VACATION RENTAL 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, 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.
1) BLUE RIDGE MOUNTAIN RENTALS is a Property Management Company. Blue Ridge Mountain Rentals (hereinafter the "Agent") is a real estate agency which rents private homes, condominium units, cottages, and cabins for its Owners. Neither the Owner nor the Agent are responsible or liable for any loss of the Tenant’s personal property, accidents, injury, or damage of any nature from any cause to the Tenant (including guests, licensees, or invitees) or by acts of God, skiing conditions, recreational activities, weather conditions, or road conditions.
2) ROAD CONDITIONS: Weather conditions in the mountains can be unpredictable. Sometimes rain, fog, snow, sleet, or ice create unexpected and hazardous driving conditions - especially during the colder months of November - April. Since road conditions may become hazardous during your stay, a 4-wheel drive vehicle and/or chains and the ability to drive on snow and ice are strongly recommended to get to or from any given property. IT IS YOUR RESPONSIBILITY TO ARRIVE FULLY PREPARED and there will be NO refunds, allowances, or date changes resulting from your negligence in this matter. Please do not ask.
3) CHARGES: Reservations are subject to a reservation processing fee, applicable taxes, and maintenance fee. All reservations require a payment of fifty percent (50%) of the rental fee paid immediately upon submission of rental agreement, due WITHIN 24 HOURS OF BOOKING, or the reservation will be canceled without notice. All remaining payments, including the damage deposit (if applicable), maintenance fee, state and local taxes, processing fee, and pet fee (if applicable), shall be due fifteen (15) days before arrival. Reservations made within fifteen (15) days of arrival must be paid in full when the reservation is taken. 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.
4) PAYMENTS POLICY: Reservations made more than thirty (30) days from the date of arrival may be paid by personal check, money order, cashier's check, or credit card (American Express, MasterCard, Visa, Discover). Reservations made within fifteen (15) days of arrival must be paid in full when the reservation is taken. Personal checks received in our office less than thirty (30) days from the date of arrival will not be accepted. Your first payment, which is fifty percent (50%) of the rental fee, is due at the time the reservation is made. The second payment for the remaining balance is due and automatically charged fifteen (15) days before the arrival date. There will be a $25.00 fee added for returned checks.
For credit card payments, the cardholder's name MUST match the Renter's name listed on the Rental Agreement and the address given for the contract must match the address on file for the cardholder. All payments received will be held in an Escrow account at United Community Bank on 8036 Valley Blvd, Blowing Rock, NC 28605. Payments may be deposited in an interest-bearing account and any accrued interest shall be disbursed to the Agent.
5) ALL RESERVATION SALES ARE FINAL: If you must cancel your reservation, please call our office immediately. Any changes, including changing dates, switching of properties, or complete cancelations will invoke the cancelation policy.
6) CANCELATION POLICY: If Tenant cancels this reservation after payment has been made, and travel insurance has been declined, there is a fifty dollar ($50.00) cancelation fee PLUS:
- If Tenant cancels more than fifteen (15) days from the arrival date (or more than thirty (30) days from the arrival date for stays of twenty-five (25) days or more), and Agent is able to re-rent the property for the original dates at or above the original rental rate, then Tenant will be refunded any prepaid deposits less the $50.00 cancelation fee. If Agent cannot re-rent the dates at all, then Tenant will forfeit the prepaid rental deposit up to fifty percent (50%) of the rental price. If Agent can re-book some of the dates or all of the dates at a lower rate, then Tenant will forfeit the $50.00 cancelation fee, plus an amount equal to half (1/2) of the difference between the amount Tenant agreed to pay and the amount which was actually collected for those dates.
- If Tenant cancels less than fifteen (15) days from the arrival date (or less than thirty (30) days from the arrival date for stays of twenty-five (25) days or more), which is when full payment is due, then Tenant will risk forfeiting the entire rental amount. If we are able to re-rent the property for the original dates at or above the original rental rate, then Tenant will be refunded all prepaid rental fees, less the $50.00 cancelation fee. If Agent cannot re-rent the dates at all, Tenant will forfeit the entire rental fee. If Agent can rebook some of the dates or all of the dates at a lower rate, then Tenant will receive a pro-rated refund equal to any rental fees which were actually collected with any new reservations for those dates.
Cancelling your reservation includes changing your dates by more than three (3) days, changing properties, or complete cancelation. If Tenant fails to check in for their reservation on the scheduled date and fails to promptly notify Agent, then Tenant will forfeit any paid rental monies and reservation rights, effective 11:00 am on the following day.
We cannot refund for unused days in the event of late arrival or early departure. If, however, the Agent cancels the Tenant's reservation due to uninhabitable issues with the property, the Agent will notify Tenant and try to provide alternative comparable accommodations, but Agent’s sole responsibility is to refund the rental money or pro-rated portion.
7) CHECK-IN, CHECK-OUT AND LATE CHECK-IN: Check-In: You may pick up your keys at our office between 3:00 PM and 5:00 PM for most homes. During holidays and busy seasons, check-in time will vary depending on the Housekeeping department’s workload. If you are renting a very large home, please refer to the internet listing for specific check-in and check-out times. If you are checking in to a property with a coded lock, the lock will activate at 3:00pm on the day of your arrival (4:00 if noted as such on the property's listing.)
Check-out: You must vacate the property no later than 11:00 AM on the last day of your reservation for most homes (earlier if it is a large home and is noted as such on the internet listing and in your arrival paperwork). Keys must be returned to the office unless prior arrangements are made to leave the keys at the property or if the home has a coded lock not requiring keys. There will be a $25.00 charge for lost keys.
Late Check-In: Late check-in procedure is as follows: If you have not arrived at our office by 5:00PM, the package containing your keys and directions will be placed in a large, black mailbox beside the front door of our office. This procedure also applies to check-ins on Sundays and other days our office is closed.
8) RESPONSIBLE PARTY: The person in whose name the property is reserved will be held responsible for all occupants complying with rental policies, procedures, and restrictions. Aside from normal wear and tear, the responsible party will be responsible to reimburse the Owner for any damages to the property or its contents during your vacation residency. The responsible party must be at least twenty-five (25) years of age and is required to stay in the property for the time reserved.
9) RENTAL CAPACITY: Please carefully check the number of people each unit sleeps as detailed on the website description. This represents the MAXIMUM number of people, including children, allowed to occupy the property and/or be upon the grounds of the property at any given time. Evidence of unauthorized excessive number of guests will result in an immediate charge of $25.00 per person per day to the credit card on file and possibly eviction. Authorization to allow extra people for gatherings or other short-term events must be obtained in writing. Authorization to rent a property for a purpose other than for a family vacation must be obtained in writing prior to finalizing the reservation.
10) EQUIPMENT FAILURE, HOUSEKEEPING, AND OTHER INCONVENIENCES: All equipment in the unit should be in working order. Please immediately report any equipment problems to the office. Every effort will be made to rectify the problem, but WE CANNOT REFUND MONEY DUE TO MECHANICAL FAILURE. Please be patient if you encounter any inconveniences. We will be as responsive as possible and will do our best to rectify those things that are within our control. Samples of inconveniences which are not in our control and which do not warrant any refund of rental monies include but are not limited to: breakdown of TV’s, VCR’s, DVD players, satellite systems, stereos, hot tubs, or other appliances; poor cleaning issues; outages of the power, cable, internet, water, or telephone services; construction taking place in the area; flies, ladybugs, stinkbugs, or other insects inside the house; chipmunks, mice, or other rodents inside the house; bad weather including snow, sleet, rain, and fog; poor ski conditions; and hazardous road conditions.
We will do our best to ensure that the property is properly cleaned and sanitized prior to your arrival. If you are not satisfied with the housekeeping upon arrival, please notify our office immediately. If the office is closed, please use the after hours number provided in your arrival packet. We will send a housekeeper as quickly as possible. NO REFUNDS will be granted for unsatisfactory housekeeping, but every reasonable effort will be made to accommodate your needs.
11) ACCIDENTAL DAMAGE MAINTENANCE FEE: The non-refundable Maintenance Fee is in lieu of a security deposit for most properties (some homes may also require a separate security deposit) and is charged to your reservation. THIS IS NOT INSURANCE. It is designed to relieve you of your responsibility for ACCIDENTAL DAMAGE caused to the Property by you or your Guests.
Any damage must be reported immediately to Blue Ridge IN WRITING via our reporting form, by email to [email protected], or by phone at 828-295-7400 ext. 109. The Maintenance fee does not negate your responsibilities as a Guest and is non-refundable. Damage excluded is anything not considered accidental and includes:
- Intentional, willful, reckless, or malicious acts of the Tenant or others on the premises during the tenancy.
- Excessive damage by pets.
- Theft from the premises of the owner's property.
- Gross negligence of Tenant or intentional misuse of furnishings, appliances, equipment, or other amenities provided within the home.
- Damage caused while under the influence of alcohol or drugs.
- Damages to property resulting from operation of any motorized vehicle by a Tenant.
- Damages related to smoking inside the home.
- Damages related to tampering with "Alarm Systems and Controls" or "Audio / Video / Internet wiring or component programming" within a property.
- Damages related to the gas log fireplace due to the logs being re-arranged or burning wood/paper/marshmallows etc. inside the gas log fireplace.
- Gross negligence of Tenant or intentional misuse of the home by having an un-authorized party or gathering which results in extra housekeeping and/or damages.
12) HOT TUB: Please be aware that many, but not all, properties are equipped with a hot tub. By initialing, you indicate that you understand that it is your responsibility to check the property advertising and familiarize yourself with the amenities of the property, which may or may not include a hot tub. If the property is equipped with a hot tub, special instructions for its use apply. Failure to abide by these rules may result in creating unsafe conditions or damages to the equipment. Hot tubs are serviced and sanitized prior to guests’ arrival. Neither the Property Owner nor the Agent shall be liable for any injury or sickness due to using the hot tub.
13) AIR CONDITIONING: Please be aware that some properties are NOT equipped with air conditioning. It is the Tenant’s responsibility to check the property advertising and understand the amenities of the property, which may or may not include air conditioning. Agent is not responsible for weather conditions at time of tenancy, and there will be no refunds or switching of properties due to lack of air conditioning.
14) PETS: Pet restrictions are listed on the website. Pet-friendly properties accept pets with prior approval only and are subject to a non-refundable pet fee. It is Tenant’s responsibility to check the advertising and understand the pet restrictions on any given property, which includes the maximum number of pets allowed, and to abide by any weight restrictions. 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. Pet(s) must be pre-treated for any ticks, fleas, worms, and parasites prior to your arrival. We cannot guarantee that properties advertised as not allowing pets have never had a pet on the property.
15) PROPERTIES ARE PRIVATELY OWNED: The properties managed by the Agent are privately owned and reflect the needs and tastes of the Owners. The conditions of the property, as well as the furnishings, will vary according to the Owner’s desires. Every effort has been made to assure that the descriptions of the properties are correct; however, we cannot be responsible for changes made by the Owner to the furnishings or equipment in the units. There will be no refunds due to the property not being decorated or accommodated to Tenant’s individual preference or due to minor discrepancies with the website.
16) NUMBER OF CARS: Please be aware that certain communities have strict standards regarding the number of vehicles at a property. Some areas may not allow motorcycles, RVs, or trailers. You must adhere to these regulations at all times during your stay. Such restrictions, if applicable to your rental home, will be posted on the internet listing.
17) SUBSTITUTION: We reserve the right to substitute accommodations if circumstances require. Circumstances include, but are not limited to: acts of Nature or other accidents that may render a property uninhabitable. In the event that your chosen property becomes unavailable, Agent will attempt to contact Tenant to offer alternative properties, or a full refund of all monies will be given if Tenant does not find any alternative homes acceptable.
18) LONG DISTANCE TELEPHONE CALLS; PAY PER VIEW TELEVISION: Telephones are included in some of our vacation homes for your convenience. Unless otherwise stated, all long distance calls must be charged to your home phone, a telephone credit card, or call collect. 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 Owner and will result in a separate charge to the credit card on file.
19) WHAT IS PROVIDED AT THE HOUSE UPON ARRIVAL: All properties are set up for light housekeeping, including linens and towels. We provide a STARTER SET of toilet tissue, paper towels, bath soap, dish soap, and trash bags. This is enough for one or two nights, but if you are staying for an extended length of time, you should plan to bring some supplies from home or plan to purchase these items at a grocery store when you arrive.
20) DISBURSEMENT OF RENT TO THIRD PARTIES/FEES: Tenant authorizes Agent to disburse up to fifty percent (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 a $25.00 processing fee for any check of Tenant that may be returned by the financial institution due to insufficient funds, closed account, or another reason. 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 Agent for the benefit of the Tenant.
21) 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 not to use the Premises for any activity or purpose that violates any criminal law or governmental regulation. Tenant’s breach of any duty contained in this paragraph shall be considered material and shall result in the termination of tenancy. Tenant shall not smoke tobacco or marjuana or use e-cigarettes, vaping, or incense within the house (see Item #12, page 3).
22) OWNER’S CLOSETS OR OTHER LOCKED AREAS: Any locked closets or other locked areas are reserved for the storage of Owners’ private property. They are not included in this rental.
23) AGENTS DUTIES: Agent agrees to provide the Premises in a fit and habitable condition. If, at the time, Tenant is to begin occupancy of the Premises and the 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 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.
24) ITEMS LEFT IN UNIT: Agent is not responsible for items left in rental units. In the event that Tenant leaves behind items of utmost importance, Agent will attempt to retrieve and return items at Tenant’s expense, but such retrieval cannot and will not be guaranteed.
25) TRANSFER OF PREMISES: 1- If the Owner voluntarily transfers the Premises, Tenant has the right to enforce this Agreement against the grantee of the Premises. If Tenant’s occupancy under this Agreement is to end one hundred eighty (180) days after such recordation, 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, 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 ten (10) days after transfer of the Premises, the grantee or the grantee’s agent is required to (i) notify 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 Tenant has the right to occupy the Premises subject to the terms of this Agreement or receive a refund of any payment made by Tenant.
2- 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 Tenant (and other fees owed to third parties not already lawfully disbursed) to the Owner’s successor-in-interest within thirty (30) days and notify Tenant by mail of such transfer and of the transferee’s name and address. However, if Tenant’s occupancy under this Agreement is to end more than one hundred eighty (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 Tenant within thirty (30) days.
3- If the Owner’s interest in the Premises is involuntarily transferred prior to Tenant’s occupancy of the Premises, the owner is required to refund to Tenant all advance rent paid by Tenant (and other fees owed to third parties not already lawfully disbursed) within sixty (60) days of transfer.
26) 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 pro-rated 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.
27) ENTRY FOR REPAIRS AND EXPEDITED EVICTION: From time to time it may be necessary for employees of the Agent to enter the property during reasonable hours for any purpose connected with the repair, care, or management of the property. 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. 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 occupancy; (iii) fails to pay rent as required by this Agreement; or (iv) has obtained possession of the Premises by fraud or misrepresentation.
28) 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 Owner or the failure of Agent or the owner to comply with the Vacation Rental Act. Tenant agrees that Agent, 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 written permission of Agent.
HOT TUB SAFETY INSTRUCTIONS
NOTE: PERSONS WITH A COMMUNICABLE DISEASE, OPEN WOUNDS, OR ANY INFECTION SHOULD NOT USE THE HOT TUB!
All of our hot tubs are professionally serviced between rentals. Please follow the following instructions for using the hot tub and instruct your children and guests to do so as well. Failure to abide by these rules will place users at risk for infection and may also result in extra cleaning charges.
- Each guest must rinse off before entering the hot tub and after using the hot tub. Lotions, oils, hairspray, perfume, and deodorants may react with the chemicals in the water and failure to rinse off may subject users to infection.
- If there is a sanitizing dispenser floating in the water, do not tamper with it. You must leave it the water at all times to keep the water sanitized. Removing the sanitizer dispenser will place users at risk for infection.
- Please do not add anything to the hot tub water including chemicals, soaps, bath oils, etc, as they clog the filter.
- Do not use oils, lotions, creams, etc. in the hot tub.
- Do not allow anyone to urinate in the hot tub.
- Take special care in removing cover- it is foam and fragile.
- Carefully place cover on hot tub when not in use to maintain heat and prevent excess water & sanitizer evaporation.
- Damage to the hot tub cover will result in a $500 replacement charge to the credit card on file.
- Make sure cover is secure when the hot tub is not in use.
- Do not turn off or unplug hot tub.
- Do not use glassware in the hot tub, as it can shatter.
Neither the Property Owner nor the Management Company shall be liable for any injury or sickness due to using the hot tub. USE THE HOT TUB AT YOUR OWN RISK.