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 THE AGREEMENT, IS EVIDENCE OF YOUR ACCEPTANCE OF THE AGREEMENT AND YOUR INTENT TO USE THIS PROPERTY FOR A VACATION RENTAL.
*TRIP CANCELATION/INTERRUPTION INSURANCE (TRAVEL INSURANCE): CSA Travel Insurance is authorized by the NC Department of Insurance, and is offered by VBV to every guest. Although optional, we strongly recommend purchasing the cancelation insurance, as it will help protect your vacation investment in case of unforeseen events, illnesses, including mandatory hurricane evacuation (see flyer for limitations & exclusions). If there is a MANDATORY EVACUATION ordered for Carolina/Kure Beaches, you must vacate your unit, and no refunds will be made unless you have purchased the Trip Cancelation/Interruption Cancelation Insurance. If you choose to leave during a VOLUNTARY EVACUATION there will be NO REFUND (see CANCELLATION #6). VICTORY BEACH VACATIONS retains a percentage of the insurance premiums. Travel Insurance Premium is not paid until 1st payment is made; therefore, guest is not covered for any loss until 1st payment consisting of minimum 50% of rent, and non-refundable insurance premium is paid. Travel Insurance cannot be purchased after your final balance is received. The insurance premium is non-refundable and non-transferable. For questions concerning travel insurance, please call CSA directly at 866-999-4018.
______ Guest Initials I have read and understand the Cancellation/Interruption Insurance Terms
*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 the occupancy
1. Payment Policies, Management Company Fees, and Disbursement of Rent and Third Party Fees: Tenant authorizes Agent to disburse up to fifty percent(50%) of the Total Rent(set forth on Page 1) 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, a material breach of this Agreement by Tenant, or as otherwise permitted under the Vacation Rental Act. 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 processing transferring or cancellation of the reservation, also including any and all Administration or Hold fees of Tenant’s tenancy. Management Company makes a profit on rentals, insurance premiums, services, linen & equipment rentals and any other service or sale that Management Company offers. We offer E-check payment option. Tenant agrees to pay a $25 processing fee for any Check or E-Check of Tenant that may be returned by the financial institution due to insufficient funds or because Tenant did not have an account at the financial institution. Additionally, if funds are not available when processing the E-check, you authorize VBV to charge the credit card on file for the amount of rental. If paying by Credit Card and guest submits a DEBIT card for payment or authorization he does so at his own risk, VBV will not be held liable for any fees charged to guest by their bank for any reason whatsoever including Victory processing errors.
2. Security Deposit: Any Security Deposit provided (set forth on page 1) may be applied to actual damages caused by Tenant as permitted under the 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 tenant’s Security Deposit within 45 days following the end of the tenancy. Tenant understands and agrees that they are responsible for any damages to the Premises during the period of tenancy, and that they will be charged for said damages, including reasonable attorney’s fees, unauthorized utility charges, unpaid rent, extra cleaning charges, fees assessed for any unauthorized pet &/or fumigation fees, unwarranted service calls, or/and expenses incurred by Management Company or owner, and that these charges will be charged to the credit card on file. This Security Deposit does not preclude any legal /criminal processes and any costs incurred to recover funds necessary to repair or replace property valued at over the Security Deposit amount.
3. Tenant agrees that all advance payments including Security Deposits will be deposited in an interest-bearing FDIC Insured trust account: Located at First Citizens Bank N. Lake Park Blvd. Carolina Beach, NC 28428 and that any interest thereon shall accrue for the benefit of, and shall be paid to, the owner (or as the owner directs) as it accrues and as often as is permitted by the terms of the account.
4. 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 that Property will only be used for Residential purposes and 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 Tenant’s tenancy. Tenant is solely responsible for the actions and safety of their guests/children and will be residing on premises during entire length of stay. By accepting this rental agreement, tenant agrees to these terms.
5. 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 Premise 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 THE RACE, COLOR, RELIGION, SEX, NATIONAL ORIGIN, HANDICAP OR FAMILIAL STATUS OF ANY TENANT.
6. Cancellation: In the event of a cancellation by Tenant, Tenant shall receive a refund of payments made by Tenant, less a cancellation fee of 15% of total rental rate, with a minimum of $100, whichever is higher, and travel insurance premium, only if the Premises are re-rented on the terms set forth herein. If the Premises are not re rented on the terms set forth herein, Tenant will not be entitled to a refund of any payment made here under. If Property is Rented at a Discounted Rate, Refund will be based on Discounted Rent. Tenant, rather than Agent, shall be responsible for seeking reimbursement of any fees paid by Tenant to Agent for goods, services, or benefits procured by Agent from third parties for the benefit of Tenant that may have been paid out prior to Tenant’s cancellation.
______ Guest Initials I have read and understand the Terms of Cancellation
7. 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 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 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 payments 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 owned 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 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 owed to third parties not already lawfully disbursed) must be transferred to Tenant within 30 days.
8. 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 prorated 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 a mandatory evacuation order
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 in 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 Tenant’s tenancy; (iii) fails to pay rent as required by the 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. Pets: Unless otherwise specifically permitted in this Agreement (including any addendum hereto), no pets shall be allowed on the Premises. Tenant’s breach of this provision shall be considered material, and shall result in the termination of Tenant’s tenancy, loss of all payments made and loss of Security Deposit itemized in Paragraph 2.
12. Other Terms and Conditions: TENANT NAMED ON LEASE UNDER THE AGE OF 25 WILL BE DENIED OCCUPANY, ALL PAYMENTS WILL BE FORFEITED, AGENT & OWNER HELD HARMLESS. MANAGEMENT COMPANY WILL OFFER PROPERTY FOR RENTAL. IF RE-RENTED CANCELLATION TERMS WILL APPLY. IF PROPERTY IS NOT RE-RENTED ALL PAYMENTS MADE BY UNDERAGE TENANT WILL BE FORFEITED. MAXIMUM # OF PERSONS ALLOWED IN OR ON PROPERTY AT ANY TIME IS LIMITED TO THE # OF GUESTS STATED ON RENTAL CONTRACT. GUESTS ARE NOT PERMITTED IN OR ON PROPERTY AT ANY TIME. EVENTS, HOUSE PARTIES, WEDDINGS, RECEPTIONS AND GROUPS OF ANY KIND ARE NOT PERMITTED. TENANT’S BREACH OF THIS PROVISION, SHALL RESULT IN THE IMMEDIATE TERMINATION OF TENANT’S TENANCY BY EXPEDITED EVICTION.
13. Construction/Beach Nourishment: Construction is throughout Pleasure Island. We have no control as to when and where construction occurs. No refund or transfers will be made. Beach Nourishment may be active during your stay affecting your access and enjoyment of the beach. It is not possible to predict schedules as these are developed by the town and contractor and are weather dependent. No refunds can be given.
14. Addenda: Any addenda to this agreement are described in the following space and attached hereto
SEE: Addendum A: GUEST INSTRUCTIONS
Addendum B: PET CONTRACT
**NOTE………..NO SMOKING IN UNIT…. SMOKING IN UNIT VIOLATES LEASE AND WILL RESULT IN REMEDIATION PROCEDURES. Smoking in unit is considered Willful Conduct, which violates lease and will result in remediation procedures to be paid by tenant security deposit funds or charge to their credit card.
Tenant agrees that Tenant has received and read any such addenda, and that they shall constitute an integral part of this Agreement.
15. By signing this agreement guest acknowledges review and acceptance of 3 pages of agreement, and 2 pages of Guest Instructions, Authorization to process Check Account, and policies posted on Victory Beach Vacations website.
_____________________________________________ Reservation ID# ___________________ Guest Name (Please Print)
_____________________________________________ REAL ESTATE AGENCY: VICTORY BEACH VACATIONS, INC. Guest Signature (must be person listed on agreement)
BY:________________ ______________________________
Date: ___________________________ (AUTHORIZED REPRESENTATIVE) CAROLINE MEEKS MANAGER/BROKER IN CHARGE LICENSE # 156705
MANAGEMENT COMPANY LICENSE #15003
GUEST INSTRUCTIONS -Addendum A
Check-In is 4:30 PM OR later -occasionally, we may need the hours of 4:30 PM to 5:00 PM to perform additional cleaning or maintenance on the property- May thru September
Check-In Instructions – You will receive an email 3 days before check-in(after 6:00 pm) with more detailed instructions (please read carefully). The Access Code will be text to the mobile number on file to either lock-box at property or access code to check-in box in the carport area of VBV office to pick up check-in package once property has been cleaned & inspected.
PAYMENT INSTRUCTIONS: Please sign & send back Invoice, 1 copy of Rental Contract, Initialed Guest Instructions, Rental Essentials form (if applicable), & Pet Contract (if applicable) with personal or certified check for 1st payment within 7 days of booking. A Confirmation will be sent after 1st payment received, stating final charges, which is due 30 days before arrival. Mail to 206 Fayetteville Ave., Carolina Beach, NC 28428. If arriving within 30 days of reservation date, all monies will be secured on credit card until check clears bank (unless sending cashiers check). Questions? please email: info@victorybeachvacations.com.
PLEASE NOTE: SHEETS, PILLOW CASES, TOWELS, SOAP & PLASTIC PRODUCTS ARE NOT INCLUDED Please remember to bring these items with you or you may rent Rental Essentials, such as Sheets, Pillow Cases, Towels, Beach and Baby Equipment through our office(sheet attached). There will be a quilt/comforter encased with a Freshly Laundered Duvet Cover and 2 Pillows on each bed. If you need extra pillows or blankets please bring your own. *RENTAL ESSENTIALS must be ordered & paid for with your final payment or call office for availability
POOL/SPA INSTRUCTIONS (if applicable): THERE ARE NO LIFEGUARDS ON DUTY! ALL USE OF THE POOL/SPA AREAS IS AT THE SOLE RISK OF THE TENANT AND/OR GUESTS. This applies only if the property you have rented has pool privileges. Victory cannot guarantee pool/spas operational down time, and/or their hours of operation and/or openings. Pools/Spas are SEASONAL and generally available for use from Memorial Weekend to Labor Day. Pool gate may have pool key or pool code. Pool code on check-in information page in property. Be sure to have your unit keys with you as you may be asked to produce condo or house keys to verify your occupancy. Please be aware that there are some areas on Carolina & Kure beaches that are not life guard protected. PRIVATE POOLS/SPAS: Each owner has personally contracted a certified pool and spa operator which tests for safe and proper chemical levels before your arrival and once mid week. Please follow all posted rules and regulations(Welcome Book) and do not allow any dog in the pool or spa! PLEASE BE SAFE!
________I have read and understand POOL Instructions -please initial
VEHICLE PARKING: VEHICLE PARKING: DOES NOT APPLY TO MOST HOUSES! You must keep your parking ID visible ON YOUR DASHBOARD or Rear View Mirror at all times during your stay. TOWING IS STRICTLY ENFORCED! All parking spaces are strictly for auto and may not be used for boats, trailers, campers, motor homes, etc. Each property has its own number of allotted parking spots, please be sure to check how many spots are allotted before booking. Victory cannot be held responsible for any losses or Towing Fees. .
CLEANING: Your property will be cleaned & inspected prior to your arrival, a routine inspection & cleaning of the unit is included in the rent upon departure. For any check-out instruction(s) not performed by the Guest, damage or theft to the unit or its contents, smoking in unit, any extra cleaning or excess sand in unit/decks/porches, etc., will result in a charge against your security deposit or credit card. If instructions are followed and there is no damage found upon our inspection of the unit, the security deposit collected (if applicable) will be returned to you within 45 days of your departure.
REPAIRS/EMERGENCY & MAINTENANCE ISSUES: If you experience a maintenance problem during regular business hours Monday~Saturday (9am~5pm),& Sunday’s May-Sept, please call our office at 910-458-0868 and ask for Maintenance Dept. Otherwise, please let us know by email or text so we are able to fix any problems after your departure. If no answer, leave a message in general delivery mailbox and your call will be returned the next business day. There is no on-site maintenance available after 5:00 pm for amenities including hot tubs, internet, elevators, pools, gas logs, grills and TVs/DVDs etc. Please be patient if you encounter any inconvenience. We will make every effort to remedy any problem reported as soon as possible. Examples of inconveniences which are not in our control, and which do not warrant any refund of rental monies include: breakdown of TVs, DVDs, internet, cable, gas logs, gas grill, hot tubs or other appliance failures, air conditioner or elevator operational downtime, including any loss of utilities: electrical, water or phone services; construction taking place nearby; a home which is not decorated or accommodated to your personal taste; bad weather. However, a TRUE EMERGENCY, as defined below, should be reported to the after-hours EMERGENCY NUMBER at 910-458- 0868(please listen to message for EMERGENCY PERSONNEL # to call), and your call will be returned promptly. NO REFUNDS issued for delayed check-in or early check-outs, damage to guests’ personal belongings due to malfunctioning appliances or inclement weather including mandatory evacuation. Due to our tropical environment and constant traffic through open doors and windows we do not issue refunds for unwanted pests (i.e. bugs). Substitutions, transfers and refunds will not be made upon arrival for any reason. We will make every effort to correct any problem reported upon your arrival. No refunds for pools/spas operational down time. Any Service calls deemed unnecessary by VBV will be deducted from Security Deposit or Credit Card. A TRUE “after-hours”
EMERGENCY IS DEFINED AS: No Heat or Air, No Electrical Power, No Water, Water Leak in Rental Property, Problems with Keys and you cannot enter property.
LOST KEYS/PARKING PASSES AND LOCK OUTS: A fee will be charged for any lost key, or misplaced items including parking pass @ check-out. A $55.00 emergency fee will be charged for lock-outs after office hours
REFUNDS: No Refunds issued for delayed check-in or early check-outs, damage to guests’ personal belongings due to malfunctioning appliances, HVAC, pools/spas, elevator downtime or inclement weather including mandatory evacuation. Due to our tropical environment and constant traffic through open doors and windows we do not issue refunds for unwanted pests (i.e. bugs). Most Properties are treated monthly. Substitutions, transfers and refunds will not be made upon arrival for any reason. We will make every effort to correct any problem reported during your stay.
WHAT ABOUT HURRICANES? If an Official Mandatory Hurricane Evacuation Order is given for the same time as your arrival, or at any time during your stay, you MUST evacuate. You will be due a refund by the Insurance Company only if you purchased the Travel Insurance offered on Rental Contract. If you choose to leave in a Voluntary Evacuation no refund will be paid by the Insurance Company or Victory Beach Vacations, Inc.
The following information will make your visit more comfortable.
The Homeowners’ Association by-laws restrict occupants from hanging wet towels or bathing suits from balcony railing.
1. Be sure to report any damage or cleaning discrepancies s to Victory Beach Vacations, Inc. immediately upon arrival. Call 910.458.0868
2. OUTDOOR GRILLS: North Carolina fire codes prohibit cooking on the decks/ balconies or within 10 feet of the building. Violations are punishable by a $100 fine.
3. If wearing wet or oily swimming apparel, please do not sit on the furniture.
4. Please do not flush sanitary napkins or tampons down the toilet. Dispose of them properly.
5. This is a non-smoking unit. Smoking in this unit will incur remediation procedures. The cost of which is usually in excess of the security deposit collected or secured by your credit card.
6. Guests are not permitted to bring pets on the property by regulation of the Homeowners’ Association unless you rented a dog friendly unit, signed a dog addendum, and paid a non-refundable dog charge (SEE PET ADDENDUM FOR BEACH RESTRICTIONS/RULES/REGULATIONS. Sign & return with contract) if applicable
7. If an unauthorized pet is found in any unit there will be a fee of $300 charged against your Security Deposit/credit card, the pet must be removed and your occupancy will be cancelled. Additionally, any extra cleaning or damage caused by pet will be deducted from the security deposit or credit card provided as well.
8. The maximum # of persons allowed in or on property at any time is limited to the number of guests stated on Rental Contract. Guests are not allowed in or on property at any time. Events, House parties, Wedding, Receptions and Groups of any kind etc. are not allowed. Please respect the rights of others and do not engage in loud noise or music. Fees will be charged against Security Deposit for occupancy violations.
9. Quiet hours are between the hours of 11:00 PM and 8:00 AM. If there are noise violations between these hours please call 911. Walking on the sand dunes or sea oats is prohibited by North Carolina law. NO FIREWORKS! Unconditionally prohibited. Please do not feed the seagulls or birds, especially from the decks/balconies.
10. All units are treated by a pest control technician once a month. Please do not refuse admittance to the Technician, as he cannot come back. If your unit should be unoccupied at the time treatment is scheduled, the Pest Control Technician is authorized to access and treat. When you return you will find a notice on the Kitchen Counter stating that the treatment was performed.
11. There should be at least 2 pillows on each Full, Queen, King and 1 pillow on twin bed, If you are missing pillows please call us ASAP as there will be a $25 assessment against your Security Deposit for missing pillows
12. Please notify our office at once concerning any problems and we will have the repairs made as quickly as possible. Guest will be charged for unwarranted service calls.
Departure Instructions -you will receive an email 1 day before departure with more detailed instructions ✓ Place duvet covered comforter(of beds used)on floor -do not remove mattress pad from bed
✓ Leave any rented items in unit or on deck, place dirty linens in Seaside Linen bag, do not leave beds made
✓ Remove all food from fridge, run dishwasher after loading dirty dishes
✓ Turn off all lights and appliances and lock all windows, doors and sliders.
✓ AC to 72 during Summer…HEAT to 60 during Winter
✓ Remove all trash to outside dumpster or container
✓ Double Check for any personal belongings you may have forgotten -VBV cannot be held responsible for items left behind
✓ TO AVOID LATE CHECK-OUT CHARGES: Return 1 Key(the key with the small tag you removed from lock box at check in) or check-in package, & survey to the purple check-out box located in carport at our office -206 Fayetteville Ave. Carolina Beach, before 10:00 am.
VBV -206 Fayetteville Ave. Carolina Beach, NC 28428 OFFICE ~ 910.458.0868