This Rental Agreement and Contract (the “Agreement”) is a legally binding
agreement made and entered into as of the Reservation Date agreed upon by
and between the undersigned person(s) or company (the “Guest”) and the
undersigned owner, manager or agent (“Rental Agent”), pursuant to which the
Guest has agreed to rent the residence described below (the “Property”), for the
duration of the Rental Term for the Total Rental Fee and other good and valuable
consideration as described herein.
This agreement is fully enforceable and acknowledge upon reserving and paying for said property. It is therefore implied that the transfer of funds is proof of acceptance of this rental agreement.
A pet fee of $75.00 is required for each pet. Our max pet acceptance is 2 pets. The pet fee is not refundable, and not only includes the extra cleaning needed after each pet, but treatment of pet used areas, cleaning of upholstery and carpets that are possibly used for pets. This fee is NOT negotiable.
Deposits will be held by the processing site. Deposit funds are held only by the processing site, and are not, at any time, held by the Rental Agent. Example of processing site is (Hidden by Airbnb) , FLIPKEY, TRIPADVISOR, AIRBNB, or booked directly through the owner. The deposit or portion thereof may be used by the Rental Agent for actual damages that are caused by the guests.
There is a standard cleaning fee is based on the rental that you have selected, whether the renter stays for 1 day or 89. The fee includes, but is not limited to, all linens, hot tub cleaning (only at North Carolina beach rentals) cleaning and sanitizing of the home when guests depart. Please note, cleaning does not include cleaning up after guests that leave our home in disarray, filthy, or any trash removal.
A processing fee may apply as well (sites often charge a processing fee to book (Hidden by Airbnb) , FLIPKEY, TRIPADVISOR, and AIRBNB do charge processing fees), the fees are mandatory, and the owner receives no proceeds from the fees collected. Daily, weekly, and monthly rental rates are posted and are based on the current market value of similar area properties.
Guest agrees that no more than 5 guests at Our Private Wooded Cabin, 12 guests at Our Private Paradise, 10 guests at Our Dare Dream, and 10 guests at Between the Sound and Sea Escape. Please note, after 8 Guests for Our Private Paradise, Our Dare Dream, and Between the Sound and Sea, there will be a charge of 20 per night per guest over 8 guests. All homes will be set up for 8 guests only, and linen and towels will only be set up for 8 guests. It is imperative that you notify the owner of the increase of guests, an invoice will be sent for the amount due, and linens and towels will be allocated for the additional guests.
CONDITION AND USE OF PROPERTY
The Property is provided in “as is” condition. Rental Agent shall use its best
efforts to ensure the operation of all amenities in the Property, such as internet
access, satellite or cable TV access or hot tubs, fireplaces as applicable. Rental
Agent shall not be held responsible for such items failure to work, but will make
every effort to correct any issues as reported as quickly as possible. Guest
acknowledges that use of amenities such as hot tubs (if applicable), pools (if applicable), spas, fireplaces, decks, and the like may be potentially dangerous and involve potential risks if improperly used, particularly with regard to children and such use is at the
Guest’s own risk.
Guest shall use the Property for residential purposes only and in a careful
manner to prevent any damage or loss to the Property and keep the Property in
clean and sanitary condition at all times. Guest and any additional permitted
guests shall refrain from loud noise and shall not disturb, annoy, endanger, or
inconvenience neighbors, nor shall Guest use the Property for any immoral,
offensive or unlawful purposes, nor violate any law, association rules or
ordinance, nor commit waste or nuisance on or about the Property.
If Guest should fail to comply with the conditions and obligations of this
Agreement, Guest shall surrender the Property, remove all Guest’s property and
belongings and leave the Property in good order and free of damage. No refund
of any portion of the Total Rental Fee shall be made and if any legal action is
necessary, the prevailing party shall be entitled to reimbursement from the other
party for all costs incurred.
ASSIGNMENT OR SUBLEASE
Guest shall not assign or sublease the Property or permit the use of any portion
of the Property by other persons who are not family members or guests of the
Guest and included within the number of and as permitted occupants under this
RISK OF LOSS AND INDEMNIFICATION
Guest agrees that all personal property, furnishings, personal affects and other
items brought into the Property by Guest or their permitted guests and visitors
shall be at the sole risk of Guest with regard to any theft, damage, destruction or
other loss and Rental Agent shall not be responsible or liable for any reason
Guest hereby covenants and agrees to indemnify and hold harmless Rental
Agent and their agents, owners, successors, employees, and contractors from
and against any costs, damages, liabilities, claims, legal fees and other actions
for any damages, costs, attorney’s fees incurred by Guest, permitted guests,
visitors or agents, representatives or successors of Guest due to any claims
relating to destruction of property or injury to persons or loss of life sustained by
Guest or family and visitors of Guest in or about the Property and Guest
expressly agrees to save and hold Rental Agent harmless in all such cases.
Guest hereby waives and releases any claims against Rental Agent, the Property
owner and their successors, assigns, employees or representatives, officially or
otherwise, for any injuries or death that may be sustained by Guest on or near or
adjacent to the Property, including any common facilities, activities, amenities, bodies of water, or alike. Guest agrees to use any such facilities or amenities entirely at the Guest’s own initiative, risk and responsibility.
ENTRY AND INSPECTION
Rental Agent reserves the right to enter the Property at reasonable times and
with reasonable advance notice for the purposes of inspecting the Property or
showing the Property to prospective purchasers, renters or other authorized
persons. If Rental Agent has a reasonable belief that there is imminent danger to
any person or property, Rental Agent may enter the Property without advance
ADDITIONAL TERMS TO THE RENTAL AGREEMENT
In addition to the standard terms included herein, Guest acknowledges and
agrees that the following additional terms and conditions apply to the Guest’s
rental of the Property:
The following are the standard House Rules for all Guests:
1. Smoking is NOT allowed in our home, smoking is allowed outside, but butts are to be contained and removed from premises, or cleaning fees will be deducted from the security deposit.
2. People other than those in the Guest party set forth above may not stay overnight in the property. Any other person in the property is the sole responsibility of Guest.
3. The house is privately owned; the owners are not responsible for any accidents, injuries or illness that occurs while on the premises or its adjacent property. The Homeowners are not responsible for the loss of personal belongings or valuables of the guest. By accepting this reservation, it is agreed that all guests are expressly assuming the risk of any harm arising from their use of the premises or others whom they invite to use the premise.
4. Keep the property and all furnishings in good order, do not move furniture, damage furniture, or deface furniture, or you shall be responsible for the cost charge to move furniture back, repair or replacement of furniture.
5. Only use appliances for their intended uses.
6. Pets are allowed only if a pet fee of $ (Phone number hidden by Airbnb) is made. If there is a pet on the property, the guests are ultimately responsible for picking up after their pets and removing any feces and/or repairing any damage caused by their pet. Care should be taken to ensure that pets do not lay on beds or furniture, as it could cause fleas, dirt, and unnecessary wear and tear on furniture. It is recommended to bring a pet bed for them to sleep in.
7. Housekeeping: There is no daily housekeeping service. While linens and bath towels are included in the unit, daily maid service is not included in the rental rate. We do not permit towels or linens to be taken from the home. Guests are to pick up after themselves, the caretaker/cleaner is responsible for sanitizing, dusting, and cleaning. They will charge extra for excessive filth, garbage, damage, feces, excessive dog hair, and other cleaning required for a house that is left unsanitary. Please be thoughtful when cleaning the home and abide by the check out policy. Do not leave the cleaner with bio-hazard situations like blood, throw-up, urine, or feces. This is not only unsanitary, but completely not acceptable for the cleaners to handle any type of bio-hazard, period.
8. Fireplace: There is a wood burning (Our Private Paradise) electric fireplaces (Our Dare Dream and Between the Sound and Sea), and a gas fireplace (Our Private Wooded Cabin) Guest are to use caution with all fireplaces and use them as intended. Guest will be responsible for any damage to the fireplace itself and will be held responsible for damage caused by not doing such, to include, but not limited to fires, electrical malfunction, and leaving said fireplace unattended.
9. Water and Plumbing: Our Dare Dream, Our Private Paradise, and Our Private Wooded Cabin are all on a septic system. Between the Sound and Sea is not septic system, it is on a system used only for Kinnakeet Shores.
DO NOT FLUSH anything other than toilet paper down the toilet. Please ensure all of your guests, including children do not flush anything else down the toilets. If it is found that objects such as toys are flushed, the guest WILL BE responsible for fees associated with a plumber to remove the item. No feminine products should be flushed at any time. If it is found that feminine products or any other foreign matter is flushed and clog the septic system, you could be charged damages if this occurs $ (Phone number hidden by Airbnb) . Washing Machine and Dryer: When washing and drying, sand must be shaken from the garments outside before washing. Washing garments or clothing with excessive sand may cause damage not only to the washer and dryer but can cause plumbing and sewage problems as well.
11. Owner Closet: Owner’s locked closets are not included in the rental of the property and are not to be accessed by guests at any time.
12. Spas and Pool (only North Carolina Homes): We do have a contract with a local Hot Tub company to maintain hot tub cleanness and health. The Kinnakeet Pool and/or Koru Club Pool opening/closing schedules are subject to change without notice or refund. This unit does come with a hot tub and pool access, Tenant releases Agent and Owner from all liability for any injuries or death resulting from Tenant or Tenant’s guests’ use of the pool. Pool and/or hot tub may not be ready at check-in time. Agent does not have or assume any responsibility for supervising the existence, frequency, or adequacy of pool and/or hot tub maintenance. Inadequately maintained hot tubs and pools can cause viral or bacterial illnesses that could be life threatening under various circumstances. Agent does not inspect or test the pools and hot tubs for the presence of health threatening organisms. When Tenant and guests use a pool or hot tub, they assume the risk of illness from an improperly maintained pool or hot tub. Tenant releases Agent from any liability for injury or damages resulting from the use of an improperly or inadequately maintained pool or hot tub. No alcohol, pets, or urinating in pools or hot tubs. If the hot tub is damaged or requires additional cleaning due being used guests improper use (alcohol, sand, dirt, feces just examples) the guest will be charged the cost to clean or repair the hot tub. Children under 12 are NOT permitted in hot tubs. PROPER SUPERVISION IS REQUIRED AT ALL TIMES.
If there is a storm or hurricane, no refunds will be given unless:
• The day that the authorities order a mandatory evacuation order in a "Hurricane Warning," area, we will refund:
Any unused portion of rent from a guest currently registered;
Any unused portion of rent from a guest that is scheduled to arrive, and wants to shorten the stay, to come in after the Hurricane Warning is lifted; and
Any advance rents collected or deposited for a reservation that is scheduled to arrive during the "Hurricane Warning" period.
This Agreement contains the entire agreement between the parties with regard to
the rental of the Property, and any changes, amendments, or modifications hereof
shall be void unless the same are in writing and signed by both the Guest and
the Rental Agent. This Agreement shall be governed by the laws of the
The words “Rental Agent” and “Guest” shall include their respective heirs, successors, representatives. The waiver or failure to enforce any breach or provision of this Agreement shall not be considered a waiver of that or any other provision in any subsequent breach thereof. If any provision herein is held invalid, the remainder of the Agreement shall not be affected. Any notice required to be given under this Agreement shall be in writing and sent to the contact information included herein
For North Carolina vacation rentals only:
"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."
1. Check out is promptly at 11:00 AM so that we can clean and prepare for the next guest to arrive, If you would like to check out late, there will be a $25.00 charge, and you would need prior approval to check out late.
2. Please strip all used beds (please LEAVE ALL THE mattress pads, comforters and pillows on the beds and put all of the used/dirty linen in the laundry bags provided in each room.
3. If there is anything that is extremely wet, including towels, and or linens, please hang securely outside so that the items don't get mildewed or ruined.
4. YOU MUST clean out the fridge and remove all items that you have brought. You are welcome to leave none perishable items if you like for future guests in the pantry or the cabinet to the right of the stove.
5. ALL TRASH MUST be disposed of the large trash cans under the house, the cans should be moved to the street when departing.
6. ALL DISHES MUST BE WASHED and the dishwasher must be filled, and run prior to checkout, the caretaker will put them away when she cleans the house. Also, if you use other appliances, like the George Forman Inside/Outside Grill, Crock Pot or like items, please clean them, don't leave them dirty, that's just gross!
7. Please start a large load of towels and wash clothes for the cleaning crew. This will help in expediting the cleaning process, as towels do take a very long time to dry usually.
We ask that you are gentle with our home, it furnishings, and surroundings.
Part of the deposit may be used to replace items that are broken during your stay, including, but not limited to lamps, blinds, furniture, appliances, bedding, floors, towels, equipment, and accessories.
Part of the deposit may also be kept if there is excessive trash, bottles, dishes left dirty in the sink, furniture and furnishing moved or scattered or repositioned (someone has to move them all back where they belong, and wash the dishes), dirt, grime, animal waste, cigarette butts, and any other negligent acts that cause the caretaker to take more than the 2-3 hours of cleaning time normally allotted.
No smokingNo parties or eventsCheck-in is anytime after 5:00 PM