Vacation Lease Agreement
TERMS
ENTIRE AGREEMENT. This Agreement includes all the terms on all pages of this agreement and incorporates the separate USER GUIDE for the Property.
ACKNOWLEDGMENT. By making and accepting final payment and entering and occupying the Property on during the Rental Dates, both Parties hereby understand and accept the terms, conditions and house rules contained in the Entire Agreement.
PETS. Guest is permitted to have no more than 2 dogs and NO CATS. A pet fee of $25 per day is assessed for up to 2 dogs. No additional pets shall be allowed without the prior written consent of Host.
PARKING. The maximum number of cars allowed at the Property at any one time is provided as follows:
Sea Dunes Units: 1 car in Garage, 1-2 cars immediately in front of the unit. Additional parking in front of the clubhouse can be used by obtaining a parking pass from the clubhouse.
Station One Units (Baywatch): No assigned parking but you may have 2 cars on a first-come-first-serve basis.
Coastal Retreat Units (Sunburst): 2 cars front-to-back in assigned parking below the building closest to the
Parking exceeding this limit without prior approval from the host may result in immediate eviction and forfeiture of all amounts paid.
NON-DISTURBANCE CLAUSE. Guest and their guests shall not disturb, annoy, endanger (fireworks) or inconvenience neighbors nor use the premises for any unlawful purposes.
CANCELLATIONS. (a) If the Property becomes unavailable to the Guest prior to occupancy, for any reason, Host agrees to refund the full amount paid to the date of cancellation, net of any fees charged by payment processors, and Guest agrees to release any claims against Host. (b) If, for any reason, the Guest cancels this Agreement more than 2 days from the Arrival Date, Guest will receive a refund of amounts paid, less a $99.00 cancellation fee. (c) For Guest cancellations made 2 days or less (after 11:59 PM on the third day before Guest Arrival Date), all monies are forfeited unless Host is able to re-rent the Property under the same (or better) terms and conditions of this Agreement, for the full Term reserved. If the Property is re-rented under the same (or better) terms and conditions than this Agreement, Host will refund amounts paid, less a Cancellation Fee of $99.00. Failure to pay the Final Payment in a timely manner will be considered a cancellation under this subparagraph and will result in forfeiture of the Reservation deposit.
Cancellations related to the COVID-19 pandemic are dependent on a number of factors including: local restrictions, origin of the guest, when the booking was made, and when local officials or the CDC declare an outbreak in an area. If the cancellation is related to COVID-19, contact the Host.
SMOKING. Smoking is strictly forbidden inside the Property. Smoking is only allowed "outside". Evidence of smoking inside the Property will result in immediate eviction and forfeiture of all amounts paid and will result in additional Cleaning Fee charges to Guest as Excess Damage Cost and will be charged against the credit card on file or Guest's security deposit at Host's election.
COOKING. Guest may cook only in the specific areas set aside by Host for cooking. No open fires are allowed other than in the grill. The grill must remain in open area, away from trees, house, etc. All fires must be thoroughly extinguished before leaving unattended.
HOT TUB. Guest acknowledges, and is fully aware that the hot tub can be dangerous and slippery. Injury can be caused by careless acts. The undersigned Guest and their visitors accepts and assumes all risks involved in or related to the use of the hot tub.
CUMULATIVE RIGHTS. The rights of the parties under this Lease are cumulative, and shall not be construed as exclusive unless otherwise required by law.
INDEMNITY REGARDING USE OF PREMISES. To the extent permitted by law, Guest agrees to indemnify, hold harmless, and defend Host from and against any and all losses, claims, liabilities, and expenses, including reasonable attorney fees, if any, which Host may suffer or incur in connection with Guest's possession, use or misuse of the Premises, except Host's act or negligence.
DANGEROUS MATERIALS. Guest shall not keep or have on the Premises any article or thing of a dangerous, flammable, or explosive character that might substantially increase the danger of fire on the Premises, or that might be considered hazardous by a responsible insurance company, unless the prior written consent of Host is obtained and proof of adequate insurance protection is provided by Guest to Host.
COMPLIANCE WITH REGULATIONS. Guest shall promptly comply with all laws, ordinances, requirements and regulations of the federal, state, county, municipal and other authorities, and the fire insurance underwriters. However, Guest shall not by this provision be required to make alterations to the exterior of the building or alterations of a structural nature.
ASSIGNABILITY/SUBLETTING. Guest may not assign or sublease any interest in the Premises, nor assign, mortgage or pledge this Lease, without the prior written consent of Host, which shall not be unreasonably withheld.
CASUALTY OR DESTRUCTION. (a) Should the Property be destroyed or rendered uninhabitable by an Act of God (including, but not limited to, hurricanes, storms, floods or fires), or by environmental disaster, or loss of utilities prior to occupancy by Guest, this Agreement shall become null and void, and all payments made hereunder shall be refunded to Guest. (b) Should the Property be destroyed or rendered uninhabitable as above during occupancy, reimbursement on a pro-rated basis will be negotiated between Guest and Host based on the following: No refund is due (or will be made) for inclement weather.
GOVERNING LAW. This Lease shall be construed in accordance with the laws of the State of North Carolina.
ENTIRE AGREEMENT/AMENDMENT. This Lease contains the entire agreement of the parties and there are no other promises, conditions, understandings or other agreements, whether oral or written, relating to the subject matter of this Lease. This Lease may be modified or amended in writing, if the writing is signed by the party obligated under the amendment.
SEVERABILITY. If any portion of this Lease shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Lease is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
WAIVER. The failure of either party to enforce any provisions of this Lease shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Lease.
BINDING EFFECT. The provisions of this Lease shall be binding upon and inure to the benefit of both parties and their respective legal representatives, successors and assigns.
CAUSE FOR EVICTION. The Guest and all parties with the Guest will be subject to immediate eviction from the Property if the Guest or parties of the Guest violate any terms of this Agreement, including but not limited to, violation of the occupancy limits, pet provision, smoking, noise ordinance or parking. In the event of eviction from the Property, the Guest shall forfeit all amounts paid and there will be no refund of money.