By making my reservation, viewing and reading this contract, I agree to abide by the conditions set forth in this rental agreement and all policies set forth by TI Rentals.
THIS IS A VACATION RENTAL AGREEMENT UNDER THE NORTH CAROLINA 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 THIS AGREEMENT IS EVIDENCE OF YOUR ACCEPTANCE OF THE AGREEMENT AND YOUR INTENT TO USE THIS PROPERTY FOR A VACATION RENTAL.
1. Agency Disclosure: TI Rentals, LLC. is the Agent of the Owner of the subject property and represents the interest of that Owner. Rental Agreement is subject to the Vacation Rental Act (VRA).
2. General: Cottages and condominiums managed by TI Rentals are privately owned and reflect the taste of the individual owners of each property. Please note TI Rentals assumes no responsibility if rental property does not meet your expectations upon arrival. It is difficult to rent a house sight unseen but, we do make every attempt to describe our rentals along with information and photographs in our brochure and on the Internet. TI Rentals will be unable to make other arrangements when you arrive and will not transfer any tenant from one rental home to another because of size, location, price, amenities, etc. TI Rentals will not be held responsible for changes made by the owner to furnishings or equipment in the homes. In the event that the tenant wishes to relocate to another unit (if available), a new lease must be signed and a new rental must be paid in full prior to transfer. Tenant will still remain liable and fully responsible for rental fees in conjunction with initial reservation. Please understand that the goal of TI Rentals is for you to have a wonderful vacation and we hope that you will be satisfied in every way with your accommodations.
3. Disbursement of Rent and Third Party Fees: Tenant authorizes Agent to disburse up to fifty percent (50%) of the rent set forth above to the owner (or as the owner directs) prior to Tenant’s occupancy of the premises, and the balance of the rent upon the commencement of the tenancy, material breach of this Agreement by Tenant, 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 because Tenant did not have an account at the financial institution. 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 Tenant, including but not limited to any fees set forth herein payable to Agent for reservation, transfer or cancellation of Tenant’s tenancy.
4. Monies: ALL MONIES COLLECTED IN RELATION TO THE RENTAL OF THE PROPERTY HEREIN DESCRIBED TO BE PLACED IN AN INTEREST BEARING ACCOUNT WITH SOUTH STATE BANK LOCATED AT 14572 US HWY 17 HAMPSTEAD, NC 28443. THESE MONIES SHALL INCLUDE, BUT NOT BE LIMITED TO HOLDING DEPOSITS, RENTS, COMMISSIONS, PET FEES, TRAVEL INSURANCE, SECURITY DEPOSITS AND SECURITY DEPOSIT PROTECTOR FEES. ALL INTEREST SHALL ACCURE TO THE CREDIT OF TI RENTALS. GUEST HAVE SEVERAL OPTIONS OF PAYMENT INCLUDING CHECK, MONEY ORDER, CASHIERS CHECK AND VISA OR MASTERCARD.
5. 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; 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. Tenant 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 purpose only. Tenant’s breach of any duty contained in this paragraph shall be considered material, and shall result in the termination of Tenant’s tenancy.
6. Agent 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, 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 brokerage activities in regard to this Agreement without respect to the race, color, religion, sex, national origin, sex, national origin, handicap, familial status, sexual orientation or gender identity of any tenant.
7. Transfer of Premises: (1) If the owner voluntarily transfers the Premises, Tenant had the right to enforce this Agreement against the grantee of the Premises if Tenant’s occupancy under this Agreement is to end 180 days or less after the grantee’s interest in the Premises is recorded. If Tenant’s occupancy is to end more than 180 days after such recordation, Tenant 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, 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 20 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 payments made by the Tenant. However, if the grantee engages Agent to continue managing the Premises after the transfer, the grantee shall have not 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.
(2) Upon termination of the owner’s interest in 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 by third parties not already lawfully disbursed) to the owner’s successor-in-interest with 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 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 owned to third parties not already lawfully disbursed) must be transferred to the tenant within 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 60 days after the transfer.
8. Mandatory Evacuation: If State and Local authorities order a mandatory evacuation of an area that included the Premises, Tenant shall comply with the order. Upon compliance, Tenant will be entitled to a refund of the prorated rent for each night the Tenant is unable to occupy the Premises because of the order. However, Tenant will not be entitles 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.
9. 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. Tenant may be evicted under such procedures if Tenant (i) holds over possession after Tenant’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 the Tenant’s tenancy, (iii) fails to pay rent as requires by this Agreement; or (iv) has obtained possession of the Premises by fraud or misrepresentation.
10. 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 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, alterations 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.
11. Addenda: Any addenda to this Agreement are described in the following space and attached hereto: Vacation Rental Agreement, Terms and Conditions, Guest Protection Plan Brochure (AKA Travel Insurance) & Vacation Rental Damage Protection Brochure. Tenant agrees that Tenant has received and read any such addenda, and that they shall constitute an integral part of this Agreement.
12. 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.
TERMS AND CONDITIONS
RENTAL WEEK: Our rental week is from Saturday to Saturday during the On & Mid Season (unless otherwise noted). During the off-season we offer partial week rentals (3 night minimum) and monthly rentals on some units.
CONFIRMATION OF RESERVATION: To confirm the reservation, the Rental Agreement must be signed and returned within 7 days of the date on the contract along with the deposit which is 50% of the total balance. There will be a $25.00 fee on all return checks.
FINAL BALANCE: The final payment is due no later than 30 days prior to your arrival. Please mark your calendar, because we do not send out reminder notices. Please note: No personal checks will be taken later than the 30 days prior to arrival (only certified funds or credit card).
SECURITY DEPOSIT/VACATION RENTAL DAMAGE PROTECTION: For your convenience you have the option of choosing to pay a refundable security deposit or purchasing the Vacation Rental Damage Protection Plan in the amount of $45.00. This Vacation Rental Damage Protection plan covers unintentional damages to the rental unit 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. Any damages that exceed $3,000.00 will be charged to the credit card on file or you will be billed. If during your stay at one of our Rental Properties, an insured person causes any damage to real or personal property of the unit as a result of inadvertent acts or omissions, the insurer will reimburse the Insured for the cost of repair or actual cash value 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 Description of Coverage or Insurance Policy (www.vacationrentalinsurance.com/g10vrd). The Vacation Rental Damage Protection can be purchased up to, and including at, check-in. By submitting payment for this plan, you authorize and request CSA Travel Protection and Insurance Services to pay directly TI Rentals any amount payable under the terms and conditions of the Vacation Rental Damage. Please contact TI Rentals directly if you do not wish to participate in this plan or assignment. Any security deposit provided maybe applied to actual damages caused by tenant as permitted under the Security Deposit Act. In addition, Agent may deduct any unpaid long distance or per call telephone charges and cable television charges that are not specifically described in this agreement as being included with the premises. Agent shall apply, account for, or refund tenants refundable security deposit within 45 days following the end of the tenancy. If damages are incurred over and above the amount of the Security Deposit or the Vacation Rental Damage Protection Plan, TI Rentals shall be entitled to collect from the guest any additional monies to cover damages including all legal action fees.
BOOKING FEE/TAXES: A $55 non-refundable booking fee will be charged on every reservation with the exception of Sea Coast Suites. A $10 Booking fee will be charged on every reservation for Sea Coast Suites. All rentals are subject to North Carolina sales tax and an additional local accommodations tax.
VACATION RENTAL INSURANCE: Rental Insurance (AKA Guest Protection Plan) is offered through CSA Travel Protection, covering loss of rent payments made because of unforeseen circumstances, illnesses, injuries and mandatory hurricane evacuations. The cost of the insurance is 6.95% of the total trip cost and is automatically added and due with the first payment. There will be a brochure included with your Vacation Rental Agreement outlining benefits, exclusions, and limitations. If guest does not want this coverage, you may delete the charge by initialing where indicated on the Agreement. TI Rentals as agent for the insurance company, receives a commission on this insurance premium.
TRANSFERS: No transfers will be made once you have confirmed your reservation with payment.
CHECK-IN: Check-In begins at 2 PM. If you are checking in after 4 PM, it is your responsibility to find out prior to your arrival where to pick up your keys. Please make sure you contact our office during our business hours to obtain this information. Two sets of keys will be issued at check-in.
CHECK-OUT: Check-out time is 10AM SHARP! If check-out has not occurred by 10AM the full daily rate will be deducted from your security deposit, or added to your credit card. We require the return of all keys, key fobs, gate cards, pool and parking passes. There is a $10.00 charge for lost keys or keys that are not returned to our office. A fee will be assessed for all gate cards, key fobs, pool and parking passes not returned at check-out. These fees are determined by the appropriate Homeowners Association. These fees may also be deducted from your security deposit or added to your credit card.
CANCELLATIONS: If you cancel your reservation , NO REFUND will be made until property is re-rented and confirmed. All cancellations must be in writing. If you cancel and the unit is re-rented for the full amount, the full rental amount paid, plus any pet fee, will be refunded within 30 days of receiving payment on the new reservation (after that payment clears our bank account). The $55 booking fee, $50 cancellation fee and insurance are not refundable. However if the unit is not re-rented, you will be responsible for the entire rental amount, fees and taxes. Guest understand that he/she may purchase Vacation Rental Insurance to guard against loss of payments made.
Please note that once you have confirmed your reservation, you have entered into a contract binding yourself to that specific property for that time frame. There should be no expectation of compensation or relocation because the property does not meet your tastes or something is not to your satisfaction.
OCCUPANCY: Guest agrees that the maximum occupancy stated on the front of the vacation rental agreement shall not be exceeded anytime.
MINIMUM AGE & HOUSE PARTIES: HOUSE PARTIES ARE NOT ALLOWED!!! We reserve the right to refuse occupancy to a suspected house party and evict guest without refund. You must be 25 years of age, with proof of age, to rent a cottage. We reserve the right to refuse service to anyone with out proper identification.
HURRICANES: If state or local authorities order a mandatory evacuation of an area that include the rental unit you have rented, the tenant shall comply with the order. Upon compliance, the tenant will be entitled to a refund in accordance with the North Carolina Vacation Rental Act and Vacation Rental Insurance.
MANDATORY DEPARTURE CLEANING: All rentals include departure cleaning. We ask only that you have all dishes washed and put away, beds made, garbage removed and garbage cart pushed to within 2 feet of the street or placed in an outside receptacle.
NO SMOKING: Tenants and their guest understand that smoking is prohibited in rental property unless otherwise stated. There will be a $500 charge if smoking is discovered in the rental property and any other cost associated with cleaning to remove smoke odor.
PETS: Pets are allowed in select cottages with an additional fee. There will be a $250 charge if a pet is found in an unauthorized property.
UNIT TELEPHONE: Not all units have telephones. You are not allowed to charge long distance calls to the unit phone. You may use your calling card.
OWNERS CLOSET: The premises may contain a locked owners closet, chest or cabinet for the Owner’s personal use and is not part of this rental. Tenant may not force entry of such under penalty of trespass.
GRILLING: Some of our property owners have chosen to not allow grilling on their property. Where grilling is permitted, it is strongly recommended that grilling be done as far from the building as possible. Under no circumstance is grilling permitted on wooden decks and boardwalks or underneath buildings.
SAND DUNES: Please use designated beach access walkways and do not walk or play on sand dunes. The sea oats and beach grass help prevent beach erosion. There are ordinances against dune destruction and costly fines.
CONSTRUCTION: New construction is profuse through Topsail Island. Unfortunately, we have no control as to when and where construction occurs. No refunds or property transfers will be made.
HOUSE FOR SALE: Some of our Rental Properties are FOR SALE. Please be aware that it may be necessary for an Agent to arrange showings for qualified buyers. We appreciate your cooperation.
FUNDS: All reservation deposits, security deposits and other funds will be placed in an interest bearing account with South State Bank located in Hampstead, NC with interest accruing to the credit of TI Rentals. Personal checks will be accepted for payments only if we have a 30 day period to process the check. All other payments should be made by money order or cashiers check. Any returned checks are subject to a $25.00 charge.
LOCK-OUT SERVICE: After our office has closed for the night, lock out service is available. The fee for this service is $25.00 before 10PM and $50.00 after 10PM. This fee is payable to the responding agent.
REPAIRS/MAINTENANCE: We cannot guarantee against breakdown on air conditioners or other appliances. There will be no relocations, rental rate pro-ration or refund in the event of problems beyond our control. We will make every effort to have repairs done quickly & efficiently. There will be a charge to the tenant if we call a repairman and there were no repairs necessary.
DAMAGE: Please report any existing damage in your unit to our office within 24 hours of check-in. Guest will assume responsibility for all breakage and damages after they check-out.
HOMEOWNERS ASSOCIATION RULES: Tenant agrees to abide by any applicable Homeowners Association rules or Owner’s rules posted in the premises or given upon check-in.
NEXT YEAR RESERVATIONS: Guest have priority to rent the same house for the same week. A $50 non-refundable advance reservation service fee per unit per week may be made prior to departure. This service fee will NOT be applied to your reservation and is non-transferable to another unit.
ERRORS AND OMISSIONS: TI Rentals has made every effort to provide accurate information, however, we cannot be held responsible for errors, omissions or changes made by the property owners, government entities or third party services. TI Rentals cannot be held responsible for typographical errors; omissions; price changes; or changes in taxes.
The GUEST understands that the accommodation is privately owned, including the furnishings, and neither TI Rentals, nor the Owner, shall be responsible for providing any additional furnishings or equipment not available or presently on the premises. Do not rearrange furnishings or leave any furniture outdoors (except deck furniture).