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Spectrum will automatically charge the credit card on file for the payment(s) listed above on their scheduled dates. If you are paying by check, please be sure to let our office know.
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 ICLUDE UNIQUE PROVISIONS PERMITTING THE DISBURSEMENT OF RENT PRIOR TO TENANCY AND EXPEDITED EVICTION OF TENANTS. YOUR SIGNATURE ON THIS AGREEMENT, IS EVIDENCE OF YOUR POSSESSION OF THE PROPERTY AFTER RECEIPT OF THE AGREEMENT, IS EVIDENCE OF YOUR ACCEPTANCE OF THE AGREEMENT AND YOUR INTENT TO USE THIS PROPERTY AS A VACATION RENTAL.
In consideration of the advance rent payment received and the mutual promises herein, the owner of the subject property, through Spectrum Investment Group, Inc., hereinafter, referred to as Spectrum, the agent, does hereby lease and rent to tenant the certain property described within according to the following terms and conditions:
METHODS OF PAYMENT(S): We accept checks and credit cards (Visa, MasterCard & Discover). There will be a $50 handling fee for all returned checks. If you are mailing a check please send to the following address: 3716 Arendell Street, Morehead City, NC 28557.
First payment; 50% of overall payment at the time the reservation is made. If your check-in date is less than 30 days from the check in date, full payment is required.
The balance is due 30 days prior to your arrival date. This payment will automatically be drafted from the card we have on file. IF the card on file changes prior to the last payment, it is the guest’s responsibility to provide us with a new card. Failure to do so could result in a late fee of $50.00.
Note: If you declined Travel Insurance coverage at booking, you may add coverage up until your Final Payment is made. Once you have made your Final Payment, you may no longer purchase coverage.
CANCELLATION TERMS: Should Tenant have to cancel for any reason, please notify Agent immediately in writing (email email@example.com) Cancelled reservations are placed back on the rental market to be re-rented. If your cancelled reservation is booked for multiple weeks or a monthly stay, that time frame may be made available to rent as a shorter stay option to other guests.
1. If the property is re-rented for the specified period, monies will be refunded less a $250.00 cancellation fee, reservation fee, any discounts/expenses required to re-rent and the Travel Insurance Premium. Under the cancel/re-rent program all money paid will be forfeited unless the property is re-rented for the entire cancelled period and for the original rental amount.
2. If re-rented for the original rental amount, all monies paid will be refunded less the cancellation fee of $250.00, reservation fee and travel insurance premium.
If re-rented at a lower rental amount, your refund will be decreased by the difference between the original rental amount and the lower rental amount, as well as the $250 cancellation fee, reservation fee and any travel insurance premium.
3. Should Tenant require or request to be moved to a different date at the same property, the Tenant will be charged a $100.00 non-refundable fee.
4. You will be notified of the re-rent status and any refund due to you via email once the property re-rents or the departure date has passed. Should the property not re-rent, you may choose to reinstate and use your reservation any time up to the departure date subject to availability. Agent reserves the right to book reservation for less than the contracted length. The reservation would need to be paid in full before arrival. If you wish to reinstate, email firstname.lastname@example.org with that request. If you purchased travel insurance, you can contact RedSky Travel to make a claim. Red Sky Travel Insurance 1-866-889-7409 www.SunTripPreserver.com. Agent reserves the right to automatically cancel reservation if payment is not received in full 30 days prior to the arrival date. Failure to cancel in writing will result in charging the final payment to the Tenant’s credit card.
c. Please note that no cancellations will be allowed due to inclement weather.
TRAVEL INSURANCE: Travel insurance is available on every reservation, but it is optional. We strongly recommend it to cover your investment should you have to cancel your reservation plans, but please note the coverage is limited. If you choose to decline travel insurance initial were indicated on the Agreement but remember refunds will not be given in the event of unforeseen cancellations unless the property is re-rented. This includes hurricane evacuations. To purchase this plan and qualify for the pre-existing conditions Exclusion Waiver, you must purchase this plan prior to or with your final payment. For more information, visit the Red Sky Travel Insurance website by going to www.redskyinsurance.com and click on the Trip Preserver link.
EVACUATIONS: Per N.C.G.S. 42A-36; A vacation rental tenant who is occupying or plans to occupy a vacation rental property located in an area in which a mandatory evacuation has been ordered must evacuate and refrain from occupying the vacation rental property until the mandatory evacuation is lifted. Under such conditions, evacuation by all persons is required; it is not optional. Agent reserves the right to prepare property during your occupancy for impending danger at their discretion to include but not limited to installation of storm shutters and securing all outdoor items. Travel Insurance does not provide coverage for voluntary evacuations, storm warnings or watches.
Check in/ Check out: Most properties have keyless entry keypads. Check in time will begin at 4:00 pm. If the property is deemed ready early, Spectrum Rental Properties will notify you via text/email. Check out time will be at 10:00 am. Code provided to you at check in will expire at 10:00 am. If you plan to leave early, we ask that you notify us of this check out time. This will help in our cleaning process. No occupancy of the property, including driveways, parking areas, decks, pools, or outside showers will be allowed after check-out and prior to check-in. If you are to enter the property before we have notified you that your property is ready, please be advised that there will be a $50 charge. Any guests leaving after 10:00 am check out time that has not been approved by our office in writing is subject to a $50 fee.
DAMAGE TO THE PROPERTY: Experience tells us accidents can and will happen while you are on vacation. Tenant is responsible for reporting any property damage to the Agent within 24 hours of your arrival. While Spectrum does not require a security deposit, for any stays less than 30 days Tenant is still responsible, damages will be automatically billed to the credit card on file, and will not be released from liability for damage due to the following but not limited to:
PARKING: Parking is limited at most properties. Most condo complexes allow parking for two vehicles per rental unit and may require you to check in at an on-site office. Some condominium complexes require parking passes that will be issued at check-in. Cottage parking is limited to the driveway area only (parking on grass is never allowed unless specified by the owner). No motor homes or campers are allowed on the property.
Occupancy: Your vacation property should not be used or occupied by more than the maximum number of occupants, as stated above on this contract. (Includes family, children, and guests). Spectrum reserves the right to refuse or terminate occupancy, in accordance with Article 4 of the NC Vacation Rental Act, if in our judgment, it would prove detrimental to the premises.NO GROUPS allowed unless approved by Spectrum.
ACCOMMODATIONS & FURNISHINGS: All rental properties managed by Agent are privately owned and furnished by each Owner according to their taste. Kitchens come stocked with adequate cookware and dinnerware. Beds have mattress pads, bedspreads, and pillows. Please note, no beach equipment or beach towels are provided unless otherwise noted.
For beach equipment, please visit: https://www.beachbutlerrentals.com/, https://www.islandessentials.com/, https://www.babyquip.com/ No refunds will be made for items missing or inadequacies, but every effort will be made to replace missing or broken items or to repair any damage.
PET POLICY: Unauthorized pets are NOT permitted in ANY Spectrum property at ANY time (no visiting pets). Some of our properties do allow pets with non-refundable pet fees paid at the time of booking. If a pet fee is not indicated above under the charges on this agreement and is not paid, pets are considered “unauthorized” regardless of property pet policy. Any violation is a non-negotiable breach of agreement with grounds for expedited eviction in accordance with the NC Vacation Rental Act and payment of $750 non-refundable pet fee FINE. Please refer to your reservation on pet fee charges.
CONDITION OF PROPERTY: Agent makes every effort to provide accurate information about the rental property. Please remember that you are making an agreement with the Agent for individually owned property. Upon arrival, please notify us immediately after your arrival if you do not find the property clean so that we can remedy any matters, however, absolutely no refunds will be made. Agent will make every effort to satisfy the requirements of each Tenant. If we have not heard from you within one hour of check-in, we will assume that you are satisfied with the cleanliness of the home. If you check in after hours, please call before 10 am on the following morning to report cleanliness issues. Each Tenant has certain rights entitling them to a fit and habitable property as described in N.C.G.S. 42A-17(b).
SPECTRUM’S CLEAN HOME GURANTEE: If you check into one of our properties, and it has not been cleaned or maintained to reflect our high standards, please contact us immediately so that we can send a member of our housekeeping team to return for a touch up clean at no cost. If your clean issues are not rectified by 11:30am the day after your arrival, we will refund your cleaning fee. Please be advised that a refund will NOT be issued if Spectrum Properties is not notified of clean issues by 9:00AM after the day of your arrival and if we are not given the opportunity to address the issue(s) during your stay. Click this link (Housekeeping Standards) to view our housekeeping standards for all rental properties.
REPAIRS & SERVICE CALLS: Please notify Agent immediately if damages are noticed or a repair is in order. Repairs are prioritized, and some items may take longer to address. All efforts will be made to expedite needed repairs, but NO REFUNDS will be made for mechanical failures of air conditioning, elevator, appliances/electronics, or interruption/loss of utilities (including cable TV/Internet) or Homeowner Association advertised amenities such as, but not limited to, indoor/outdoor pools/spa, fitness center, or tennis courts. Authorized repairmen have the legal right to enter the property as required to accomplish needed repairs even if the service call was made prior to your arrival. There will be a $50.00 fee for providing entry to guests that lock themselves out of their vacation home during non-business hours.
RIGHT OF ENTRY: You agree that Agent may enter the Premises during reasonable hours to inspect the Premises, to make such repairs, alterations, or improvements thereto as Agent may deem appropriate, or to show Premises to prospective purchases or tenants.
INSECTS AND OTHER CREATURES: Our homes are cleaned and disinfected to the highest degree, and we strive, to the extent possible, to keep our homes free of insects and other pests. That effort notwithstanding, Palmetto Bugs or Water Bugs are now an inescapable and naturally occurring phenomenon in our state and will occasionally appear inside of the homes. Although these insects are completely harmless, and while our cleaning crew removes them (if present) prior to each stay, unfortunately, these species cannot be exterminated. Additionally, ants occasionally and unpredictably migrate into homes in search of water. There is no cause for alarm; just let us know and we can address the situation. Vacuums are provided for your use during your stay if you find the presence of these insects uncomfortable. Although Spectrum and its owners are proactive in taking measures to avoid such intrusions, no system is perfect. If one of these unanticipated guests arrive during your stay, please notify Spectrum and we will take appropriate steps to rectify the situation. The appearance in the home of these insect and creatures has nothing to do with the home’s “cleanliness” and, accordingly, neither Spectrum nor the owners may be held responsible– nor any refunds given– if they appear during your stay.
ARTICLES LEFT BEHIND: Spectrum will not be held responsible for items left behind. If items left behind are retrieved successfully, Spectrum will deliver item to a postal facility for packaging and shipment to renter, and renter will be charged for the entire amount of shipping plus an additional $50 handling fee.
POOLS, HOT TUBS, BOATS, GOLF CARTS, & ELEVATORS: If the Property is equipped with a community or private golf cart, boat, pool, hot tub, or elevator, Tenant hereby accepts and agrees to the following:
DEPARTURE DUTIES: Tenant must leave property in an orderly condition as indicated in the following list: which includes all dishes washed and put away, all food removed from refrigerator, all trash removed from home, and outdoor grills cleaned. Failure to abide by this provision will result in extra cleaning charges charged to Tenant. Tenant must remove all linens from beds, and put them in the provided duffel bag, and leave them by main entrance. Duffel bag can be found in the main laundry area. IF you are unable to find the duffel bag, please pile linens together and place them near main entrance. Please leave comforters, shams, and mattress pads on beds. LEAVE MATTRESS PADS, COMFORTERS, BLANKETS, AND DECORATIVE ACCESSORIES, SUCH AS SHAMS, ON THE BEDS.
LIMITATIONS OF REMEDIES, DAMAGES, AND INDEMNITY: If, at the time renter is to begin occupancy of the property, Spectrum or owner cannot provide the premises in a fit and habitable condition, or occupancy is unavailable for any reason, Spectrum will make all efforts to substitute a reasonably comparable property for occupancy. In the event Spectrum is unable to do so, renter’s exclusive remedy shall be a refund to renter of all payments made. Renter expressly acknowledges that in no event shall Spectrum or owner be held liable for consequential or secondary damages, including but not limited to, any expenses incurred because of travel, costs of re-renting, etc. Renter agrees to release, to indemnify and to hold harmless the owner and Spectrum from and against any and all liability for injury to the person or the renter or to any member of his household resulting from any cause whatsoever, except only such a personal injury caused by the negligence or intentional act of the owner or Spectrum. This indemnification includes all costs and expenses, which may accrue to owner or Spectrum including reasonable attorney’s fees.
RECREATIONAL AMENITIES AT PROPERTIES: You and your guest(s), acknowledge that the use of any recreational amenities (supplied by property owners) such as but not limited to golf carts, kayaks, bikes, fishing items, etc. is “At Your Own Risk.” By entering this rental contract, you agree to relieve and hold harmless the Owner and Spectrum Properties for all debts which may occur from accidents involving any recreational amenities provided. Spectrum Properties and the Owner are not liable for any damages or bodily harm incurred with any guests’ use of recreational amenities. You understand that there is NO insurance of ANY type on these recreational amenities. You also agree you are responsible to pay for any damages done to these recreational amenities during your stay.
TAXES: Should any government agency, local, county, state, or federal, change or add a new tax prior to occupancy and required to be collected by Agent, guest will be required to pay prior to occupancy.
DISPUTES: This Agreement shall be governed by and interpreted in accordance with the laws of the State Of North Carolina and shall be treated as though it were executed in the County of Carteret, State of North Carolina. Any action relating to this Agreement shall be instituted and prosecuted only in the Carteret County Superior Court, North Carolina. You specifically consent to such jurisdiction and to extraterritorial service of process. You shall be responsible for all legal fees and court costs incurred by Agent and Owner in the enforcement of their rights or Your obligations under this Agreement.
MISCELLANEOUS: You agree and have verified that for purposed of this vacation rental agreement that Your reservation number shall serve as Your unique signature and to be bound by same and in the same manner as if You had otherwise ordinarily executed the document. This Agreement, together with the attachments referenced herein and attached hereto, constitutes the entire agreement between the parties relating to the subject matter hereof, and supersedes all prior written oral negotiations, representations, or agreements. No modifications of this Agreement shall be binding on either party unless it is in writing signed by both parties. Each section, subsection or paragraph of this Agreement shall be deemed severable and if for any reason any portion of this Agreement is unenforceable, invalid or contrary to any existing or future law, such unenforceability or invalidity shall not affect the applicability or validity of any other portion of this Agreement. For all purposes, hereunder, facsimile or electronic signatures shall be deemed to be originals and such signatures shall be given the same effect as would an original signature. By providing your phone number, you agree to receive text messages from our company. Message and data rates may apply. Message frequency varies. THE PARTIES ACKNOWLEDGE THAT THEY HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS, INCLUDING THE CANCELLATION POLICY.