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Vacation Rental Agreement
This Vacation Rental Agreement is under the North Carolina Vacation Rental Act (NCVRA). The rights and obligations of the parties to this agreement are defined by law and include unique provisions permitting the disbursements 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. This entire agreement includes all of the agreement and no representation, inducements or other provisions are contained in this agreement. This agreement is binding. If any party does not understand it, the party should seek legal help. All information in this contract, on www.HobbsRealty.com, in any printed materials, including the Vacation Rental Guide, is deemed reliable but is not guaranteed. All reasonable efforts have been made to ensure that the information is accurate, however, Hobbs Realty cannot be held responsible for errors or omissions. Broker-in-Charge (BIC) owns or has an interest in properties managed by Hobbs Realty Inc. Rates are subject to change at owner discretion. Non-standard amenities are subject to change. Due to high tides and forces of nature, tidal pools may exist in natural settings on the island. Oceanfront properties in close proximity to an ocean inlet are subject to rapid and substantial changes in dune structure and distance to the beach strand.
Trust Account/Handling of Funds and Payment Procedures
All advance payments by Tenant shall be deposited in an interest bearing trust account at First Citizens Bank of 5043 Main Street, Shallotte, NC 28459, with any interest accrued being the property of Hobbs Realty, Inc.
Hobbs Realty, Inc. may receive income from services to tenants, including, but not limited to, cleaning services, telephone services and travel insurance.
There will be a $50.00 fee for all returned checks and credit card declines. Returned checks will not be re-deposited, nor will declined credit cards be charged a second time, payment is due within 2 days by certified funds or cash to avoid cancellation of reservation without notification.
On Check-in Day, any balance due must be paid by certified funds, cash, Visa, MasterCard or Debit card before occupancy of the premises. No Personal Checks will be accepted.
Only MasterCard, Visa and Debit cards are accepted for Last Minute Reservations and Internet Reservations.
Tax rates in effect at the time of the printing of this agreement. Tenants are responsible for paying the tax rates in effect at the time the occupancy begins.
Tenant authorizes Agent to disburse up to 50% of the Total Rent to the owner (or as the owner directs) prior to tenant’s occupancy of the premises, and the balance of the rent upon the start of the tenancy, as permitted under the Vacation Rental Act. Agent may also disburse any fees owed third parties for goods or services for the benefit of the Tenant, including but not limited to any fees set forth herein payable to Agent for processing fees, transfer or cancellation of Tenant’s rental. (See CANCELLATION POLICY for further information.)
Rates and figures herein are subject to correction due to human or computer error.
Check-In is between 4-6 PM. Hobbs Realty will diligently work to ensure that all properties are clean and ready for occupancy by 4:00 PM. However, in certain situations, it may be necessary to delay occupancy until the property is ready. There are no refunds for late occupancy. Please do not go to the property before checking in at Hobbs Realty. Parking at the property prior to check-in may delay cleaning and inspection services and prolong your check-in. A limited number of early 1:00 PM check-ins will be offered to those guests with special arrival needs. The cost to guarantee a 1:00 PM check-in is $50.00 plus tax. Please call our reservation staff for more information regarding our early check-in policy. Two keys are provided per rental unit upon check-in.
Mandatory Evacuation/Travel Insurance
Hobbs Realty is pleased to offer CSA Travel Insurance to protect your vacation investment in case of an emergency. Travel Insurance is made available only at the time of your initial reservation and must be paid for with the first half deposit as accepted or declined within 10 days after initial reservation by initialing this agreement on the 1st page and returning it within 10 days as requested. If state or local authorities order a mandatory evacuation of Holden Beach or the area where the premises are located, no refund of any monies paid will be made to Tenant, nor will a stay be allowed at a later date, due to a hurricane evacuation or other natural catastrophe, or the unavailability of Travel Insurance due to the current existence of named storm at the time a reservation is made. Also, no refund will be made for the period of time the island may be closed following an evacuation due to hurricane or other natural disaster. Hobbs Realty strongly recommends Travel Insurance.
By declining the Security Deposit Insurance (SDI), you are agreeing to pay a Security Deposit in the amount of 10% of the gross rental rate, with a minimum of $300. This amount may not be included in the total above charges, but is due and included in the final balance.
A Security Deposit is required on ALL rental properties. Individual owners reserve the right to charge a security deposit and not allow guests to opt for SDI. Hobbs Realty offers a Security Deposit Insurance (SDI). Hobbs Realty understands that Guests do not intentionally set out to damage or break things in the vacation home they rent; but accidents happen. Opting for SDI does not release the Guest from liability for damage due to the following:
SDI includes Guest and all members of Guest’s party and guests thereof. All damages must be reported to Hobbs Realty before checkout. This alternative is not available for tenancies of 30 consecutive days or more or large groups such as weddings, reunions, corporate retreats, or in some rental homes, etc. Guests in this category, when approved, will be required to pay a refundable security deposit.
SDI includes Guest and all members of Guest’s party and guests thereof. All damages must be reported to Hobbs Realty before checkout. This alternative is not available for tenancies of 30 consecutive days or more or large groups such as weddings, reunions, corporate retreats, or in some rental homes, etc. Guests in this category, when approved, will be required to pay a refundable security deposit. As part of your stay you may purchase a Vacation Rental Damage plan designed to cover unintentional damages to the rental unit interior that occur during your stay. If purchased, the policy will pay a maximum benefit of $3,000. Any damages that exceed [Policy Limit] 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 lesser of the cost of repairs or the Actual Cash Value of the property, up to $3,000. Certain terms and conditions apply. Full details of the Vacation Rental Damage coverage are contained in the Certificate of Insurance or Insurance Policy (www.vacationrentalinsurance.com/vacationrentaldamage). 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 Hobbs Realty, Inc. any amount payable under the terms and conditions of the Vacation Rental Damage. Please contact Hobbs Realty Inc. directly if you do not wish to participate in this plan or assignment.
Departure Cleaning is included with your rental of the home; however, the Guest is responsible for the following items prior to departure:
Homes for Sale
If the home you are renting is for sale, Hobbs Realty, Inc. reserves the right to show the property to potential Buyers during your stay. We will make every effort to schedule the showing at a convenient time.
Hobbs Realty strongly urges each guest to consider taking the optional Travel Insurance offered. Cancellation of a reservation is required by guest of record in writing by mail, email or fax. If the property is re-rented for the full period of the cancelled reservation and confirmed with a paid deposit, a refund to tenant will be issued, less fees and a 10% cancellation fee of rent paid (minimum $100.00). Processing Fee, Insurance Premiums and all elected fees are non-refundable. If property is not re-rented for the full time period of the cancelled reservation, all monies paid will be forfeited due to the availability of Travel Insurance. Hobbs Realty will not make any refunds due to a mandatory evacuation of the island due to a hurricane, etc. Hobbs Realty reserves the right to cancel overdue payment reservations without notification. A late payment fee will be assessed on all accounts that have not been paid in full 30 days in advance of arrival.
Amenity and Appliance Operation and Services
No refunds will be provided due to inoperable appliances, pools, hot tubs, elevators, etc. in Rental Property although Hobbs Realty will make every reasonable effort to assure that such appliances will be and remain in good working order. Also, no refunds will be given due to power blackouts, water shortage, flooding, construction at adjacent properties, or mandatory evacuation of the area by Brunswick County officials due to hurricanes or other potentially dangerous situations. Guest hereby acknowledges and grants specific permission to Hobbs Realty to enter premises at any time for inspection purposes should Hobbs Realty reasonably believe that Guest is causing or has caused any damage to the rental property. Guest further agrees to grant Hobbs Realty and assigned contractors access to rental property for purposes of maintenance and repair.
If a hot tub or pool is provided at the Rental Property, it will be prepared and tested for proper and safe chemical levels by a Certified Pool and Spa Operator, prior to or on the day of occupancy. If any of the following conditions exist at any time during your occupancy, call Hobbs Realty immediately and discontinue use until the Pool/Spa contractor has serviced the tub or pool and notified Guest it is safe for use: a) Water clarity is milky or bottom of tub/pool is not visible; b) Foam forms on surface when using jets; c) Misuse of tub/pool by spilling foreign substances (a Service Call Charge applies in this instance). Under no circumstances are pets allowed in pools or hot tubs. Violation of this provision shall be grounds for expedited eviction. Unless noted specifically in the Hobbs Realty brochure or website, pools do not include free heat. Heat may be available at an additional expense for some pools.
All units are individually owned and furnished according to the owner’s preference with each consisting of the standard appliances of range, refrigerator, cookware and dinnerware. Some rental properties have provided bed linens; please review the Property Description on page 1 of this Agreement to determine whether the bed linens have been provided or if the Guest will be responsible for bed linens. Bed linens may be rented locally if the home does not provide them.
There will be NO REFUNDS due to any breakdown of appliances, A/C systems, TVs, VCRs, phone or other electronic equipment. Please report any problems and Hobbs Realty will contact a repair service technician immediately. Your patience will be appreciated as our area has limited repair service contractors. NO REFUNDS allowed due to any loss of utility services. Please contact Hobbs and we will report the outage to the proper utility company. Tenant is required to report in writing to Agent the need of replacement or repairs to a smoke detector and agrees to replace batteries as needed during tenancy (batteries will be provided by Hobbs Realty). Please test smoke detectors on arrival. Due to the tropical environment of Holden Beach, there will be NO REFUNDS for pest control issues.Many properties contain a Guest Book provided by the owner for tenants to share their vacation experiences. Maintenance issues and/or needed repairs are not to be reported in the guest book. Hobbs Realty assumes no responsibility for property maintenance issues written in a guest book. All maintenance problems should be reported directly to Hobbs Realty.
Agent agrees to provide the premises in a fit and habitable condition. If at the time Tenant is to begin occupancy the Agent cannot provide the premises in a fit and habitable condition, or substitute a reasonable comparable property in such condition, Agent shall refund to Tenant all payments made by Tenant. 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.
Tenant agrees to keep the premises as clean and safe as the conditions of the premises permit and herby agrees to permit no unsafe or unsanitary conditions on the property. Tenant agrees not to use the premises for any activity or purpose that violates any criminal law or governmental regulation. Any breach of any duty contained in this paragraph shall be considered material, and shall result in the termination of Tenant’s tenancy.
Absolutely No Pets
Unless otherwise specifically permitted in this Agreement. No pets shall be allowed on the premises. Tenant’s breach of this provision is considered material and shall result in the termination of Tenant’s occupancy and a non-refundable $250.00 fine will be charged. A non-refundable penalty of $250.00 will be levied for all un-disclosed pets.
Number of Occupants
Overcrowding will not be permitted. Extra bedding is for the convenience of the owner and not for additional guests. Hobbs Realty, Inc. does not discriminate on the basis of race, religion, ethnic background or national origin, sex, age or mental or physical disability. Hobbs Realty, Inc. will not rent property to anyone under the age of 24, nor will Hobbs Realty, Inc. permit anyone under the age of 24 to take possession of any rental premises without the physical presence of a responsible party who is at least 24 years of age. Hobbs Realty, Inc. will rent to non-family groups (persons who are not related by blood or marriage) only if group obtains approval from Hobbs Realty, Inc. prior to taking possession and adequate adult supervision is maintained at all times. No House Parties are permitted at any time. Hobbs Realty, Inc. reserves the right to terminate the rental, without refund, if any renter or occupant violates any of these criteria.
Outdoor grills are not to be operated on porches or decks, underneath homes or within 10 feet of rental property due to fire hazards.
No parking on Ocean Boulevard allowed. The street right-of-way is 15 feet from the edge of the street. On site parking is limited on many properties, so please limit the number of vehicles to one per bedroom to avoid parking difficulties.
Tenant agrees to indemnify and hold harmless Agent and owner from and against any liability of 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 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 hereto as Agent or owner may deem appropriate, or to show the premises to prospective buyers or tenants. Tenant shall not assign this Agreement or sublet premises in whole or part without written permission of Agent.
No hook-up or use of any camper, bus, van, motor home or tent in conjunction with any rental property allowed. Motor Homes parked on the property must be pre-approved by Hobbs Realty and will be permitted only if space permits in accordance with the parking regulations of Holden Beach.
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: 1) holds over in possession after Tenant’s tenancy has expired; 2) commits a material breach of any provision of this Agreement that according to its terms would result in the termination of Tenant’s tenancy; 3) fails to pay rent as required by this Agreement; or 4) has obtained possession of the premises by fraud or misrepresentation.
Transfer of Property by Owner
If the owner voluntarily transfers the premises, tenant has the right to enforce this Agreement against the buyer if tenant’s occupancy is to end 180 days or less after the buyer’s interest is recorded. If tenant’s occupancy is to end more that 180 days after recordation, tenant has no right to enforce the terms of this Agreement unless buyer agrees in writing. If buyer does not honor this Agreement, tenant is entitled to a refund of all advance rent paid and any fees owed to third parties not already lawfully disbursed. Within 10 days after the sale of the premises, the buyer or buyer’s agent is required to: 1) Notify the tenant in writing of the sale of the premises, provide the buyer’s name and address and date buyer’s interest was recorded. 2) Advise tenant if they have a right to occupy the premises subject to the terms of this Agreement or receive a refund on any payments made by tenant.
Upon termination of the owner’s interest in the premises, voluntary or involuntary, Hobbs Realty will transfer all advance rent paid by tenant and all other fees not lawfully disbursed to the property owner’s successor-in-interest within 30 days and notify the tenant of such transfer and new owner’s name and address. However, if the vacation rental is to end more than 180 days after recording and the buyer will not honor the vacation rental agreement, all advance rent paid by the tenant, and any fees not lawfully disbursed, will be refunded to tenant within 30 days.
If the owner’s interest in the premises is involuntarily transferred prior to tenant’s occupancy, the owner shall refund to the tenant any payments made within 60 days after the transfer.
Forum Selection Clause
This agreement shall be governed by and interpreted in accordance with laws of the State of North Carolina.
This agreement shall be treated as though it were executed in the County of Brunswick, State of North Carolina, and were to have been performed in the County of Brunswick, State of North Carolina. Any action relating to the agreement shall only be instituted and prosecuted in courts in Brunswick County, North Carolina. Lessee/Tenant specifically consents to such jurisdiction and to extraterritorial service of process.
Transfers and Termination of Rental
If your vacation home becomes unavailable for any reason, Hobbs Realty reserves the right to transfer you to another vacation home or to refund your money, less non-refundable insurance payments. We also reserve the right to refund deposits, refuse rental or terminate occupancy if, in our opinion, the occupancy may be detrimental to the property. No refunds will be given if occupancy is terminated as a result of violation of our rental regulations, or if the reservation was obtained under false pretenses. Hobbs Realty may terminate this Agreement upon the breach of any of the terms hereof by Guest. Guest shall not be entitled to the return of any rental paid under the terms of this Agreement and shall vacate the Property immediately.
Guest acknowledges that Owner of Rental Property may be a licensed real estate agent.
Thank you for choosing Hobbs Realty for your vacation accommodations. We look forward to serving you and will do our very best to make your vacation on beautiful Holden Beach an enjoyable experience!