Terms and Conditions

Terms and Conditions

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 (RENTERS). 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.

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, his agent, does hereby lease and rent to Tenant the certain property described within according to the following terms and conditions:

  1. Payment Options – We accept checks (preferred), credit cards (Visa, MasterCard & Discover), money orders, and cash. (There will be a $25 handling fee for all returned checks).
  2. Tax – The tax rate is 12.75% (6.75% sales tax and 6% occupancy tax). These monies are due in addition to your rental amount. The tax rates may change without notice.
  3. Cancellations – All cancellations must be in writing by fax or letter. If a reservation is cancelled, all monies paid towards the reservation will be held by Spectrum until one of the following occur:
    1. If the property is re-rented for the entire rental period, a refund will be made less 10% of the rental amount, administration fees, taxes, and Travel Insurance premiums (if purchased).
    2. If the property is re-rented for only a portion of the original rental period or at a reduced rate, the only refund due the canceling Renter are those funds in excess of the original rental rate less administration fees, taxes, and Travel Insurance premiums (if purchased).
    3. In the event Renter cancels a reservation for the rented property and said property is not re-rented during the entire term as set forth on the reverse side, then all payments will be forfeited by Renter. The Renter shall not assign this Agreement or sublet the property in whole or part.
  4. Transfer –Once a reservation is confirmed, a transfer from one property to another or one week stay to another within the same property is prohibited – transfers from one property to another would be considered a cancellation of the reservation in the original property. We highly recommend purchase of the offered Travelers Insurance Policy to cover any emergencies that may arise.
  5. Check In – Check in begins at 3:00 PM. If you will be checking in after hours, please call our office for late check in procedures.
  6. Check Out – Check out time is 10:00 AM. All keys, gate cards, parking passes, and pool tags must be returned to our office by 10:00 AM or guest is subject to an additional charge for an amount equal to one full day charge of rental property.
  7. Tenant Obligations
    1. Accommodations – Individually and privately owned, each rental home reflects the tastes of its owner(s). Each is equipped with basic housekeeping items: however, linens, towels, laundry, cleaning or paper products are not furnished. Every effort is made to insure accurate descriptions with no misrepresentation intended. Spectrum will not be responsible for errors in printing, changes made by Owners, or matters out of control, e.g., noise construction, weather, etc. Distances to the beach are approximate. Tenant is not entitled to a refund because of dissatisfaction with the property rented. Complaints regarding accommodations must be submitted in writing to Spectrum prior to check out, for consideration by Landlord. Mobile (RV) sleeping units are not permitted to hookup to utilities of Spectrum rental properties. Neighborhood covenants may prohibit them in driveways or streets. Please be advised that Spectrum Properties cannot be responsible for cable or Wi-Fi outages. We apologize for any inconvenience you experience.
    2. Occupancy – Your vacation property should not be used or occupied by more than the maximum allowable number of occupants including family, children and guests. Occupancy regulations allow only two persons per permitted bedroom within each property. 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.
    3. Rules and Regulations – Tenant agrees to abide by additional Rules and Regulations stipulated by the individual properties in addition to the Terms of this Guest License Agreement.
    4. Vehicles – Most properties have a policy regarding how many vehicles are allowed. Please check with our office before arrival to determine how many vehicles are allowed, and to make arrangements for extra vehicle parking. There is no parking on the lawns, or streets in front of our properties allowed. Spectrum reserves the right to authorize any vehicle violating these rules to be towed at vehicle owner’s expense.
    5. Repairs/Right of Entry/Refunds – Report all inoperative and/or missing equipment to our office immediately. Service must be scheduled and may require the ordering of parts. Problems will be corrected as soon as possible. Priority is given to air conditioners/heaters, refrigeration, plumbing/septic, water or electrical problems. Agent, authorized employee, repairman, or landlord will have right of entry at any time. No refunds will be issued for delays in check-in or early check-out for any reason, damage to Guest’s belongings due to malfunctioning equipment or appliances, mechanical failures of appliances/electronics, interruptions/loss of utilities (including cable), inclement weather including HURRICANES, or other acts of God. In accordance with Article 6 of the NC Vacation Rental Act regarding mandatory evacuations, the tenant is NOT entitled to a refund from the Owner if prior to the tenant taking possession of the property, the tenant refuses insurance offered to him that would have compensated him for losses or damages resulting from loss of use of the property due to a mandatory evacuation order. Each tenant is urged to accept Travel Protection Insurance to cover potential financial losses. Tenant agrees to vacate cottage in the event of a mandatory evacuation as ordered by any regulatory authority. Failure to do so shall be at Tenant’s own peril.
    6. Telephones – Local calls from the property are free. Unauthorized long-distance charges via phone, fax, or computer entail cost of charges plus a $20.00 fee. Guest shall reimburse Agent for said charges within ten days of receipt of a bill for these charges.
    7. Pets – Unauthorized pets are NOT permitted in ANY Spectrum property at ANY time. Some of our properties do allow pets with pet fees. If a pet fee is not indicated on the front of 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.
    8. Personal Property – 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 $20 handling fee.
  8. 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 as a result 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 any and all costs and expenses, which may accrue to Owner or Spectrum including reasonable attorney’s fees.
  9. DISCLOSURES – By their signature, as set forth in the Agreement, Tenant expressly authorizes landlord and/or Spectrum to acknowledge the following:
    1. The provisions of Article 4 of Chapter 42A (“Expedited Eviction Proceedings”) are applicable to this Agreement.
    2. In the event Owner voluntarily or involuntarily transfers the property subject to this Agreement, Agent will advise Tenant of transfer of property in accordance with Section 42A-19 of (a) (b) and (d) of the NC Vacation Rental Act.
    3. Agent may have an ownership interest in some properties.
    4. Agent is paid a commission on the Travel Insurance and may also receive commissions from other vendors.
    5. Agent conducts all brokerage activities in regard to this Agreement without respect to race, color, religion, sex, national origin, handicap or familial status of any Tenant.
  10. Miscellaneous
    1. This Agreement shall not be binding unless and until agent has received one-half of the gross rent and all checks have cleared the bank. Renter acknowledges that they may not have possession of the premises until full rental amount set forth herein has been paid.
    2. Every effort has been made to assure that the information in this Agreement, our Rental Brochure, and our web site is correct. However, Spectrum cannot be held responsible for changes made by Owners, printing errors or technical difficulties with the web site and on-line reservations. Taste, style, and quality of interiors vary and reflect the individual taste of the Owners.
    3. It is understood and agreed that Spectrum occasionally offers additional services to Owner and/or guests for additional fees. Such services may include, but are not limited to, offering trip insurance protection, linen rentals, shopping services, etc. in which Spectrum may receive a commission equal to some percentage for the benefit of Spectrum.
    4. This Agreement shall be treated as though it was executed in the County of Carteret, State of North Carolina, and was to have been performed in the County of Carteret, State of North Carolina. Any action relating to this Agreement shall only be instituted and prosecuted in courts in North Carolina. Renter specifically consents to such jurisdiction and to extraterritorial service of process.