TENANT REPRESENTATION: Tenant represents and warrants that Tenant is at least 25 years old and that Tenant will occupy the Premises during the Term of the tenancy created hereunder.
FIRST PAYMENT: If you consent to the terms of this Agreement, we require the first payment to be paid upon making the reservation. The first Payment is 50% of the rental amount plus the reservation fee, any optional insurance premiums and 50% of the sales tax. Payment shall be via credit card at the time the reservation is booked, or if paying by check, payment shall be due within 7 days of booking the reservation, along with the signed lease (electronic or mailed) indicating Tenant’s acceptance and confirmation of the terms and conditions of the Agreement. Failure to remit the initial rental payment and signed lease within 7 days will result in the reservation being canceled. The balance is due 30 days prior to the arrival date. If your Check-In date is less than 30 days from the date you are making the reservation, full payment at time of booking is required. Customers without access to email may have their Agreement mailed to them via US Postal Service, however, full payment is still required immediately. This Agreement will need to be returned, however, payment of the rental is confirmation that you accept the terms and conditions of the Agreement. Our office mailing address PO Box 1103, Oriental, NC 28571. Beth Frazer & Associates, Inc. will place your reservation payments in a trust account at Crescom Bank located at 412 South Front Street, New Bern, NC 28560. The Tenant agrees to the advance disbursement of rents to the Owner prior to occupancy (not to exceed fifty percent (50%) of the base rent) and disbursement of fees to Agent, to pay for goods, services or benefits secured for the Tenant prior to occupancy.
FINAL PAYMENT: Final payment of all remaining rent, taxes and fees is due 30 days prior to check-in. We cannot accept personal checks for any payment due less than 30 days prior to check-in. NO CHECKS WILL BE ACCEPTED AT CHECK-IN. Note: If you declined Travel Insurance Coverage at booking, you may add coverage back in up until your Final Payment is made. Once you have made your Final Payment, you may no longer purchase coverage.
Tenant agrees to pay a $35.00 processing fee for any check of Tenant that may be returned by the financial institution due to insufficient funds or because Tenant did not have an account at the financial institution.
CANCELLATION TERMS: Should Tenant have to cancel for any reason, please notify Agent immediately in writing – either by email to email@example.com or via US Postal Service to our office mailing address: PO Box 1103 Oriental, NC 28571.
- Bookings canceled at least 14 days before the start of the stay will receive a full refund less booking fee.
- Bookings canceled at least 7 days before the start of the stay will receive a 50% refund less booking fee.
- Bookings canceled within 7 days before the start of the stay will not receive a refund.
- Should Tenant require or request to be moved to a different property or a different date at the same property, the Tenant will be charged a $200.00 non-refundable transfer fee.
- If you purchase travel insurance, it is your responsibility to contact Generali Global Assistance (formerly CSA) to make a claim. Generali Global Assistance toll-free number is 877.243.4135 or 866.999.4018 or www.generalitravelinsurance.com.
- Failure to cancel in writing will result in charging the final payment to the Tenant’s credit card.
SECURITY DEPOSIT: Any security deposit provided for in paragraph 5 above may be applied to actual damages caused by Tenant as permitted under the Tenant Security Deposit Act. In addition, Agent may deduct from the security deposit the amount of any unpaid long distance or per call telephone charges and television/entertainment charges that are not specifically described in this Agreement (including any addendum hereto) as being included with the Premises. Agent shall apply, account for, or refund Tenant’s security deposit within 45 days following the end of the tenancy.
TRAVEL INSURANCE: Travel insurance is shown in every reservation but is optional. We strongly recommend travel insurance to cover your investment should you have to cancel your plans, but please note the coverage is limited. If you choose to decline travel insurance, please note that refunds will not be given in the event of unforeseen cancellations unless the property is re-rented. This includes hurricane evacuations. You must purchase Travel Insurance prior to or with your final payment. For more information, visit the Generali Global Assistance website by going to www.generalitravelinsurance.com.
NOTE: TENANT’S DECISION WITH RESPECT TO THE PURCHASE OF TRAVEL INSURANCE WILL AFFECT TENANT’S RIGHTS IN THE EVENT OF A MANDATORY EVACUATION.
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.
DAMAGE TO THE PROPERTY: Experience tells us accidents can and will happen while you are on vacation. Tenant is responsible for immediately reporting any property damage to the Agent. Also, some charges may apply if departure procedures are not followed. Beth Frazer & Associates, Inc. does offer Damage Protection or Tenant can opt to pay a security deposit instead. However, 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:
- Intentional, willful, reckless, or malicious acts of the Tenant or others on the premises during the tenancy.
- Excessive damage by pets.
- Theft from the premises of the owner’s property.
- Gross negligence of Tenant or intentional misuse of furnishings, appliances, equipment, or other amenities provided within the home.
- Damage caused while under the influence of alcohol or drugs.
- Damages to real property resulting from operation of any motorized vehicle by a Tenant.
- Damages related to smoking in “NO smoking” homes.
- Damages related to tampering with “Irrigation Systems and Controls” or “Audio / Video / Internet wiring or component programming” within a property.
- Deliberately or negligently destroy, deface, damage, or remove any part of the Premises or render inoperable the smoke detector or pool alarm, if applicable, provide by the Owner, or knowingly permit any person to do so.
- Violate any criminal law or governmental regulation.
PET POLICY: Some Owners do not allow pets anywhere on their property, including on the deck or in the yard. If the property you have rented allows dogs an additional pet fee is required – it will be stated within the property description and a specified fee is charged per pet. Please note that this is limited to dogs only and, in most cases, a limit of 2. If you do not notify Agent of a dog, or the proper number of dogs on the premises, and pay the specified fee, eviction without refund may apply and Agent reserves the right to charge your credit card for pet fees. Cats are never allowed in any property at any time. Any tenant bringing a pet into a “No Pet” property will be evicted without refund. Pets are not allowed in pools or hot tubs. “Leash Laws” apply, and the law requires you to clean up after your pet.
PET POLICY STATEMENT: This Pet Policy is to provide a clear, concise and uniform guideline for our rental guests and owners.
- Well behaved dogs are allowed in select long term and vacation rental homes. A maximum of two (2) house trained dogs with current vaccinations are allowed.
- Tenant must make Agent aware of pets at time of booking and pay associated fees.
- No cats are permitted at any time unless approved in advance by Owner.
- Dogs are to be crated at night or when left unattended in unit.
- Dogs are not allowed on any furnishings, beds or bed linens.
- Tenants are responsible for cleaning up after their pets; inside of the property as well as outside.
- No noxious or aggressive dogs are allowed at any time. Dogs that exhibit aggressive behavior may be asked to be removed permanently from the property.
- There are currently no state-wide lease laws in North Carolina but there are provisions that limit dogs running at large.
- At River Dunes, a leash policy is enforced. Pets are required to be on a leash at all times. Pet bags are provided through-out the community for your convenience.
- Pets are not allowed in pool areas, pools or hot tubs.
- A pet addendum declaring intent to bring pets into a property shall be acknowledged and signed by guest at the time of booking. A copy of the executed addendum will be attached to the lease.
- For short term rentals less than a month, guest will be assessed a non-refundable pet fee in the amount of $15.00 per dog per day at time of booking.
- Short Term Tenants that fail to notify Agent of a dog or the proper number of dogs in a pet-friendly property, will be assessed a non-refundable fee of $75.00 (in lieu of $15.00) per dog per day.
- For rental periods greater than a month, guest will be assessed a non-refundable pet fee in the amount of $20.00 per dog per month with an additional refundable pet deposit in the amount of $1000.00.
- For either short or long-term rentals, any Tenant that brings a pet into a non-pet friendly unit will be assessed a fee of $1000.00 and subject to eviction without any refunds. Agent reserves the right to charge credit card for any pet fees.
- The Agent reserves the right to charge the owner any additional cleaning fees necessary at check out.
- If necessary and when permissible, Agent will file an insurance claim to cover any excessive cleaning and/or damages caused by pet(s).
This policy does not supersede any federal and state laws that allow service animals or emotional support animals in residential properties. Any Service Animals and/or Registered Emotional support animals will be required to provide proper documentation. Reference: https://www.ada.gov/regs2010/service_animal_qa.pdf
TENANT DUTIES: 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: (i) keeping the Premises as clean and 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 the Tenant uses; (ii) not deliberately or negligently destroy, deface, damage or remove any part of the Premises or knowingly permit any person to do so; and (iii) notifying Agent in writing of the need of replacement of or repairs to a smoke detector, and replacing the batteries as needed during the tenancy. Tenant agrees not to use the Premises for any activity or purpose that violates any criminal law or governmental regulation and may use the Premises for residential purposes only. Tenant must comply with all house rules including community rules, regulations and guidelines. Tenant’s breach of any duty contained in this paragraph shall be considered material, and shall result in the termination of Tenant’s tenancy.
OCCUPANCY LIMITS: Unless otherwise stated in paragraph 1, occupancy of the Premises shall be limited to two persons per bedroom, including family, children and Tenant guests. Bedding arrangements in the Premises are portrayed only to illustrate possible sleeping arrangements and may not be taken as a representation of permitted occupancy. Tenant agrees to be responsible for ensuring that maximum permitted occupancy of the Premises is not exceeded during the term of this Agreement and should contact Agent with any questions regarding permitted occupancy of the Premises.
AGENT DUTIES: Owner is required to provide the Premises in a fit and habitable condition. If at the time Tenant is to begin occupancy of the Premises, the Premises are not in a fit and habitable condition and Agent cannot substitute a reasonably comparable property in such condition, Agent shall refund to Tenant all payments made by Tenant. In the case of a double booking of a property, the Agent reserves the right to substitute a reasonably comparable property, in such case in which a comparable property is not available, Agent shall refund to Tenant all payments made by Tenant.
TRANSFER OF THE PROPERTY: If the Owner sells your vacation rental property, this Agreement is valid if the confirmed reservation dates end within 180 days of the sale. If the vacation rental ends after 180 days of the sale, the new Owner has no obligation to honor the terms of this agreement unless he agrees in writing to honor the agreement. If the Owner does not honor the Agreement, Agent will work with Tenant to find a suitable replacement vacation rental property, or the Tenant is entitled to a full refund.
INDEMNIFICATION AND HOLD HARMLESS: You agree to indemnify and hold harmless the Owner and Agent for any liabilities, theft, damage, cost or expense whatsoever (including but not limited to attorneys’ fees) arising from or related to any claim or litigation which may arise out of or in connection with your use and occupancy of the Premises including but not limited to any claim or liability for personal injury, damage or theft of property or theft of property or infringement of intellectual property rights (e.g., illegally downloading video, audio or text files via any internet service located at the Premises) which is caused, made, incurred or sustained by You as a result of any case, unless caused by the grossly negligent or willful act of Agent or the Owner, or the failure of Agent or the Owner to comply with the Vacation Rental Act. Neither Agent or Owner are providing any other warranty of any kind, except as otherwise expressly provided herein, whether written or oral, statutory or contractual, express or implied, including, without limitation, THE WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR USE, which are hereby expressly excluded. The terms “Agent” and “Owner” as used in this Agreement shall include their heirs, successors in interest, assigns, employees, agents, and representatives where the context requires or permits. The terms “Tenant,” “You,” and “Your” as used in this Agreement shall include Tenant’s heirs, successors, assigns, guests, invitees, representatives and other persons on the Premises during Your occupancy (without regard to whether such persons have authority under this Agreement to be upon the Premises), where the context requires or permits.
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 purchasers or tenants.
Expedited Eviction: If the tenancy created hereunder 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: (i) holds over in possession after Tenant’s tenancy has expired; (ii) commits a material breach of any provision of this Agreement (including any addendum hereto) that according to its terms would result in the termination of Tenant’s tenancy; (iii) fails to pay rent as required by this Agreement; or (iv) has obtained possession of the Premises by fraud or misrepresentation.
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 Craven or Pamlico (in the county of the Property), State of North Carolina. Any action relating to this Agreement shall be instituted and prosecuted only in the Pamlico or Craven 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.
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 pools, jacuzzi/hot tub, spa, fitness center, grill 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.
Use of Electronic Means; Notice: The parties agree that electronic means may be used to sign this Agreement or to make any modifications the parties may agree to, and that any written notice, communication or documents may be transmitted electronically to any email address, cell phone number or fax number used by the parties to communicate during the course of this Agreement. Any notices required or authorized to be given hereunder or pursuant to applicable law may also be mailed to Tenant’s address or hand delivered to the Tenant at the address of the Premises and to the Agent at the Agent’s address.
Check-In / Check-Out:
- For homes located in Oriental, Arapahoe or Minnesott Beach: Check-In begins at 3:00pm EST at the Beth Frazer & Associates, Inc. office located at 401 Hodges Street, Oriental, NC. Check-out is no later than 11:00am EST. Return your keys to Beth Frazer & Associates, Inc. office.
- For homes located within River Dunes Community: Check-in will begin at 3:00pm EST at the River Dunes Provision Company located at 446 East Harborside Drive, Oriental, NC. Check-out is no later that 11am EST. Return your keys to the River Dunes Provision Company.
- Emergency maintenance services and housekeeping linen services are available after hours by calling 252.249.1001.
- No occupancy of the property, including driveways, parking areas, decks, docks and pools will be allowed after check-out.
PARKING: Parking is limited at most properties. Most homes allow parking for two vehicles per rental unit and may require you to check in at an on-site office. Parking is limited to the driveway area only (parking on grass is never allowed). No motor homes or campers are allowed on the property.
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, linens, bedspreads, and pillows. Towels, hand clothes, kitchen linens are provided as well. You will need to bring all paper products (including toilet paper), soaps, staples and personal items. Agent offers the opportunity for Tenant to rent additional linens and towels, coolers, etc. 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 damages.
CONDITION OF PROPERTY: Agent makes every effort to provide accurate information about the rental property. The Beth Frazer & Associates, Inc. website provide pricing, descriptions and recent pictures of all properties. Please remember that you are making an agreement with the Agent for an individually owned property. You cannot be moved to another property if you are not satisfied with your choice upon arrival. If you have a guest with particular needs, i.e. handicapped or severe allergies, please note that Agent will do the best to answer questions but will not be held responsible for inaccuracies. Upon arrival, please notify us immediately 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 NC G.S. 42A-17(b).
DEPARTURE DUTIES: Tenant must leave property in an orderly condition per the property departure check list which includes all dishes washed and put away, all food removed from refrigerator, all trash removed from home, outdoor grills cleaned and all sheets stripped off the beds. Failure to abide by this provision will result in extra cleaning charges charged to Tenant. If home allowed pets, please remove pet hair from carpets and upholstery. Linens should be bundled together and placed near the main entrance. LEAVE MATTRESS PADS, COMFORTERS, BLANKETS AND DECORATIVE ACCESSORIES, SUCH AS SHAMS, ON THE BEDS.
PERSONAL ITEMS: Items left by Tenant upon departure are not the Agent’s responsibility. Beth Frazer & Associates, Inc. provides the Lost & Found service as a courtesy; however we do charge a fee of $30 plus shipping costs to retrieve your item(s), package them and mail them to you.
- Tenant acknowledges that Agent may have an ownership interest in some properties
- Agent is paid a commission on the Travel Insurance and may also receive commissions from other vendors.
- Rearranging of the furniture is not permitted nor moving indoor furniture outside.
- Grilling shall not be allowed on decks, porches or close to the house. Tenant is responsible for leaving grill clean.
- Please note that some properties may not offer local telephone service. If having local telephone service is required, please check with one of our Rental Agents prior to arrival.
- If a telephone is available on the Property, Tenant shall be responsible for all toll or internet calls.
- Verizon mobile is the primary cellular carrier in the area. Tenants are advised that cell coverage can be spotty. Please provide our office number— 252.249.1001—for immediate friends and family for emergency contact.
- Tenant acknowledges that construction may be ongoing at adjoining or nearby properties. Neither Agent nor owner is responsible for any objectionable noise or activity related to same.
- Henna Tattoos and Fireworks are not allowed on premises and Tenant will be held liable for any damage or replacement to include carpeting, bedspreads, furniture, decking, etc. Most fireworks are illegal in North Carolina.
- Every effort has been made to assure the information on the website, in the brochure and communicated by our Agents is correct, however, it is not guaranteed. The website will contain the most up to date information, however, Agent cannot be held responsible for changes made by Owners such as decor or bedding, unintentional misrepresentation or printing errors; and no refunds will be made for such. Due to state regulations regarding septic permits, some information presented may be inaccurate as the availability of these permits is limited. Every effort has been made to ensure all information is accurate and specific guidelines of the Craven and Pamlico County Health Department have been followed. Agent shall not be liable for unintentional errors, omissions, or changes in the advertisement of bedrooms and occupancy. The information herein is believed to be accurate and timely, but no warranty as such is expressed or implied.
- Internet Service is not offered in all properties, please check the property information on our website, or call one of our Rental Agents if you have questions. Where offered, Internet Service is provided by the Property Owner. Beth Frazer & Associates, Inc. is not an Internet Service Provider (ISP), and as such, does not warrant that the available Wireless or Wired Internet Service will perform at a particular speed, bandwidth or data throughput rate, or will be uninterrupted, error-free, secure, or free of viruses, objectionable content, or the like. PLEASE NOTE: Refunds will NOT be given for Internet Service outages. You expressly assume all risk and responsibility for use of the Internet Service.
- Tenant will be held liable for extra cleaning charges and for damages involved in smoking inside any property. Extra cleaning charge will be automatically billed to the credit card on file for the reservation. Extra cleaning fees start at 25% (twenty five percent) of the base rent and may exceed based on the damage and property’s condition.
POOLS, HOT TUBS, BOATS, BICYCLES, KAYAKS, GOLF CARTS & ELEVATORS: If the Property is equipped with a community or private pool, hot tub, bicycles, boats, kayaks, stand up paddle boards, golf carts or elevator, Tenant hereby accepts and agrees to the following:
- Tenant shall ensure use in a safe manner at all times and that juvenile use is supervised by an adult.
- Unsafe and/or unsupervised use by Tenant or Tenant’s guests shall permit Agent to terminate IMMEDIATELY WITHOUT NOTICE Tenant’s occupancy of the Property.
- Tenant shall indemnify and hold Agent (its officers, employees, agents and equity holders) and the Owner of the Property harmless from and against any and all liabilities, claims and expenses for personal injury or property damage resulting from unsafe and/or unsupervised use by Tenant or Tenant’s guests.
- See paragraph 31 of this agreement for disclaimer information. PLEASE NOTE: Refunds will NOT be given for any of these items that may be non-functioning. Elevators: Every effort is made to repair in a timely manner. Should your party misuse the elevator, you may be charged for a service call and may be without elevator service during your stay.
PROPERTIES WITH RECREATIONAL AMENITIES: You and your guests, acknowledge that the use of any recreational amenities such as but not limited to golf carts, kayaks, bikes etc. is “At Your Own Risk.” By entering into a rental contract, you agree to relieve and hold harmless Beth Frazer & Associates, Inc. and the Owner for any and all debts which might occur from accidents involving any recreational amenities. Beth Frazer & Associates, Inc. and the Owner are not liable for any damages or bodily harm incurred with guests’ use of recreational amenities. You understand that there is no insurance of any type of on these recreational amenities. You also agree to pay for any damages done to these recreational amenities.