Our Vacation Rental Agreement
THIS IS A VACATION RENTAL AGREEMENT UNDER THE NORTH CAROLINA VACATION RENTAL ACT (NCGS 42A). THE RIGHTS AND OBLIGATIONS OF THE PARTIES TO THIS AGREEMENT ARE DEFINED BY LAW AND INCLUDE UNIQUE PROVISIONS PERMITTING THE DISBURSEMENT OF THE 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. PCR ALRIDGE, INC. WILL CONDUCT ALL ITS ACTIVITIES IN REGARD TO THIS AGREEMENT WITHOUT RESPECT TO THE RACE, COLOR, RELIGION, SEX, NATIONAL ORIGIN, AND HANDICAP OR FAMILIAL STATUS OF THE GUEST OR ANY OTHER PARTY TO THIS AGREEMENT. FURTHER, REALTORS® HAVE AN ETHICAL DUTY TO CONDUCT SUCH ACTIVITIES WITHOUT RESPECT TO THE SEXUAL ORIENTATION OF ANY PARTY OR PROSPECTIVE PARTY TO THIS AGREEMENT.
In consideration of the rent received and the mutual promises herein, the Owner of the above cited property (landlord), by and through PCR Aldridge, Inc. d/b/a Pirate’s Cove Realty, Agent does hereby lease and rent to Tenant and Tenant hereby leases that certain property described above under the following terms and conditions and pursuant to the North Carolina Vacation Rental Act. Agent is acting for and represents the owner of the property.
1..Execution of Lease– THIS VACATION RENTAL AGREEMENT SHOULD BE SIGNED AND RETURNED TO AGENT WITHIN TEN (10) DAYS. Reservation is subject to be cancelled if we have not received your signed lease within (10) days of receipt. Please retain a copy for your records. A signed copy will made available upon request.
2. Payment Policies and Receipt of Rental Funds:Online and 3rd party stay requests: Payment in full may be required at time of request using the Visa or MasterCard entered at submission of request. Taxes and Fees (hereinafter “total Payments”) Tenant shall be required to pay 1ST payment (50% of total) within ten (10) days of making reservation. The balance payment shall be due sixty (60) days PRIOR TO CHECK-IN. Pirate’s Cove Realty will not send out a balance reminder statement. Balance payments not received by the due date are subject to cancellation. Rental funds may be paid with cash, personal check, certified check, and money order, Visa, MasterCard, or American Express. A $25.00 charge will be added to all returned checks. If the reservation is booked within sixty (60) days period prior to arrival, your payment in full is due immediately. No Personal checks will be accepted within the 60 (sixty) days prior to arrival. Pirate’s Cove Realty accepts payment by cashier checks, money orders, cash, and personal check at: 1 Sailfish Drive Manteo, NC 27954.
3. Disbursement of Rental Funds– Agent may disburse up to fifty percent (50%) of the gross rent to Landlord within thirty days of the execution of this agreement. Agent may disburse prior to occupancy any fees owed to third parties to pay for goods, services, or benefits procured by Agent or Landlord for the benefit of the Tenant, including, but not limited to, any fees set forth herein payable to Agent for reservation, transfer or cancellation of Your tenancy, homeowner association fees, dues or assessments. The tenant’s execution of the vacation rental agreement will not constitute a waiver or loss of the tenant’s rights to reimbursement of such payments if the tenant is lawfully entitled to the reimbursement. Balance of rental funds shall be maintained in the aforementioned trust account and shall not be disbursed until the occurrence of one of the following:
- (A) The commencement of the tenancy, at which time the remaining funds, may be disbursed by Agent in accordance with the terms of this agreement.
- (B) The tenant cancels or commits a material breach of this agreement.
- (C) The Agent refunds the money to the tenant.
- (D) Funds are transferred upon the termination of the property owner’s interest in the property.
- All taxes will be disbursed upon termination of the tenancy or material breach of the agreement and in accordance with North Carolina law.
4. Deposit of Rental Funds– All payments made herein to the Agent May be deposited into an interest bearing property management account with BB&T Bank located in Kill Devil Hills, NC. Interest earned shall be deemed solely the earnings of Pirate’s Cove Realty.
5. Trip Interruption Insurance/Mandatory Evacuation– Your Agreement includes optional trip interruption insurance intended to protect Tenant’s travel investment in the event of unforeseen circumstance that would cause cancellation including mandatory evacuation. Tenant will be provided a document detailing the plan, which will also serve as Certificate of Insurance and description of services. Coverage goes into effect when the premium is paid with the 1st rental payment. No refunds will be issued for premiums paid. The premiums for this insurance can be found on the 1st page of this agreement.
- Mandatory Evacuation-If state or local authorities order a mandatory evacuation of an area that includes the residential property subject to a vacation rental, the tenant in possession of the property shall comply with the evacuation order. The tenant will not be entitled to any refund if prior to the tenant taking possession of the property the tenant refused the insurance offered.
- VACATION RENTAL INSURANCE – Guest Protect Plan CSA Vacation Rental Insurance has been offered with your reservation. Vacation Rental Insurance reimburses for pre-paid, non-refundable expenses due to certain unforeseeable circumstances that may jeopardize your vacation and force you to incur unplanned expenses. We strongly recommend you purchase this valuable protection. View a Description of Coverage/Policy at www.vacationrentalinsurance.com/330cert
6. Rental Damage Plan/Property Damage/Security Deposits–
- Rental damage plan-This Vacation Rental Damage 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. Any damages that exceed $3,000 will be charged to the credit card on file. If you damage the real or personal property assigned to your rental accommodation during the trip, the Insurer will reimburse the cost of repair or replacement of the property, up to $3,000. Certain terms and conditions apply. Full details of the Vacation Rental Damage coverage are contained in the Description of Coverage or Insurance Policy (www.vacationrentalinsurance.com/g20vrd). The Vacation Rental Damage 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 Pirate’s Cove Realty any amount payable under the terms and conditions of the Vacation Rental Damage. Please contact Pirate’s Cove Realty directly if you do not wish to participate in this plan or assignment.
- Property damage-Please report to our office any damage to the property upon your check-in or accidental damage that occurs during your stay. Tenants are responsible for all damages, as provided under the North Carolina Vacation Rental Act, including damage caused by negligence, willful and destructive conduct and pet damage.
- Security deposits-Agent may require a payment of a tenant security deposit in the amount of $500 as Agent and Owner agree appropriate. This deposit will be fully refunded within 45 days of your departure provided there is NO DAMAGE to the unit. Notwithstanding any language contained herein, the security deposit may be applied to actual damages caused by the Tenant as permitted under the North Carolina Vacation Rental Act. If Agent withholds all or part of the security deposit, Tenant shall be provided an accounting of the funds withheld and an opportunity to object in writing to the failure to fully refund the deposit. Security Deposits are deposited in an interest bearing account at BB&T Bank in Kill Devil Hills, NC. Interest accrued belongs to the Agent.
7. Accounting– Tenant shall be entitled to an accounting of all deposits and payments made if written request for such information is made within a reasonable period prior to or after the Tenant’s occupancy of the property.
8. Cancellations and Transfers– Requesting a transfer to another unit is a cancellation. If you must cancel your Agreement regardless of reason, the cancellation must be in writing. If the property is not re-rented for the canceled period, YOU WILL FORFEIT YOUR PAYMENTS MADE TO DATE. If you are paid in full and the property does not re-rent, YOU WILL FORFEIT ALL MONEY PREPAID. If the property is re-rented, all money pre-paid (less the cancellation fee of $100, and trip interruption insurance) will be refunded. The tenant shall not assign this Agreement or sub-let the property in whole or in part without the written consent of Agent. All sublets must be handled directly by Agent.
9. Refund– In the event that the owner is unable to deliver the property to tenant under this agreement because of fire, eminent domain, act of nature, or any other cause, or if the property is unavailable because of delay in construction or because of lack of sewer or water, or if the property is not in a fit and habitable condition, Tenant hereby agrees that owner’s and Agent’s sole liability as a result of such conditions is to refund all rent and tax previously tendered by tenant pursuant to the terms of this agreement, which shall be promptly made by Agent. The tenant also agrees that in the case of double booking, tenant can choose between accepting a full refund of all rent and tax previously tendered by him and paying any difference in the rental amount if agent is able to relocate Tenant to another rental property. Tenant does expressly acknowledge that should Owner or Agent be unable to provide occupancy to tenant, in no event shall Owner or Agent be liable for any consequential or secondary damages, including, but not limited thereto, any expense incurred as a result of relocating tenant or for any damage, destruction or loss.
10. Furnishings and Amenities– Tenant understands that the accommodation is a privately-owned dwelling with the Owner’s furnishings, and neither the Agent nor the Owner shall be responsible for providing any additional furnishing or equipment. Tenant shall not be entitled to any refund for inoperative appliances or equipment, including but not limited to, air conditioners, audio, video, stereo, hot tubs, and elevators. Agent will make reasonable efforts to have them serviced; however, Agent cannot guarantee the time required to accomplish repairs, due to the limited availability of service and/or replacement parts in our area. Tenant agrees to pay a $25.00 fee for unwarranted service calls.
11. Accommodation Capacity-The advertised occupancy includes adults and children and must be strictly observed. Exceeding this occupancy is grounds for eviction. The use of the Premises is restricted to You and Your family. A “family” as used herein means parents, grandparents, children, spouses of children and extended family members vacationing at the premises. Use of the Premises by Fraternities, Sororities, Or Unrelated Groups Under 24 Years of Age Is Prohibited. Should a group misrepresent themselves, they will be required to vacate the premises immediately, without refund. Agent operates under the North Carolina Vacation Rental Act and will commence an expedited eviction under this law if a home is rented under false pretense. NO HOUSE PARTIES WILL BE PERMITTED. This is grounds for an immediate eviction, and an excessive use fee of $1500.00. A house party is defined as more individuals at a property than the advertised maximum occupancy number. Pirates Cove Weddings.com, 252.473.1015, offers for a fee, The World Class Marina Front Pavilion as the perfect back drop for your event up to 350 people. Weddings and/or Receptions are not permitted in any property managed by Pirate’s Cove Realty.
12. Parking– Pirates Cove Resort has limited parking. There is a 2 car limit for rentals in Buccaneer Village, Sextant Village, Ballast Point Villas and Town homes, Harbor Place and Gulf Stream Village. Single family homes have 3 to 6 car limits depending on the driveway capacity. Vehicles in excess of the unit’s parking capacity MUST be moved to a designated area. Contact front gate for alternative parking. Parking is not allowed on grass areas, road sides or roads. The speed limit is 20 MPH; individuals exceeding this limit are subject to fines and possible suspension of driving privileges within the community. At Shallowbag Bay Club: A limited number of 1st come 1st serve public parking spaces are available around the community. Some vacation rental properties offer private covered parking, please see property descriptions for details.
13. Water Craft, Dock Space and Trailers– At Pirate’s Cove Resort: Each renter must register water craft vessels at check in or at the front gate. Guests will be given a numbered sticker to be displayed on boat/jet ski while at the Pirate’s Cove Resort. Boats, jet skis or wave runners are not to be tied to any other bulkhead or placed on any other property. Boat trailers must be kept under the housing unit or in the designated offsite parking area, not in driveways or side of roads. Please contact the gatekeeper for designated boat trailer parking area. Pirate’s Cove Realty can no longer provide dock space for rental properties that do not have an assigned space. At Shallowbag Bay Club: A 1st come 1st serve dock is available close to the clubhouse, see rental office for information. Slip rentals are available at Pirate’s Cove Marina.
14. Recreational Vehicles– (RV’s) are not permitted on the grounds at Pirate’s Cove Resort. Limited Parking is available at Shallowbag Bay Club Resort. Additional offsite parking is available for a fee.
15. Pets– Certain properties allow pets. These are duly noted in the property description. No pets are allowed in any rental property, except where noted in brochure. The term “pets” refers to dogs only. Pets are limited to two (2), mature housebroken dogs, unless otherwise restricted by individual owners. Evidence of an ongoing flea treatment (Frontline etc.) is required prior to arrival; failure to produce proof of treatment may result in default to rental agreement. If pets are discovered in a home not allowing pets, Tenant will be evicted immediately and rental monies will be forfeited. The town of Manteo has a leash law which is enforced. Tenant is responsible for cleaning up after pets and for any damage or injuries caused by pets.
16. Expedited Eviction Proceedings– If the tenancy created here-under 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: (A) Holds over in possession after Tenant’s tenancy has expired. (B) Commits a material a breach of any provision of this agreement that according to its terms would result in the termination of Tenant’s tenancy; (C) Fails to pay rent as required by this Agreement; or (D) has obtained possession of the premises by fraud or misrepresentation.
17. Transfer of the Property by Landlord–
- (A) If the owner voluntary transfers ownership of the property, tenant has the right to enforce this Agreement against the new owner of the property if Tenant’s occupancy under this Agreement is to end 180 days or less after the new owner’s interest in the property is recorded. If the 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 new owner agrees in writing to honor this Agreement. If the new owner does not honor this Agreement, the Tenant is entitled to a full 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 new owner or the new owner’s agent is required to: (1)notify Tenant in writing of the transfer of the property, the new owner’s name and address, and the date the new owner’s interest was recorded; and (2) advise Tenant whether tenant has the right to occupy the property subject to the terms of this Agreement or receive a refund of any payments made by tenants. However if the new owner engages Agent to continue managing the property after the transfer, the new owner shall have no obligation under (1) or (2) above if this Agreement must be honored under the Vacation Rental Act or if the new owner agrees in writing to honor this agreement.
- (B)Upon termination of the owner’s interest in the Property, whether by sale, assignment, death, appointment of a receiver or otherwise, the owner, owner’s agent, or real estate broker 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 30 days, and notify Tenant by mail of such transfer and 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 property, 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 with 30 days.
- (C)If the owner’s interest in the property is involuntarily transferred prior to Tenant’s occupancy of the property, 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 of transfer.
18. Check-in and Check-out–
- (A) Tenant understands that check-in will begin after 4:00p.m. In order to allow sufficient time to prepare the property for your use, we ask that you do not request early occupancy on your day of arrival. Agent reserves the right to extend check in to 6:00 p.m. as needed to prepare the property properly for your occupancy. With advance notice Agent offers a limited number of early check-ins. Early check- in time is 1:00 p.m. and the price for this service is $50.00-$100.00 plus tax. If we are unable to accommodate your early check-in, and you have paid for this service, we will refund your early check-in fee. We cannot offer this service for all of our homes. Our rental office is open until 5:30pm, should you plan to arrive after 5:30pm, please call our office to make late arrival arrangements. Tenant understands that the only person who can check in and pick up the keys to the above referenced property will be the named person on the lease. Advanced arrangements in writing will be accepted via fax or email up to 24 hours prior to check-in.
- (B)Check-out is before 10:00am. Housekeeping will begin to prepare properties at 10:00am each departure day. With advance notice Agent offers a limited number of late check-out. Late check-out time is 1:00 p.m. and the price for this service is $50.00-$100.00 plus tax. We cannot offer this service for all of our homes. Guests checking out after 1:00 p.m. will be charged another nights rent. Credit Cards will be charged if necessary.
- (C)Tenant is responsible for washing all dishes, taking out trash, emptying the refrigerator. Leaving AC set on 78 degrees (or heat set on 55 degrees in winter months) securing all windows and doors, and leaving property broom clean, damage free for next arriving tenant. Any excessive trash removal or cleaning cost will be billed to Tenant at a minimum fee of $50.
19. Errors and Omissions– Every effort has been made to ensure that the information portrayed in the brochure, on web site, and other printed material is as accurate as possible. However Agent cannot be held responsible for any changes affected by our homeowners to alter the descriptions for our individual properties or for any printing errors in this publication.
20. Construction– The Outer Banks is a growing community with new construction, most of which is completed prior to the summer months. If you are renting close to a home under construction, please be tolerant. If you have any problems we will ask the contractors to be more considerate with respect to start/quit times, noise, etc. NO REFUNDS will be made for disturbances due to construction, nor can we move you to another property.
21. Housekeeping and Maintenance– All of our rental properties are cleaned and inspected prior to each check in. If your home is not cleaned properly when you check in, please call our office and we will correct the problem as quickly as possible. There will be no complimentary scheduled cleaning during multiple week stays. Additional cleanings services are available. If you wish to schedule a mid-week or mid-stay clean, please call our housekeeping department at 252-473-6800 and we will be happy to arrange that for you. The fee will vary depending on your rental accommodations.
22. Important Disclosures–
- (A)Tenant understands that Agent may earn commissions or fees from utilities, agencies, vendors, trip interruption insurance, or rental items (cribs, beach equipment, linens etc) , said commission and/or fees shall be deemed solely the earnings of Agent.
- (B)Tenant understands that Agent is being compensated in this transaction by the Landlord and is contractually obligated to protect the interest of Landlord.
- (C) Tenant understands that if Tenant or guest of Tenant violates any of the conditions or agreements in the rental agreement, Agent may terminate this agreement and give required notice to tenant to quit the property and if necessary institute expedited eviction proceedings.
- (D) Tenant agrees that he will not use, nor permit the use of the premises for any unlawful or disorderly purposes, nor commit or permit a nuisance to be committed therein. Shooting of fireworks and carrying of firearms or excessive noise are prohibited.
23. Indemnification and Hold Harmless:Right of Entry- The tenant hereby 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 failure of Agent or the owner to comply with the Vacation Rental Act. Tenant agrees that Agent, the owner or their representatives may enter the property 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.
24. Amenities-Waivers of Liability for hot tub, Jacuzzi, sauna, pool, and herein after called special feature, if so equipped. The guest understands there are dangers that the special features may present to children who are not carefully supervised, as well as the danger of any person using the special features for too long a time, or if a person has health risks, or if a person uses the special feature while intoxicated or using any kind of drugs or medication, or uses the special feature if pregnant. The Tenant agrees to explain the risks of using the special feature to any guest tenant may have at the unit and to be fully and solely responsible for any accidents his guest may incur. The Tenant understands the risks discussed above and agrees that tenant will assume all responsibility for tenant and his guests for the consequences of those risks. Tenant agrees to waive any claim whatsoever against Landlord or Agent for accidents or claims arising from use of special feature. The Tenant also understands and agrees that tenant is responsible and liable and will pay Agent upon request for any damages that occur to the special feature and its support equipment through tenant or tenant’s guest’s misuse and negligence, for example, but not limited to, walking on the hot tub cover or damaging the cover and/or liner, or allowing the water level to become too low, or causing water overflow inside the unit. Seasonal Amenities- Tenant understands that seasonal amenities, including, but not limited to hot tubs, pools and fireplaces, may not be available all months of the year.
25. Telephone/Cable and Internet-Tenant agrees not to place any long distance calls in properties equipped with a telephone or to charge pay-per-view movies through cable. All long distance and toll charges must be billed as collect, charged to Tenants home phone, or charged to the Tenants credit card. Be advised that the unauthorized exchange/download/upload of copyrighted material (music, movies, software, etc) maybe prohibited by the digital Millennium Copyright Act. Exchange/download/upload is strictly prohibited under this agreement and tenant agrees to indemnify and hold harmless the property owner and Pirate’s Cove Realty from any civil or criminal prosecution that may result from such unauthorized and prohibited use.
26. Disputes: This Agreement shall be governed by and interpreted in accordance with the laws of the State of North Carolina, and shall be treated as though it were executed in the County of Dare, State of North Carolina. Any action relating to this Agreement shall be instituted and prosecuted only in the Dare County Superior Court, North Carolina. You specifically consent to such jurisdiction and to extraterritorial service of process.
27. Miscellaneous– This Agreement, together with the attachments referenced herein and attached hereto, constitutes the entire agreement between the parties relating to the subject matter hereof, and supersedes all prior written oral negotiations, representations, or agreements. No modification of this Agreement shall be binding on either party unless it is in writing signed by both parties. Each section, subsection or paragraph of this Agreement shall be deemed severable and if for any reason any portion of this Agreement is unenforceable, invalid or contrary to any existing or future law, such unenforceability or invalidity shall not affect the applicability or validity of any other portion of this Agreement. For all purposes hereunder, facsimile or electronic signatures shall be deemed to be originals and such signatures shall be given the same effect as would an original signature. THE PARTIES ACKNOWLEDGE THAT THEY HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.