THIS IS A VACATION RENTAL AGREEMENT UNDER THE NORTH CAROLINA VACATION RENTAL ACT, WHICH CAN BE FOUND IN SECTION 42A OF THE NORTH CAROLINA GENERAL STATUTES, AND MANY OF THE TERMS AND CONDITIONS OF THE AGREEMENT ARE GOVERNED BY THOSE STATUTES. 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 AS A VACATION RENTAL.
1. Reservations and Receipt of Rent - Once your reservation is accepted, the rental deposit of 50% is processed immediately and paid to TROPIC LIKE IT’S HOT OAK ISLAND NC LLC, as agent for the owner of the rental property, hereafter referred to as “Owner”. The second and final payment will be due 30 days prior to arrival. An automatic credit card payment for the remaining balance has been scheduled by the Owner to be made 30 days prior to the arrival date. The credit card of the first payment is used if a credit card was provided. If the automatic payment fails for any reason, it is the responsibility of the Tenant to make sure that the remaining balance is promptly paid in full, or the reservation will be canceled with no refund of payment made.
2. Disbursement of Rent and Third-Party Fees – Tenant authorizes TROPIC LIKE IT’S HOT OAK ISLAND NC LLC to distribute up to 50% of the rent to the Owner prior to Tenant’s occupancy of the Premises and to distribute the balance of the rent upon either commencement of the tenancy, a material breach of the agreement by Tenant, or as otherwise permitted under the Vacation Rental Act. Tenant also authorizes TROPIC LIKE IT’S HOT OAK ISLAND NC LLC to disburse, prior to Tenant’s occupancy of the Premises, any fees owed to third parties to pay for any goods, services, or benefits procured by Agent for the benefit of Tenant, including but not limited to any fees set forth herein payable to TROPIC LIKE IT’S HOT OAK ISLAND NC LLC for reservation, transfer or cancellation of Tenant’s tenancy.
3. Bank Account – Any advance payment made by Tenant shall be deposited in a bank account with Wells Fargo Bank in Charlotte, NC. Tenant agrees that any advance payment may be deposited in an interest-bearing trust account and that any interest thereon shall accrue for the benefit of, and shall be paid to, TROPIC LIKE IT’S HOT OAK ISLAND NC LLC.
4. Security Deposit / Accidental Rental Damage Protection
a. Security Deposit – Security deposits are regulated by the North Carolina Real Estate Commission. They are normally refunded within 45 days of the departure date; however certain circumstances may require a longer time frame. Tenant security deposits may be applied to actual damages caused by the tenant as permitted under N.C.G.S. 42-50 to 42-56. At this time there is no security Deposit requirement.
5. Damages
a. Immediately upon arrival, Tenants agree to notify TROPIC LIKE IT’S HOT OAK ISLAND NC LLC of any noticeable damages or conditions requiring repair or maintenance. Tenants agree to be responsible for any damages to the premises during their rental stay. This includes damages to the furnishings and household items that result from the action or inaction of Tenants or their invitees, excluding normal wear and tear. Tenants further agree to reimburse TROPIC LIKE IT’S HOT OAK ISLAND NC LLC for collection costs, if necessary, and reasonable attorney fees.
b. After Tenant's departure, the Property is inspected and inventoried for damages and missing items. North Carolina law allows 30 days from departure date for damages to be assessed and billed or accounted to Tenants. Tenants agree that if they do not report all losses or damages to TROPIC LIKE IT’S HOT OAK ISLAND NC LLC no later than the departure date, all claims under the (ARDI) plan are excluded, and will therefore be the responsibility of Tenants.
c. Tenant is responsible for any intentional damage due to willful negligence of the leased Property, as well as any items missing from the leased Property after Tenant’s departure. Tenant will be notified in writing, and Tenant agrees that charges related to intentional damage caused by willful negligence, or cost of replacement for missing items, can be processed on Tenant's credit card on file provided TROPIC LIKE IT’S HOT OAK ISLAND NC LLC does not receive payment from Tenant within 10 days of notification.
6. Storm Policy/Road Conditions – No refunds will be given for storms. We do not refund due to weather or road conditions. To protect against cancellations caused by unforeseeable events such as illness or bad weather, we encourage all guests to purchase trip cancellation/interruption insurance. This option is available while you are booking your stay. (See Paragraph 7 below).
7. Travel Insurance provided by Travel Protection:
Every year, snowstorms, hurricanes and other unexpected weather events cause travelers to delay, interrupt or even cancel their trips completely. A travel insurance plan can help cover your vacation investment. Specific coverage questions should be directed to Travel Protection ((877) 248-1275 or https://www.travelprotection.i...). The renter acknowledges that he/she has been advised by TROPIC LIKE IT’S HOT OAK ISLAND NC LLC to arrange adequate personal insurance coverage for all members of his/her party to cover all travel, personal risks/injuries and liabilities, and any cancellation. We highly recommend purchase of this coverage for situations from which you may not recover your financial investment due to illness, accident, mandatory evacuations and other insured events. Please note that mandatory evacuations have occurred in the past especially during Hurricane season. Because this insurance is offered while you are booking your reservation through TropicLikeItsHotOakIsland.com, there will be no refund for insurable events if Tenant refused the above-mentioned insurance
8. Cancellations
a. Standard Cancellation Policy - For all other reservations once rent has been paid and accepted by TROPIC LIKE IT’S HOT OAK ISLAND NC LLC, that money is considered non-refundable. If a reservation is canceled the guest will be responsible for any lost rent and other damages if the property is unable to be re-rented for the same period for an equal or greater amount. If the property is so re-rented, then and only then, will a refund be made less a cancellation fee of $100.00. All cancellations must be requested in writing by e-mail or letter. If the property is re-rented for less than the original amount, the Owner remains entitled to the full rent. Any remaining rent after the Owner is paid, less the cancellation fee of $100.00 will be refunded to the tenant. Refunds will be payable to the cancelling tenant within 45 days after the subsequent re-rental. It is recommended that all tenants consider Travel Insurance. (See Paragraph 7 above).
9. Check-In / Check-Out Procedures
a. Check-In - Check-In time is after 3:00 p.m. EST. We reserve the right to delay check-in until 6:00 p.m. for special cleaning and maintenance circumstances.
b. Check-Out – is prior to 10:00 a.m. EST. All guests must be off the property by10:00 a.m. EST. Keys should be returned to the lock box and all doors and windows secured upon leaving the property.
c. Cleaning – Departure cleaning is included with the rental.
i. Guest Responsibility - Guests are responsible for removing all personal items from the property. Return all furnishings to their original position. Wash all dishes and cooking items whether by hand or using the dishwasher. Please be sure to pull the trash containers street side for collection if it’s a collection day (Schedule is posted on refrigerator). Secure all doors and windows. Return keys to the lock box and scramble the code. Trash and garbage should be taken to street containers and not left all over the house; this will leave the house in an unsatisfactory condition and incur extra cleaning service costs. If the house is not left in a satisfactory condition, all expenses incurred will be the responsibility of the tenant. By signing this Agreement, the Guest agrees to pay a secondary cleaning fee of $125 if checkout procedures are not followed as posted in the property and additional cleaning beyond the norm is deemed necessary. By signing this Agreement, TROPIC LIKE IT’S HOT OAK ISLAND NC LLC is authorized to charge this fee to your credit card on file.
10. No Smoking Policy - This is a NON-SMOKING house. We ask that you do not smoke inside the house. Smoking in the house is considered a breach of contract and grounds for expedited eviction. Any costs incurred to remove evidence of cigarettes or cigarette smoke will be the sole responsibly of the tenant, including any loss of future rents. If this regulation is violated and smoking has been detected in the Property, a $250 penalty for cleaning services due to unauthorized smoking will be charged to the credit card on file. By signing this Agreement, TROPIC LIKE IT’S HOT OAK ISLAND NC LLC is authorized to charge this fee to your credit card on file.
11. Pet Policy - Pets are not permitted in the rental house under any condition. If a pet is discovered on the property, it will be considered a material breach of the contract and Tenant will be subjected to expedited eviction. Tenant will be responsible for additional cleaning charges, flea treatment charges, any lost income, as well as any and all expenses related to restoring the property to a satisfactory level as determined by the TROPIC LIKE IT’S HOT OAK ISLAND NC LLC and the credit card on file will be charged for the amount of the repair/recovery. Noncompliance with these conditions could result in the implementation of the expedited eviction procedures pursuant to NCGS 42A-24.
12. Eligibility - We rent to responsible groups only. We reserve the right to rent to tenants age 25 years of age or older. Any tenant under 25 years of age will not be allowed to check in and will be liable for lost rents and other damages if property in not re-rented. No high school or college groups are permitted regardless of age. Any group whose behavior creates a disruption or interferes with their neighbor’s peaceful enjoyment of their property will not be allowed to stay and no refund of rent will be made. Any group misrepresenting themselves will be denied occupancy and no refund of rent will be made.
13. Maximum Occupancy – The maximum number of guest is limited to twelve (13) persons. Campers, motor homes, and tents are not allowed to be occupied or be connected to the rental property. Above ground pools or "kiddie" pools are not allowed at the rental property. Tenants may be charged up to $300.00 for excessive or careless use of water which will be charged to the credit card on file up to 45 days from departure. No explosives or fireworks permitted on any leased property. If state or local authorities order a mandatory evacuation of an area that includes the premises, Tenant shall comply with the order.
14. No Parties are Allowed in the Rental – This includes any use of the rental that causes it to be occupied by more than 12 people. Use of the premises and common areas in such a fashion that disturbs neighbors shall be deemed grounds for eviction and loss of security deposit.
15. Parking – Guests are allowed to park up to 4 vehicles on the property. If more than 4 vehicles are required, tenant will need to contact TROPIC LIKE IT’S HOT OAK ISLAND NC LLC in advance to have the additional vehicles authorized.
16. No Daily Maid Service – Daily maid service is not included in the rental rate. However additional cleaning services (may) be made available at an additional rate.
17. Rate Changes – Prior to a confirmed reservation, rates are subject to change without notice.
18. Maintenance – Tenant is to report any problems to TROPIC LIKE IT’S HOT OAK ISLAND NC LLC or Owner immediately upon discovery or occurrence. Tenant agrees to comply with all obligations imposed by the Vacation Rental Act on Tenant with respect to maintenance of the Premises, including but not limited to keeping the Premises as clean and as safe as the conditions of the Premises permit and causing no unsafe or unsanitary conditions in the common areas and remainder of the Premises that Tenant uses. Tenant agrees not to use the Premises for any activity or purpose that violates any criminal law or Governmental regulation. No house parties are allowed. Tenant’s breach of any duty contained in this paragraph shall be considered material, and shall result in the immediate termination of tenancy without refund. No firearms, explosives or fireworks permitted on the property. If state or local authorities order a mandatory evacuation of an area that includes premises, Tenant shall comply with the order. There will be no refunds of rent or fees due to issues over which TROPIC LIKE IT’S HOT OAK ISLAND NC LLC has no control such as breakdown of appliances, air conditioners, or other conditions so long as they do not render the property unfit and uninhabitable.
19. Smoke Detectors - The North Carolina General Assembly places upon the tenant the duty to notify the rental agent in writing of the need for replacement of or repairs to a smoke detector. Google Nest internet monitored spoke detectors are in use and will provide verbal directions for any detected smoke. Please check that all smoke detectors in the unit are in working condition immediately upon arrival.
20. Deterred Occupancy –Under no circumstances will TROPIC LIKE IT’S HOT OAK ISLAND NC LLC or the Owner be liable for any consequential damage, including but not limited to, any expense incurred as a result of Tenant’s moving or renting another property at additional cost. We will make every effort to make this a most enjoyable vacation. However, no refunds will be given for inclement weather, Mandatory Evacuation, neighboring construction, insects, noise, loss of view, breakdown of appliances, or air conditioners, interruption in television, telephone, or internet services, or for any conditions for which there is coverage in the offered Travel Insurance. If at the time Tenant is to begin occupancy of the Premises TROPIC LIKE IT’S HOT OAK ISLAND NC LLC cannot provide the premises in a fit and habitable condition outside of an event covered by travel insurance offered, TROPIC LIKE IT’S HOT OAK ISLAND NC LLC shall refund to Tenant all payments made by Tenant.
21. Noise, Construction, Insects or Loss of View – TROPIC LIKE IT’S HOT OAK ISLAND NC LLC will not be held responsible for disruptions to the tenant’s enjoyment due to construction projects, traffic, neighboring properties, insects or any other circumstances beyond our control.
• Local weather conditions and our tropical environment means that palmetto bugs (aka water bugs and roaches, despite their differences) and ants are a reality in Oak Island. We understand that bugs are creepy to most everyone so we do our very best to keep the pests away by performing pest control service. An occasional palmetto bug or line of ants in this part of the world is a fact of life and does not mean that the property has been poorly maintained.
• Please keep in mind that regular pest control cannot guarantee that every bug will be kept out of the property. It does serve to keep them from living very long if they do find a way inside. Therefore, finding a dead bug here or there is actually a good thing and means that the pest control treatment is doing its job.
• However, should you experience any issues, we will happily arrange for a pest control service call. Please note that refunds will not be given for Pest Control issues.
During your stay, there are things you can do to help us prevent bugs:
• Store all food in airtight containers
• Clean up crumbs and spills immediately
• Do not leave dirty dishes and utensils in the sink
• Take out trash and recyclables daily
22. Force Majeure - TROPIC LIKE IT’S HOT OAK ISLAND NC LLC cannot be held liable or accountable for tenant or property damages due to forces beyond our control including, but not limited to, electrical surges, electronic device malfunctioning, lightning, flooding, hail, wind, storms, strikes, lock-outs, acts of utility companies or government authorities, or any other matter beyond the reasonable control of TROPIC LIKE IT’S HOT OAK ISLAND NC LLC.
23. Grilling - Use of grills on any wooden deck, porch, balcony or similar structure is strictly prohibited.
24. Accommodations – The house is set up for normal housekeeping including a coffee maker, electric blender, electric hand mixer, and toaster, plenty of pots, pans and utensils for cooking and baking, and cleaning tools. TROPIC LIKE IT’S HOT OAK ISLAND NC LLC or the Owner will not be responsible for providing any additional furnishings or equipment. All beds will have mattress pads, pillows, bedspreads and/or blankets and additional pillows and blankets are stored in each bedroom closet. Bedding is listed only to accommodate flexibility in sleeping arrangement and not to represent occupancy. Cleaning detergents, paper products and personal items are not included and must be furnished by tenant. TROPIC LIKE IT’S HOT OAK ISLAND NC LLC or the Owner is not responsible for any disparity between the property condition and the tenant’s expectations.
25. Telephones – No Telephone service is guaranteed. Guests are encouraged to bring their own cell phone. A land line may be connected in the kitchen and elevator. This should be reserved for emergencies.
26. Internet - Services are offered by the local cable provider, and therefore, places the function beyond the control of either TROPIC LIKE IT’S HOT OAK ISLAND NC LLC or the Owner. No refunds will be offered for any interruption to these services or for any lack of promptness in response time to any interruption in service.
27. Falsified Reservations – Any reservation obtained under false pretense will be subject to forfeiture of advance payment, deposit and/or rental money, and the party will not be permitted to check in.
28. Expedited Eviction - Pursuant to the North Carolina Vacation Rental Act, any tenant who leases residential property subject to a vacation rental agreement for 30 days or less may be evicted and removed from the property in an expedited proceeding brought by the landlord or real estate broker as agent for the landlord, as provided in Article 4 of the North Carolina Vacation Rental Act if the tenant does one of the following: (1) Holds over possession after his or her tenancy has expired. (2) Has committed a material breach of the terms of this vacation rental agreement that according to the terms of this agreement results in termination of his or her tenancy. (3) Fails to pay rent as required by this agreement. (4) Has obtained possession of the property by fraud or misrepresentation. Only the right to possession shall be relevant in an expedited eviction proceeding. All other issues related to the rental of the residential property shall be presented in a separate civil action.
29. Indemnification and Hold Harmless – Tenant agrees to Indemnify and hold harmless TROPIC LIKE IT’S HOT OAK ISLAND NC LLC or the Owner from and against any liability for personal injury, property damage, loss or theft sustained by any person (including Tenant’s guests) as a result of any cause, unless caused by the negligent or willful act of TROPIC LIKE IT’S HOT OAK ISLAND NC LLC or the Owner, or the failure of TROPIC LIKE IT’S HOT OAK ISLAND NC LLC or the Owner to comply with the Vacation Rental Act. Tenant acknowledges waiver of liability including use of special features such as hot tubs, whirlpools, pools, elevators and agrees that use of features by tenant or tenant’s guests is at their own risk.
30. Assignment - Tenant shall not assign this Agreement or sublet the Premises in whole or part without written permission of TROPIC LIKE IT’S HOT OAK ISLAND NC LLC or the Owner.
31. Right of Entry - Tenant agrees that TROPIC LIKE IT’S HOT OAK ISLAND NC LLC, the Owner or their respective representatives may enter the Premises during reasonable hours to inspect the Premises to make such repairs, alterations, or improvements, thereto as TROPIC LIKE IT’S HOT OAK ISLAND NC LLC or the Owner may deem appropriate, or to show the Premises to prospective purchasers or tenants.
32. Transfer of Premises – If the Owner voluntarily transfers the Premises, Tenant has the right to enforce this Agreement against the grantee of the Premises if Tenant’s occupancy under this Agreement is to end 180 days or less after the grantee’s interest in the Premises is recorded. If Tenant’s occupancy is to end more than 180 days after such recordation, Tenant has no right to enforce the terms of this Agreement unless the Grantee agrees in writing to honor this agreement. If the grantee does not honor this agreement, Tenant is entitled to a refund of all advance rent paid by Tenant (and other fees owed to third parties not already lawfully disbursed). Within 10 days after transfer of the Premises, the grantee or the grantee’s agent is required to (I) notify Tenant in writing of the transfer of the Premises, the grantee’s name and address and the date of the grantee’s interest was recorded, and (II) advise Tenant whether Tenant has the right to occupy the Premises subject to the terms of this Agreement or receive a refund of any payments made by Tenant. Upon termination of the Owner’s interest in the Premises, whether by sale, assignment, death, appointment of a receiver or otherwise, the Owner, Owner’s agent is required to transfer all advance rent paid by Tenant (and other fees owed to third parties not already lawfully disbursed) to the Owner’s successor-in-interest within 30 days and notify Tenant by mail of such transfer and of the transferee’s name and address. However, if Tenant’s occupancy under this Agreement is to end more than 180 days after recordation of the interest of the Owner’s successor-in-interest in the Premises, and the successor-in-interest has not agreed to honor this Agreement, all advance rent paid by Tenant (and other fees owed to third parties not already lawfully disbursed) must be transferred to Tenant within 30 days. If the Owner’s interest in the Premises is involuntarily transferred prior to Tenant’s occupancy of the Premises, the Owner is required to refund to Tenant all advance rent paid by Tenant (and other fees owed to third parties not already lawfully disbursed) within 60 days after the transfer.
33. Contract Breach - Notwithstanding anything herein to the contrary, Owner and TROPIC LIKE IT’S HOT OAK ISLAND NC LLC shall have no duty to re-rent the property or otherwise mitigate their damages from any untimely cancellation or other breach of this Agreement by Tenant or by any guest or invitee of tenant.
34. Severability; Construction - If any provision hereof is declared invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall be unaffected and, to that end, the stricken provision shall be deemed severed. The parties shall replace the severed provision with one that, as closely as possible, lawfully achieves the intent of the severed provision. THIS IS A BINDING LEGAL DOCUMENT THAT AFFECTS YOUR RIGHTS AND TENANT IS ADVISED TO SEEK COUNSEL OF ITS CHOICE. Paragraph headings are for convenience of reference only. As necessary in the context, the singular shall include the plural and vice versa, and each gender shall include the other genders. This agreement shall not be strictly construed against a party as drafter, as each party had the opportunity for review by counsel.
35. Governing Venue - This agreement shall be treated as though it was executed in the County of Brunswick, State of North Carolina, and was to have been performed in the County of Brunswick, State of North Carolina. Any action relating to this agreement shall only be instituted and prosecuted in the courts of Brunswick County, North Carolina. Tenant and all members of the tenant’s party specifically consent to such jurisdiction and to extraterritorial service of process.
36. Lost and Found – We will not be responsible for any items left in the unit. Found items will be returned. Any expense incurred will be the responsibility of the tenant, including but not limited to shipping and a $10 handling fee. Items unclaimed within 30 days of check out will be donated to a local charity.
37. Written Exceptions – Any exceptions to the above-mentioned policies must be approved in writing in advance.