, each Guest will be notified in writing of the property transfer, the grantee’s name and address, and the date the grantee’s interest was recorded. If the owner’s interest is involuntarily transferred to another prior to Guest’s occupancy of the Property, Agent shall refund to Guest any payments made by Guest within sixty (60) days after the transfer.
RIGHTS AND OBLIGATIONS: Pursuant to 42A-17(b), if at the time Guest is to begin occupancy of the Property, Owner or Agent cannot provide the Property in a fit and habitable condition or substitute a reasonably comparable property in such condition, as determined by Owner or Agent in its sole reasonable discretion, Owner or Agent shall refund to Guest all payments made by Guest.
ADVANCE PAYMENT USES: Pursuant to Section 42-16 of the VRA, Owner or Agent may disburse prior to occupancy of the Property up to fifty percent (50%) of the total rent paid in advance for fees owed to third parties for goods, services or benefits processed by Owner or Agent for the benefit of Guest, including administrative fees described in the Agreement. Any funds remaining after an advance disbursement shall be retained by Owner or Agent in its trust account and not disbursed until the occurrence of the first of the following events: (1) the commencement of the Booking; (2) Guest commits a material breach of the Agreement, in which case an amount sufficient to defray actual damages suffered as a result of the breach shall be retained; (3) the funds are refunded to Guest; or (4) the funds are transferred upon the termination of the owner’s interest in the Property.
FIREARMS: Firearms are not allowed on the Property grounds or in the Property premises.
MANDATORY EVACUATION: If the state or local authorities, acting pursuant to Article 36A of Chapter 14 or Article 1 of Chapter 166A of the North Carolina General Statutes, order a mandatory evacuation of an area that includes the Property, Guest in possession of the Property shall comply with the evacuation order. Guest shall not be entitled to a refund if, prior to Guest taking possession of the Property, Guest did not purchase travel insurance that includes as a covered loss or casualty any losses or damages arising or resulting from loss of use of the Property due to a mandatory evacuation order.
LINENS & TOWELS: Many of our homes and condos provide sheets and pillow cases for beds in bedrooms only for Bookings having a term of a week or more. Please refer to your reservation confirmation or call Agent’s office to determine if linens are provided. Please note, towels are not provided in any of our properties.
EXPEDITED EVICTION: Under 42-A-23 of the VRA, the expedited eviction procedure is allowed under the VRA and enforced if the Booking is for thirty (30) days or less. If the Booking is longer than thirty (30) days, Article 3 of Chapter 42 of the North Carolina General Statute applies.
INJURIES: Agent is not responsible for personal injuries to Guests or their invitees at any time during their stay. Guest agrees to indemnify and hold harmless Agent and Owner against any liability for personal injury or property damage sustained by any person (including invitees of Guest) as a result of any cause, unless caused by a violation under the VRA. Unless otherwise conspicuously posted to the contrary, there are no lifeguards on duty at any time on any beach. Guests, their invitees and minors in their care or control swim and play on the beach and in the ocean at their sole risk.
Signature may be required at the time of check-in.