My place is close to the beach and family-friendly activities. You’ll love my place because of its location in the Village of Nags Head, directly across from the Nags Head Golf Links, short distance to Village Beach Club with private beach access and Epstein Street public beach access. My place is good for couples, solo adventurers, business travelers, families (with kids), big groups, and furry friends (pets). Rates listed are for a weekly stay. Higher rates apply for partial weeks.
THIS IS A VACATION RENTAL AGREEMENT UNDER THE NORTH CAROLINA VACATION RENTAL ACT (NCGS 42A). The right 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 the agreement is evidence of your acceptance of the agreement and your intent to use this property for a vacation rental.
1. IN CONSIDERATION of the rent received and the mutual promises herein, the Owner of the subject property does hereby lease and rent to Tenant that certain property described above and under the following terms and conditions for the dates listed.
2. THIS LEASE MUST BE AGREED TO BY TENANT.
3. CANCELLATION: In accordance with AirBnB cancellation policy, you will receive a 50% refund up until 1 week prior to arrival, except for fees.
4. HOUSE RULES:
A. CHECK-IN: Check-in time is after 3pm on the beginning date of your reservation. In order to allow sufficient time to prepare the property for your use, we ask that you do not request early occupancy. KEYS WILL NOT BE RELEASED UNTIL AFTER 3 PM.
B. The undersigned represent themselves to be an adult 24 years or older.
C. PETS: One dog under the weight of 60 lbs. is allowed with an $150 non-refundable pet fee. Pets determined to be on premises without paying the pet fee will be grounds for immediate eviction without refund of rent paid. The $150.00 fee will be charged and will be withheld from security deposit if pets are brought into the cottage without paying the $150 non-refundable pet fee.
D. ACCOMMODATIONS: Tenant is responsible for keeping the unit clean and safe during the entire tenancy. In addition, tenant is responsible for any and all damage to the property during his tenancy. In addition, parking is limited to three vehicles. Please plan your travel accordingly. Please do not over occupy. Please respect owners locked closets (one on the middle level and one under the house). These are not included in your rental of the property. Our cottage is designated “No Smoking”. Please respect this request to avoid compromising your vacation. Our cottage includes an electric coffee pot, blender, microwave and toaster as basic kitchen equipment, all pots, pans, cups and dishes, central air/heat, dishwasher, washer/dryer, TV, cable, DVD player, phone, grill, deck furniture, stereo, and outside shower. All beds have mattress pads, bedspreads, linens, blankets and pillows provided. YOU’LL NEED TO BRING ALL PAPER PRODUCTS AND CONDIMENTS WITH YOU. For your protection, our home is provided with several smoke detectors. We check operation on a routine basis; however, it is the renter’s responsibility to check the smoke detector upon arrival and to advise the Owner immediately if the smoke detector is not working properly.
E. WATER QUALITY: The unique qualities of the area (which draws so many visitors to the Outer Banks) unfortunately, also share some drawbacks. The quality of the water may vary and will probably not be like the water you are used to, even with filtration systems insuring the water is potable. If you do not wish to drink the water we recommend you purchase bottled water for drinking and cooking. Although the water is safe for drinking, cooking, washing and bathing there is a possibility of discoloration to clothing, tubs, toilets and even chemically treated hair. We are not responsible for water quality and therefore can make no refunds regarding this issue.
F. MAINTENANCE: Every effort is made to keep our home and its equipment in good working order. Please notify the Owner of any difficulty you incur during your stay so repairs can be made. There will be no rebates given for inoperable appliances or faulty equipment, unfavorable weather, early departure, interruption of utilities, construction in the area or maintenance problems. False or unwanted maintenance repairs called for by tenant will be billed to tenant. We reserve the right to enter premises during tenancy to inspect, make repairs, etc.
G. TRIP CANCELLATION INSURANCE: We strongly suggest that you purchase separate trip cancellation insurance from a reputable insurance company to protect your vacation investment against hurricane evacuations, and other covered unforeseen circumstances, which could cause cancellation of your trip and forfeiture of payments. NO REFUNDS WILL BE GIVEN BY THE OWNER FOR ANY REASON EXCEPT AS DEFINED HEREIN. We do not provide trip cancellation insurance. The owner agrees that in the case of a hurricane evacuation during the scheduled vacation time, the owner will allow tenant to reschedule for another date within the same calendar year at the current rate for the rescheduled time without forfeiture of any payments.
H. CHECK-OUTS: We ask that our cottage be vacated by 10.00 A.M. on check-out day. We ask that this policy be respected by all tenants. An extra day’s rent will be charged for all late check-outs. At a minimum each Lessee is responsible for washing dishes, taking out trash to the outside container and rolling to the curb, emptying refrigerator, leaving the AC set on 78 degrees (or heat set on 60 degrees in the winter months), securing all doors and windows, and leaving the house damage-free and in good shape for the next renter. Please ensure you’ve packed all your belongings before checking out, as we cannot be responsible for items left. Tenants who do not leave the cottage as stated above, will incur a $200.00 cleaning charge which will be deducted from the security deposit.
I. TAX: North Carolina has enacted a lodging tax in Dare and Currituck Counties effective January 1, 1987. In addition to the 7.75% sales and use tax in effect now, there will be an additional 5% lodging tax added to your rental amount. The tax table as of printing is 12.75% in Dare County. Tax amount due will be adjusted in appropriate tax rate on your check-in date.
J. DAMAGES: We ask our tenants to report any breakage or damages to us upon occurrence and settling the matter before they leave. If there is any damage done to a unit, the lessee does agree to be responsible for any damages done by himself, his family, guests or pets. All rental units are checked between tenants carefully for breakage or damage. Tenant authorizes owner to charge his/her credit card on file or security deposit (if applicable) for such damages and acknowledges in writing same to tenant. Do not duplicate keys to your unit. Lost or unreturned keys will incur a $50.00 re-key charge. Tenants are not permitted to move furniture within the cottage, cook with grilles on any deck or under the house nor burn candles.
K. PHONE. With so many people now having personal cell phones, we do not provide phone service in the house. In case of emergency and you need to call 911, first get everyone out of the house safely and then dial 911. The address is 218 Fairway Lane, Nags Head, NC.
L. CABLE INTERNET SERVICE. Our home is equipped with wireless cable internet service. You do not need a password to use the wireless internet.
M. GRILLING: Do not attempt to use outdoor grills on decks, porches or near wooded areas as you are responsible for any damages. If a grill is provided, please be sure to clean the grill before you leave so the next guest finds it ready for use.
N. TELEVISIONS/VCR/DVD: No guarantees are given for TV sets and no rebates will be given for malfunctions or cable reception. Additionally, there will be no rebates for faulty VCR, DVD or TV equipment.
O. UNIT FOR SALE: Tenant understands that in the event the rental unit is listed for sale, Owner reserves the right to show cottage to potential buyers. Effort will be made to schedule the showing so as not to interrupt your vacation. Tenant understands in the event of the sale or transfer of the subject property, the new owner may not be bound to honor this rental if rental is to occur 180 days or more following the recorded sale of the property. In this event, you shall be entitled to a refund of rent payments made by the purchaser/new owner. The sale or transfer of the property is subject to NCGS 42A, vacation rental agreement.
P. POOL: Pool privileges are available to tenants at the beach club. By accepting this lease, Tenant releases Owner from all liability for any injuries or death resulting from leasee or his guests’ use of the pool.
Q. BEACH NOURISHMENT: Some oceanfront areas of the Outer Banks may be a part of a beach nourishment project. You may experience some inconvenience during this project which typically would be implemented in the off-season. No refunds will be given.
R. CONSTRUCTION: New construction is a part of the Outer Banks. Most construction in our neighborhood has been completed however you may experience construction in the area. We have no control over construction on other adjacent properties. No refunds will be made for construction in the area.
S. FIREWORKS: Fireworks of any kind are illegal in Dare County. Due to the winds on the Outer Banks there is no safe location to set off your private fireworks celebration. Tenant is responsible for any damage caused to this or other properties in the area.
T. INCLEMENT WEATHER: Summer storms can blow in quickly on the Outer Banks. We ask that you perform the following if you think a storm may be imminent:
•Place any beach chairs, umbrellas, etc securely under house.
•Close and lock all windows and doors.
•Unplug TV’s and cable if lightning is expected.
6. PERMITTED OCCUPANTS Lessee must take possession and maintain possession of subject property for the full leased period. The Tenant shall not permit the property to be occupied or used as a residence by more than 8 guests. This includes the Tenant, his family (including all children) and guests. Overcrowding of property or misrepresenting number in party is grounds for immediate eviction without refund. Absolutely no house parties, beer kegs, ATVs or RVs or illegal activities allowed on premises. Violation of this will result in the termination of lease and immediate eviction without refund. Misrepresentation, failure to pay in full, obtaining subject property under false pretenses, fraud or material breach of this agreement shall result in an expedited eviction in accordance with the vacation rental act (NCGS 42A).
7. LIMITATIONS OF REMEDIES, DAMAGES AND INDEMNITY In the event the owner is unable to deliver said property to Tenant under this lease agreement because of fire, damages, eminent domain or Act of Nature, or if the property is unavailable because the unit is sold and no longer renting, or because of lack of water or sewer, or otherwise unfit or uninhabitable, or for any other reason whatsoever, Tenant hereby agrees that Owners sole liability as a result of any of these conditions is the full refund of all consideration previously tendered by Tenant pursuant to the terms of this lease, and Tenant expressly acknowledges that in no event shall owner be held liable for any consequential or secondary damages, including but not limited to any expenses incurred as a result of moving, for any damage, destruction or loss. Tenant also agrees that in the case of a double booking or occupancy by owner, Tenant will be entitled to a full refund of all consideration previously tendered by Tenant. The Tenant agrees to release and indemnity the Owner and his Agent from and against liability for injury to the person of the Tenant or to any member of his household resulting from any cause whatsoever, except only such a personal injury caused by the negligent or intentional acts of the Owner or his Agent. Tenant shall not be entitled to any refund due to unfavorable weather, maintenance problems, area construction, early departure, or disruption of utility services (including cable) after occupancy. Tenant agrees to be responsible for any repairs necessary due to their negligence. Owner reserves the right to enter and inspect premises with a reasonable notice to Tenant. In the event of an ordered evacuation due to hurricanes or other storms, tenant is required by state law to evacuate property. Refunds for the period of mandatory evacuation will be made only by trip insurance provided you purchased the optional trip cancellation insurance. (If tenant has refused trip cancellation insurance, tenant shall not be entitled to a refund).
8. IN WITNESS THEREOF, this agreement is executed in two counterparts with an executed counterpart being retained by each party hereto. NOTICE: This is a legally binding contract. If not understood, seek competent advice.
(a) This agreement shall be governed by and interpreted in accordance with the law of the State of North Carolina.
(b) This agreement shall be treated as though it were executed in the County of Dare, State of North Carolina, and were to have been performed in the County of Dare, State of North Carolina. Any action relating to this agreement shall only be instituted and prosecuted in courts in North Carolina. Customer/Tenant specifically consents to such jurisdiction and to extraterritorial service of process.
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