Like mentioned above- it states it is assumed that if you do not respond within 24 hrs - you agree to the terms:
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, OR PAYMENT OF MONEY OR TAKING POSSESSION OF THE PROPERTY AFTER RECEIPT OF THIS AGREEMENT, IS EVIDENCE OF YOUR ACCEPTANCE OF THIS AGREEMENT AND INTENT TO USE THIS PROPERTY FOR A VACATION RENTAL.
Watershed Luxury Cabin Management, LLC ('Agent'), as agent of the owner ('Owner') of the Premises (hereinafter defined), hereby rents to Tenant, and Tenant hereby rents from Agent, the vacation property described below (the 'Premises') on the terms and conditions contained in this Agreement.
1. Premises. City of: County of: Swain (or in some cases, Graham or Jackson)
Name/Unit Number of Premises: Treehouse D Phone # at cabin:
Confirmation (Folio) #: Maximum Number of Occupants: 2
2. Term. The term of Tenant's lease of the Premises (the 'Term') commences at 4:00 p.m. local time on Thursday, Sep 15, 2011 (the 'Commencement Date') and terminates at 11:00 a.m. local time on Monday, Sep 19, 2011 (the 'Termination Date'). No early check-in or late checkout or extension of stay is allowed without the prior agreement of Agent. Check-in time is 4:00 p.m. local time on the Commencement Date and check out time is 11:00 a.m. local time on the Termination Date unless different check-in and/or check out times are agreed to by Agent in writing. If any belongings of Tenant or any other occupant of the Premises are still in the Premises after 11:00 a.m. on the Termination Date (or such later check out time as may be agreed to by Agent as aforesaid), Tenant authorizes Agent to pack and remove such belongings in Tenant's absence as may, in the sole discretion of Agent, be necessary to prepare the Premises for the arrival of another guest.
3. Rent. Tenant agrees to pay rent ('Rent') for the Premises for the Term in the amount of $ in accordance with paragraph 4 below. Tenant further agrees to deliver a security deposit to Agent in the amount of $ 0.00 (the 'Security Deposit') to be held and applied by Agent in accordance with the terms and conditions of this Agreement, including any Pet Addendum or other addendum hereto.
4. Payment of Rent, Fees and Security Deposit.
Tenant: Charges:Rent 0Rent Carver2011 Rent repeat guest Reservation Fee State Sales Tax Travel Insurance Carver Trav Ins County Occupancy Tax Limited Damage Waiver (LDW) Limited Damage Waiver (LDW) Carver LDW$- Total Charges: Payment:07/29/2011
APPROVED Total Payment:
*Tax rates are calculated as of the time of this Agreement. Tenant shall be responsible for payment of all applicable taxes according to rates in effect at the time of occupancy.
5. Disbursement of Rent and Third Party Fees. Tenant authorizes Agent to disburse up to fifty percent (50%) of the Rent to Owner (or as the Owner directs) prior to Tenant's occupancy of the Premises, and the balance of the Rent upon (i) the commencement of the Term, (ii) a material breach of this Agreement by Tenant, or (iii) as otherwise permitted under the North Carolina Vacation Rental Act (the 'Act'). Tenant agrees to pay a $25.00 processing fee for any check of Tenant that may be returned by the financial institution upon which it is drawn due to insufficient funds or because Tenant did not have an account at the financial institution upon which the check is drawn. Tenant also authorizes Agent to disburse prior to the commencement of the Term any fees owed to third-parties for 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.
6. Security Deposit and Limited Damage Waiver. The Security Deposit provided for in paragraph 4 above, if any, may be applied to actual damages caused by Tenant as permitted under the North Carolina Tenant Security Deposit Act. In addition, Agent may deduct from the Security Deposit the amount of any unpaid long distance or per call telephone charges and cable television charges that are not specifically described in this Agreement (including any addendum hereto) as being included with the Premises. Agent shall apply, account for or refund the Security Deposit within 15 days following the end of the Term.
In lieu of a Security Deposit, Tenant may opt to pay a Limited Damage Waiver fee ('LDW') of $10 per day, not to exceed $50 in total. The option of purchasing a non-refundable LDW protects you from being charged for up to $1,000 of accidental loss or damage that may occur during your occupancy (damage caused by pets is deemed NOT an accident and is always the responsibility of Tenant). You remain responsible for any damage, repair, or replacement expenses exceeding $1,000. The LDW does not cover damage or loss that is not disclosed. To avoid erroneous blame, you are required to immediately notify our staff if anything is amiss when you arrive at the Premises. 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 LDW does not replace or negate your responsibility for all members of your party as a primary renter. It does not pay for any act of intentional or negligent destruction, pet damage, re-keying, property damage resulting from motorized vehicle or watercraft use, additional cleaning if the Premises is left excessively dirty (including but not limited to the effects of smoking inside Premises), acts of God, loss of use, normal wear and tear, any damage caused by a violation of this VRA or other posted rules & regulations or in an action that violates local, state or federal laws, or invoices associated with your rental that may be presented subsequent to your occupancy. The LDW does not cover damage or loss of any property owned by or brought onto Premises by Tenant.
The LDW is offered, administered, and funded solely by Agent and we are solely authorized to determine the nature, extent, and expense associated with any damages. The LDW is not an insurance policy. All benefits terminate at end of Term.
If you opt to decline the LDW and instead to pay a security deposit and your security deposit is not received in our office before 7 days prior to your arrival date, then your action of not remitting a security deposit shall signify your option to take the LDW and you authorize us to add all normal LDW charges to your folio at that time.
7. Vacation Rental Insurance Option - If TENANT has opted for Vacation Rental Insurane ("VRA"), there will be a line item for such in the summary of charges at the top of this Agreement and the charge will be 6.9% of the total charges before the VRA. If VRA is opted, then the terms and conditions outlined in the document "CSA Travel Potection -Certificate Plan Code CSA330" (hereinafter referred to as "Certificate of Insurance"are hereby adopted by reference as part of this Agreement). TENANT acknowledges receipt of that document and that the 6.9% premium shall only be refundable in the first 10 days after receiving the Certificate of Insurance. Certificate of Insurance can be downloaded at http://www.watershedcabins.com/tl_files ... 330CSA.pdf
but is only active when applicable premium has been paid.
8. Trust Account. Any advance payment made by Tenant shall be deposited in an interest-bearing or non-interest bearing trust account maintained with United Community Bank located in Bryson City, North Carolina and commingled with the funds of others deposited in such account. Tenant agrees that any interest that accrues on funds in said trust account shall be for the benefit and account of, and shall be paid to, the Agent as it accrues and as often as is permitted by the terms of the account.
9. Cancellation Policy. If Tenant desires to cancel this Agreement, Tenant must notify Agent of such fact at least 30 days before the Commencement Date to receive a full refund of Tenant's advance Rent deposit. Cancellations within 30 days, but not less than 7 days, of the Commencement Date are subject to forfeiture of Tenant's advance Rent deposit. Tenant shall not have the right to cancel this Agreement less than 7 days prior to the Commencement Date. Deposit forfeiture and charges for cancellations with less than 7 days notice can be reduced if Agent is able to rent the Premises to another party, but only to the extent that the amount paid by Tenant plus the amount Agent collects by re-renting the Premises exceeds the total amount owing by Tenant under this Agreement. Please note: Agent's business is NOT conducive to last-minute rentals. No-shows will be charged in full. All permitted cancellations will be charged a $25 processing fee and up to a $35 cancellation fee. Please note that changing the dates of your stay is a cancellation of this Agreement.
10. Check-In. Agent's rental office is located at 137 W Watershed Rd - Bryson City, NC 28713 (however, you do not need to check in at this office).
Check-in time is after 4 p.m. local time. Possession of the Premises will not take place until all amounts owing under this Agreement have been paid in full, including, without limitation, the Security Deposit. Agent shall charge Tenant's credit card or debit card on file with Agent for all amounts owing under this Agreement on the Commencement Date to insure that Tenant has paid all amounts owing hereunder prior to check-in time on the Commencement Date.
Two sets of keys will be provided at check-in in the key lock-box located at the Premises. Keys not returned at check-out will result in a service charge of $25/set being charged to Tenant's credit card or debit card.
Complete directions to the Premises will be provided after an original of this Agreement signed by Tenant is received by Agent.
(a) The Premises will be equipped for basic needs, including cooking and light housekeeping. All kitchens are equipped with a coffeemaker, microwave, range, refrigerator, and dishwasher unless otherwise specified. (b) All linens are provided (subject to (h) below). All beds have pillows, sheets and bedspreads or comforters. (c) Toilet paper, dishwasher detergent and dishwashing liquid are supplied in quantities sufficient for the length of the Term. Additional products are the responsibility of Tenant, provided Agent can obtain additional products for use by Tenant upon 24 hours notice. (d) If the Premises is equipped with a telephone and/or digital television, Tenant may not make long-distance telephone calls or order movie or event programming and any long-distance or other telephone toll charges and/or movie or event programming charges incurred during the Term, together with a 40% surcharge to cover Agent's administrative costs with respect thereto, will be charged to Tenant's credit card or debit card on file with Agent. Tenant hereby authorizes such deduction or charge by Agent. Local calls (7 digits only) are free. (e) The Premises is equipped with a color TV and DVD player. No replacement or repair is guaranteed and no refunds will be given for TV or DVD player malfunctions. (f) Agent will make reasonable efforts to provide any special amenities (such as hot tubs, whirlpools, satellite TV, etc.) in good working order and repair them during the Term upon notice from Tenant, but given the difficulty of repairs to such amenities, Tenant understands that Agent can make no guarantees that any such amenities will be working during the entire Term and that Tenant will not be entitled to any refund if they are not. (g) Tenant acknowledges and agrees that Agent shall have the right to charge Tenant's credit card or debit card on file with Agent for additional charges not summarized in this Agreement, but assessed as a result of the activities of Tenant and other occupants and visitors during the Term. Items that may be charged per this provision are as follows:$50 for disconnection or disruption of audio/video connections requiring a special visit to the Premises to repair or reconnect; $50 for late checkout without prior approval of Agent; $50 for relocating furniture that was rearranged or moved and that requires more than one person to move; $50 or more (based on the extent of cleanup costs and established by Agent, in its reasonable discretion, for cleanup beyond normal usage - examples include, but are not limited to: vomit, oyster or shrimp shells, fish carcasses or other abnormally foul garbage; scattered food or debris like BB's, paintballs, popcorn, glitter, silly string, melted wax spills; food or foreign material in hot tub; and, burned wood or debris other than in fireplaces or provided fire pits). (h) No futon, air mattress, or sofabed linens are provided unless prior arrangements are made. If such prior arrangements are made, Tenant shall pay to Agent, in addition to Rent and other amounts due under this Agreement, a one-time fee of $25 for 2 bedroom cabins or smaller, and $50 for 3 bedroom cabins and larger, in consideration for Agent's accommodating the use of futons and/or air mattresses.
12. Accommodation Rules.
(a) Tenant agrees that the Premises will not be used or occupied by more than the maximum allowable number of occupants set forth in this Agreement, including Tenant, Tenant's children and other family members, and Tenant's overnight guests. If the occupancy limitations of this Agreement are violated, Agent may immediately terminate this Agreement and institute an expedited eviction, in which event Tenant shall be obligated to pay all amounts owing under this Agreement without any entitlement to a full or partial refund. Occupancy above the maximum allowed under this Agreement also will result in additional cleaning charges to Tenant. Maximum occupancy is strictly enforced. Non-compliance can cause severe problems, including, without limitation, septic failure and/or water outages or shortages and will result in immediate eviction and forfeiture of Tenant's remaining paid stay.
(b) No campers, mobile homes or tents and no campfires, other than in fire rings provided as part of the Premises, shall be allowed. Neither wood, paper nor other combustible materials shall be placed within any gas fireplace. (c) No pets are allowed without the following (fees are charged for EACH pet): prior approval of Agent, payment of an additional pet fee, payment of an additional deposit, and return of a signed "Pet Addendum" agreement. Tenant acknowledges that the planning, cleaning, and risks of loss taken by Agent are significantly increased with the presence of pets. If Tenant arrives with any pets, but has not met the aforementioned requirements, then Tenant agrees to pay DOUBLE the stated required fees that are outlined in the "Pet Addendum", whether or not Tenant has received a copy of that Addendum. A copy of the Pet Addendum will be provided upon request. (d)Smoking is not allowed on the interior of the Premises. Smoking outside is permitted, but cigarette butts must not be thrown on the grounds. If smoking is detected upon inspection of the Premises following the expiration or termination of the Term, a $100 fee will be deducted from the Security Deposit or charged to Tenant's credit card or debit card on file with Agent to pay for ionization/air purification of the Premises. If cigarettes or cigars are found around the Premises, a fee of $25/hour will be deducted the Security Deposit or charged to Tenant's credit card or debit card on file with Agent to pay for removal of such debris. (e) After hour's lockout calls to locksmith and related expenses occurred are Tenant's responsibility. (f) Grilling is only permitted in grills. Propane refills may be undertaken only by Agent, provided such refills will occur only during normal business following Tenant's request to Agent to do so. No charcoal shall be placed or burned within any gas grill. The Premises shall not be used in any manner that violates any law or government regulation. (g) Pilot lights for gas or propane appliances, including gas stoves and fireplaces, will be lit by Agent upon the request of Tenant, provided if Tenant requests Agent to do so on multiple occasions during the Term, Tenant shall pay Agent the customary rate then charged by Agent for providing such additional services. (h) Tenant is always responsible for their own vehicle including, but not limited to, damage or additional wear and tear resulting from mountain driving and related hazards thereto, and towing or other charges. Agent does not provide towing or roadside assistance reimbursement, regardless of type of the vehicle or road or weather conditions.
13. Maintenance of Unit by Tenant.
During the Term, Tenant shall maintain the Premises in accordance with Section 42A-32 of the Act, including, but not limited to, the following: (a) Keep the Premises as safe and clean as the condition of the Premises permits and cause no unsafe or unsanitary conditions in the area surrounding the Premises. (b) Dispose of all ashes, rubbish, garbage, and other waste in receptacles provided as directed by Agent. Tenant shall insure that all lids on trash receptacles are properly secured at all times. Under no circumstances shall trash to be left on porches, decks, or any other exterior location. (c) Keep all plumbing fixtures in the Premises or used by Tenant as clean as their condition permits. (d) Not deliberately or negligently destroy, deface, damage or remove any part of the Premises or render inoperable any smoke detector or knowingly permit any person to do so. (e) Comply with all obligations imposed upon Tenant by current applicable building and housing codes. (f) Be responsible for all damage, defacement, or removal of any property that is in Tenant's exclusive control, unless the damage, defacement or removal was due to ordinary wear and tear, acts of the Owner or Agent, defective products supplied or repairs authorized by the Owner or Agent, acts of third-parties who are not invitees of the Tenant, or natural forces. (g) Notify the Agent of the need for replacement of or repairs to a stove, fireplace, hot tub or smoke detector within or about the Premises. (h) Promptly notify Agent of problems with the Premises, as Agent cannot provide compensation or assistance for problems that are not report during Term.
14. Owner and Agent's Duty to Provide Fit Premises.
On rare occasions, the original unit booked may become unavailable. If on the Commencement Date, Owner or Agent cannot provide the Premises in a fit and habitable condition or substitute a reasonable comparable property in such condition, Owner and Agent shall refund to the Tenant all payments made by Tenant to Agent. Section 42A-31 of the Act requires Owner to:
(a) Comply with all current applicable building and housing codes. (b) Make all repairs and do whatever is reasonably necessary to put and keep the Premises in a fit and habitable condition. (c) Keep all common areas of the Premises, if any, in safe condition. (d) Maintain in good working order and reasonably and promptly repair all electrical, plumbing, sanitary, heating, ventilating, and other facilities and major appliances supplied by Owner upon written notification from the Tenant that repairs are needed. (e) Provide operable smoke detectors, replace or repair the smoke detectors if the Owner or Agent is notified by Tenant in writing that replacement or repair is needed, and annually place new batteries in a battery-operated smoke detector. (f) Agent shall conduct all brokerage activities in regard to this Agreement without respect to the race, color, religion, sex, national origin, handicap or familial status of any tenant. (g) Agent provides reasonable efforts to keep Premises free of insect and rodent infestations. However, because of the mountain and heavily wooded environment, presence of ladybugs, ants, wasps, bees, bats, snakes, mice, or other pests can sometimes occur. Tenant agrees that the presence of such pests is normal and that Agent, while providing cleanup assistance, does not provide compensation or refunds for this condition.
Check-out is 11:00 a.m. A late checkout fee of $50 will be or charged to Tenant's credit card or debit card on file with Agent for this fee.
At the time that Tenant checks out, one set of keys shall be placed by Tenant in the lock-box for the Premises and the other set of keys shall be left by Tenant in a conspicuous location within the interior of the Premises.
16. Transfer of the Premises by Owner.
If the Premises is voluntarily transferred by Owner, Tenant shall have the right to enforce this Agreement against the grantee of the Property if the Term is to end 180 days or less after the date of the grantee's interest in the Premises is recorded; if the Term is to end more than 180 days after recordation of the grantee's interest in the Premises, Tenant shall have 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 shall be entitled to a full refund of any payments Tenant has made.
Within 10 days after transfer of the Premises, grantee or grantee's agent shall be required to:
a. Notify Tenant in writing of the transfer of the Premises, the grantee's name and address, and the date that the grantee's interest was recorded.
b. Advise Tenant whether he or she has the right to occupy the Property subject to the terms of this Agreement and the provisions of this section.
c. Advise Tenant whether Tenant has the right to receive a refund of any payments made by Tenant.
Upon termination of the interest of Owner in the Premises, whether by sale, assignment, death, appointment of a receiver or otherwise, Owner, Agent, or another real estate agent shall be required to transfer all advance Rent and other sums 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 recordation of the successor's interest in the Premises. Additionally, if the successor is not obligated to honor and does not agree to honor this Agreement, all advance Rent and other sums paid by Tenant with respect to this Agreement must be transferred to Tenant by such successor within thirty (30) days.
If the Owner's interest in the Premises is involuntarily transferred to another prior to the Commencement Date, Owner, within sixty days after the transfer, shall refund to Tenant all payments made by Tenant under this Agreement.
17. Cancellation by Owner.
Agent, on behalf of Owner, reserves the right to cancel this Agreement at any time prior to Tenant taking possession of the Premises. In such event, all payments made by Tenant to Agent with respect to this Agreement will be refunded, and neither Agent nor Owner will be liable for any damages of any sort incurred by Tenant as a result of such cancellation. If Tenant desires to be placed in alternative premises, Agent will make a good faith effort to relocate Tenant, but if the rent for the replacement premises is more expensive than the Rent for the Premises, Tenant agrees to pay such increased rent.
18. Expedited Eviction.
If the Term is for 30 days or less, the expedited eviction procedures set forth in the Act will apply. Tenant may be evicted under such procedures if Tenant:
a)holds over in possession after the Term has expired; b)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 this Agreement; c)fails to pay Rent or other sums as required by this Agreement; or d)has obtained possession of the Premises by fraud or misrepresentation.
19. Mandatory Evacuation, State Road Closure.
If state and 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. In addition, if Tenant is unable to begin tenancy due to road closure by state or local authorities, a prorated refund for each night that Tenant is unable to occupy the Premises will be issued. If state roads are open and Tenant chooses not to begin occupancy, no refunds will be given. Agent will use reasonable efforts to have private roads leading to the Premises cleared of snow, however, no guarantee will be made that all roads will be considered passable and no refunds will be given based on snow removal or lack thereof. Additionally, certain conditions exist that are unique to the mountain environment and are beyond the control of Agent. These include road conditions, availability and reliability of utilities, indoor and outdoor pests (including, but not limited to, stinging insects, ants, snakes, spiders and ladybugs), and weather. As long as the Premises is safely accessible, inclement weather or Tenant's discomfort with mountain roads are not valid conditions for cancellation, nor are power or other utility outages (of less than 24 hours in duration) cause for refund or restitution. Problems arising during the Term must be reported immediately so that Agent can attempt to correct them.
20. Indemnification and Hold Harmless; Attorneys' Fees; Right of Entry; Assignment.
Tenant does hereby indemnify and hold harmless Agent and the Owner from and against any and all liabilities, damages, claims, repairs, replacements, costs and expenses, including, without limitation, costs and expenses for materials, labor, employees, agents and contractors of Agent and/or Owner and for attorneys' fees and expenses and court costs suffered, incurred or assumed by Agent and/or Owner as a consequence of Tenant's breach or default of his, her or their obligations under this Agreement or as a result, directly or indirectly, of personal injury or property damage sustained by any person (including Agent, Owner, Tenant or Tenant's guests) as a result of any cause, unless caused by the negligent or willful act of Agent or the Owner, or failure of Agent or Owner to comply with the 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, improvements or alterations 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.
THIS AGREEMENT BECOMES ACCEPTED 24 HOURS AFTER EMAIL RECEIPT THEREOF, UNLESS YOU NOTIFY US OTHERWISE.
Watershed Luxury Cabin Management, LLC
(contract form last modified June 13, 2011)
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