VACATION RENTAL AGREEMENT

North Carolina law requires the following notice:

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. YOUR SIGNATURE ON THIS AGREEMENT, OR PAYMENT OF MONEY OR TAKING POSSESSION OF THE PROPERTY AFTER RECEIPT OF THIS AGREEMENT, IS EVIDENCE OF YOUR ACCEPTANCE OF THE AGREEMENT AND YOUR INTENT TO USE THIS PROPERTY FOR A VACATION RENTAL.

Disbursement of Rent: Tenant authorizes owner to disburse up to fifty percent of the total rent for the reserved time to owner or as the owner directs prior to tenant’s occupancy of the premises, and the balance of the rent upon the commencement of the tenancy, a material breach of this agreement by the tenant, or as otherwise permitted under the Vacation Rental Act. Tenant authorizes owner to disburse prior to tenant’s occupancy of the premises any fees owed to third parties for goods, services or benefits procured by owner for the benefit of the tenant, including but not limited to, any fees set forth herein payable for reservation, transfer or cancellation of tenancy.

Trust Account: Any advance payment made by tenant shall be deposited in a trust account at the bank specified in your deposit receipt e-mail. Tenant agrees that any advance payment may be deposited into an interest bearing trust account and that any interest thereon shall accrue for the benefit of, and shall be paid to the owner (or as the owner directs) as it accrues and as often as is permitted by the terms of the account.

Rules and Regulations: Tenant agrees that tenant has received and read the rules and regulations, and understand that they are an integral part of this agreement.

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.

Vacation Rental Rule and Regulations

Check In: Check in is 4 PM to 8 PM on the day of arrival, or as otherwise arranged. The balance of the rental amount and taxes will be paid at the time of check-in by credit/debit card (Mastercard or Visa only), or cash.

Check Out: Check out is before 11 AM. Keys must be left in the cabin. The premises should be left as you found it- in clean condition. Tenant is required to wash dishes and put them away. Refrigerator should be emptied and clean. Stove and oven should be clean. The counters should wiped off. The floors and porch should be swept. The A/C and heat should be turned off. The lights should be turned off. Trash must be bagged and tied, and can be left in the outside can with the lid shut tight and latched. All windows must be closed. Bed linens may be placed on beds and dirty towels and robes may be gathered and placed in the tub or shower. There will be no refunds for early departure or unused time.

Furnishings / amenities provided and items you must bring

Cabins are furnished and equipped with dishes, kitchen utensils, pots and pans, coffee maker, microwave, range, refrigerator, tv/dvd, wall A/C and heater, gas log fireplace. No replacement or repair is guaranteed and no refunds will be given in event of malfunction, electric, gas or water outage.
Linens are provided. However, there will be no daily linen or maid service.
All beds have pillows, blankets and sheets. Extra blankets are provided.
A starter supply of toilet paper, soap, paper towels, coffee filters, napkins, and dish detergent are provided. Additional supplies are the responsibility of the tenant.
There is no telephone.
The cabin has well water.
There is picnic shed and table and a firepit available for your use at the pond.

Accommodation Rules and Duties of the Tenant

Maximum Occupants is four persons including children. Maximum for some cabins is two persons
Absolutely NO PETS PERMITTED. A $125 charge will be charged to the card you provided if we find evidence of pets in your cabin after your departure.
NO SMOKING IS PERMITTED IN THE CABIN. If you smoke , you must smoke outside and dispose of your butts properly. A $125 charge will be charged to the card you provided if we find evidence of smoking in your cabin after your departure.
Guest agrees that any comments provided by email or in the guest books may be republished online by owner, provided that the names are redacted.
Due to fire danger, charcoal grills and candles are not allowed on the property. Each cabin has a gas grill.
The following are NOT ALLOWED on the property: Discharge of firearms, discharge of bows and arrows or crossbows, discharge of air rifles or BB guns, discharge of weapons of any sort.
Tenant is to maintain the property in a safe, clean, sanitary condition.
Clear Creek Cabins is not responsible for personal property during your stay, or items left behind following departure. However, if you call us immediately to report items you have left, we will try to locate the items and return them.
Trash is to be kept bagged, tied and then placed in the trash cans, with the lid shutand latched, behind the cabin or in some cases under the cabin stairs. Under no circumstances should loose bags be left outside.
Do not render inoperable any smoke detectors or carbon monoxide detectors – they are for your safety. Turning on the range fan when frying foods will prevent the smoke alarm from going off.
The gas log fire should be monitored at all times and turned off completely (by turning it down to 40 degrees, except 60 degrees in very cold weather) when you leave the premises, go to bed, or have the sofa bed unfolded.
Fireplaces may be turned off from approximately April 15-September 15; they may not be operational during this time of the year.
Tenant must notify the owner if the smoke alarm is not functioning. If you notice an appliance is not working properly, a plumbing problem, an electrical problem, a smoke alarm problem, or other item on the premises or any thing that could cause harm to anyone’s health or safety or if something just needs to be fixed or improved, please notify the owner immediately.
NO SWIMMING is allowed in the pond.
Children must be accompanied by their parent or responsible adult at all times both on the property and in the cabins or farmhouse.
Children and adults using the boat must waer life jackets stored in the container in the picnic shed.
Children must not jump on or otherwise damage the hammocks or furnuture.
No children under the age of 12 permitted in hot tubs at any time. When using the hot tub, remember there is a certain health risk associated with this facility. Use at your own risk. DO NOT SIT OR STAND ON THE HOT TUB COVERS. Hot tub covers are for insulation purposes and are not designed to support a person or persons. They will break, and you will be charged $500 for replacement. Remember when not using the hot tub, leave cover on so hot tub will stay hot.

Pursuant to NC statute, the tenant shall:

(1) keep that part of the property which he or she occupies in a clean, safe condition and cause no unsafe or unsanitary conditions in the common areas and remainder of the property that he or she uses.
(2) Dispose of all ashes, rubbish, garbage, and other waste in a clean and safe manner.
(3) Keep all plumbing fixtures in the property or used by the tenant as clean as their condition permits.
(4) Not deliberately or negligently destroy, deface, damage, or remove any part of the property or render inoperable the smoke detector provided or knowingly permit any person to do so.
(5) Comply with all obligations imposed upon the tenant by current applicable building and housing codes.
(6) Be responsible for all damage, defacement, or removal of any property inside the property that is under his or her control, including the hot tub, porch furniture, or other cabin facilities unless the damage, defacement or removal was due to ordinary wear and tear, acts of the landlord or his or her agent, defective products supplied or repairs authorized by the landlord, acts of third parties not invitees of the tenant, or natural forces. Tenant agrees that reimbursement for such damages, up to $500, will be charged to the credit or debit card used to make the rental prepayment deposit.
(7) Notify the landlord of the need for replacement or repairs to the smoke detector. The landlord shall annually place new batteries, if required, in a battery operated smoke detector, and the tenant shall replace the batteries as needed during the tenancy. Failure of the tenant to replace the batteries as needed shall not be considered negligence on the part of the tenant or landlord.

Pursuant to NC statute, the following warning is required:

WARNING

‘Under North Carolina law, there is no liability for an injury to or death of a participant in an agritourism activity conducted at this agritourism location if such injury or death results from the inherent risks of the agritourism activity. Inherent risks of agritourism activities include, among others, risks of injury inherent to land, equipment, and animals, as well as the potential for you to act in a negligent manner that may contribute to your injury or death. You are assuming the risk of participating in this agritourism activity.’

Weather

We cannot guarantee the weather conditions. There will be no refund due to inclement weather unless otherwise provided herein in the “mandatory evacuation/ state road closure” provision of this agreement.

Inspection of premises

Tenant agrees that owner or owner’s agents may enter the premises for during reasonable hours to inspect, repair, or improve the premises.

Landlord’s obligations and responsibilities

Comply with all current applicable building and housing codes.
Make all repairs and do whatever is reasonable/ necessary to put and keep the premises in a habitable condition.
Keep all the common areas of the property in a safe condition.
Maintain in good and safe working order and reasonably and promptly repair all electrical, plumbing, sanitary, heating, ventilating, and other facilities and appliances supplied by him or her upon written notification from the tenant that repairs are needed.
Provide operable smoke detectors. Landlord shall replace or repair the smoke detectors if the landlord is notified by the Tenant in writing that replacement/repairs are needed. Landlord shall annually place new batteries as needed during the tenancy.

Cancellation by tenant

Tenant will not obtain a refund if the cancellation notice is received less than 30 days prior to commencement of the tenancy period if the tenancy period is less than one week, or if the cancellation notice is received less than 60 days prior to commencement of the tenancy period if the tenancy period is one week or more, except that in the event that the cabin is re-rented for the days of the reservation a refund will be returned. A $35 processing fee will be changed in the event of a refund.

No Show without Cancellation by tenant

In the event that the tenant does not show up on the day the reservation starts and has not cancelled the reservation, the tenant will be charged for the full amount due for the reserved days.

Indemnity

Guest agrees to release, indemnify and hold harmless the owner from and against all liability for injury to the person of the Guest, to any member of his party or any Guest, resulting from any cause whatsoever. This indemnification specifically includes use of any spas, hot tubs, pond, boats, fishing equipment, and grills.

Guest agrees to indemnify and hold harmless the owner from and against any liability for personal injury or property damaged sustained by any person (including guests’ guests) as a result of any cause, unless caused by the negligent or willful act of the owner to comply with the VRA.

Travel Insurance

We highly recommend all guests purchase travel insurance. If you wish to purchase travel insurance, go to www.InsureMyTrip.com for details and to purchase.

Written Exceptions

Any exceptions to the above mentioned policies must be approved in writing in advance.

Transfer of the property by owner

If the property is voluntarily transferred by landlord, a tenant has the right to enforce the vacation rental agreement against the grantee of the property if the vacation rental is to end 180 days or less after the date of the grantee’s interest in the property is recorded; if the vacation rental is to end more than 180 days after the recordation of the grantee’s interest in the property, the tenant has no right to enforce the terms of the agreement unless the grantee agrees in writing to honor the agreement. If the grantee does not honor the agreement, the tenant is entitled to a full refund of any payments made. Within 10 days after the transfer of property, grantee or grantee’s agent shall : a) notify each tenant in writing of the property transfer, the grantee’s name and address, and the date the grantee’s interest was recorded. B) advise each tenant whether he or she has the right to occupy the property subject to the terms of the vacation rental agreement and the provisions of this section. C) advise each tenant of whether he or she has a right to receive a refund of any payments made by him or her.

Upon termination of the landlord’s interest in the property, whether by sale, assignment or death, appointment of a receiver or otherwise, the landlord, landlord’s agent , or real estate agent is required to transfer all advance rent paid by tenant ( and other fees owed by third parties not already lawfully disbursed) to the landlord’s successor in interest within thirty days and notify the tenant by mail of such transfer and of the recordation of the landlord’s successor in interest in the property, and the successor in interest has not agreed to honor the vacation rental , all advance rent paid by the tenant must be transferred to the tenant within 30 days.
If the landlord’s interest in the property is involuntarily transferred to another prior to the tenant’s occupancy of the property, the landlord shall refund to the tenant any payment made by the tenant within 60 days after the transfer.

Cancellation by owner

The owner or owner’s agent has the right to cancel this agreement at any time prior to the tenant taking possession of the property. In such event, all payment made by the tenant will be refunded, and the owner will not be liable for any damages, including but not limited to consequential and incidental damages incurred as a result of the cancellation.

Expedited Eviction

If the tenancy herein is created 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 Tenancy has expired.
2. Commits a material breach of the any provision of the agreement (including any addendum hereto) that according to its terms would result in the termination of the tenant’s tenancy.
3. Fails to pay rent as required by the agreement.
4. Has obtained possession of the premises by fraud or misrepresentation.

Mandatory Evacuation, State Road closure

If state and local authorities order a mandatory evacuation of an area that includes the premises, Tenant shall comply with the order. Upon compliance, Tenant will be entitled to a refund of the prorated rent for each night that tenant is unable to occupy the premises because of the order. In addition, if tenant is unable to begin tenancy due to road closure by state and local authorities, a prorated refund for each night that tenant is unable to occupy the premises will be issued. If state roads are open and tenant chooses not to begin occupancy, no refunds will be given. There is no guarantee that private roads will be passable and no refunds will be given for lack of snow removal.

Assignment

This agreement is not assignable except by the written consent of the parties.

Legally Binding/ Attorney fees/ Indemnification and Hold harmless

Tenant agrees to abide by this agreement and understands that it is legally binding. All parties agree that in event of a dispute that the agreement will be interpreted in accordance with NC law. Tenant shall be responsible for attorney fees and costs of owner and/or owner’s agent incurred and arising out of any breach of this agreement by Tenant or Tenant’s invitees. Tenant agrees to indemnify and hold harmless the owner, owner’s agents , owner’s employee’s, owner’s managers, and owner’s agent’s employees from and against any and all liability for any claim for personal injury, property damage, intangible damages, advertising injury, discrimination, or any other cause of action in tort, contract or equity arising out the acts or omissions of tenant or tenant’s guests.