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 THE AGREEMENT, IS EVIDENCE OF YOUR ACCEPTANCE OF THE AGREEMENT AND YOUR INTENT TO USE THIS PROPERTY FOR A VACATION RENTAL.

Please review the information below carefully.  This Agreement outlines the major responsibilities of our Company and our Guests.  If you agree to these terms and wish to continue your reservation, please sign and return this form to our office.  Thanks very much for your business!

In consideration of the advance rent payment received and the mutual promises herein, the Owner of the subject property, through Treasure Realty, Inc., his agent, does hereby lease and rent to Tenant the certain property described within for the following terms and conditions:

1.  DEPOSITS.  This signed Agreement and your 50% rental deposit and Travel Insurance, if applicable, are required by the date shown.  Balance is due 30 days prior to arrival.  Payment in U.S. Funds only.  Treasure Realty, Inc. accepts MasterCard and Visa.  All deposits are held in an interest-bearing account at First Citizens Bank at 960 Highway 210, Sneads Ferry, NC.  28460 with interest earned by Treasure Realty, Inc.  No checks accepted at time of check-in for rent, security deposits or other fees of any kind.

2.  CHECK-IN.  Check-in time is 3:00 p.m. on your arrival date.  Please do not go to the home prior to picking up your keys, as cleaning crews will not stop at the home if a car is present, and it will only delay our cleaning efforts.  Treasure Realty, Inc.  makes every effort to insure all units are clean and ready for occupancy.  However, in some instances, it may be necessary to delay occupancy until the unit is ready.  There are no rebates for such late occupancy. 

3.  CHECK-OUT.  Check-out time is 10:00 a.m. on your departure date.  Please be sure all members of your party have departed by this time, as we need time to inspect and prepare all homes prior to the next guest’s arrival.  Please return all keys, pool tags, and parking permits by 10:00 a.m.  

4.  CANCELLATIONS BY GUEST.  Cancellation by guest must be in writing.  If the property is re-rented, the guest will receive the advance rent payment back less a 15% cancellation fee.  If the property is not re-rented, guest will not be entitled to reimbursement for any advance rent payment.  Agent will not be responsible for reimbursing any third party fees that have already been paid out, and the guest must seek reimbursement directly from the third party.  Tip:  Consider Trip Insurance.

5.  CANCELLATIONS BY TREASURE REALTY, INC.  If your home becomes unavailable, (change in ownership, taken off the rental market, owner schedule change, etc.) we will make every effort to find an acceptable substitute home.  We will notify you of the situation as soon as we become aware of it, and if we are unable to find an acceptable home for you, we will refund 100% of the deposit.

            The Management firm, on behalf of the owner of the property, reserves the right to cancel this Agreement at any time prior to the tenant taking possession of the property.  In such event, all payments made by the guest to the management firm will be refunded, and neither the management firm nor the owner will be liable for any damages of any sort incurred by tenant as a result of such cancellation.  If guest desires to be placed in alternative premises, the management firm will make a good faith effort to relocate the guest, but if the premises are more expensive, guest agrees to pay the difference.

6.  TRANSFER.  Section 42a-19(a) provides that if the property is voluntarily transferred by the owner, guest has the right to enforce the Vacation Rental Agreement against the grantee of the property if the vacation is to end one hundred eighty (180) days or less after the date the grantee’s interest in the property is recorded by the Register of Deeds Office.  If the vacation rental is to end more than one hundred eighty (180) days after recordation of the grantee’s interest in the property, the guest has no right to enforce the terms of the agreement unless the grantee agrees in writing to honor the agreement, but the guest is entitled to a full refund of any payments he or she has made.  Within ten days of property transfer, each guest will be notified in writing of the property transfer, the grantee’s name and address, and the date the grantee’s interest was recorded.  If the owner’s interest is involuntarily transferred to another prior to the guest’s occupancy of the property, the Agency shall refund to the guest any payments made by the guest within sixty (60) days after the transfer.

7.  RIGHTS AND OBLIGATIONS.  Pursuant to 42A-17(b), if at any time the guest is to begin occupancy of the property, the owner or agent cannot provide the property in a fit and habitable condition or substitute a reasonably comparable property in such condition, the owner or agent shall refund to the guest all payments made by the guest.

8.  FAMILY GROUPS ONLY & MAXIMUM OCCUPANCY.  Tenancy is reserved for family groups only.  No house parties, fraternities, school, civic or other non-family groups allowed unless prior approval is received from the Owner.  Treasure Realty, Inc. reserves the right to refuse rental to groups with the majority under the age of 25.  I.D.’s must be furnished upon request. Violation of the above is grounds for expedited eviction without refund in accordance with Article 4 of the NC VACATION RENTAL ACT. You are responsible for knowing and respecting the occupancy limits in your unit.  This number is reflected on our website.  If you are unsure of how many people can sleep in the property, please call our office. Mobile homes, campers, etc. cannot be used on the property to increase occupancy limits.  If this legal sleeping limit is exceeded, you may lose your rental rights, with a complete forfeiture of rental monies.

9.  SECURITY DEPOSITS.  Security deposits are required on all rentals in the amount of a least $200.00.  Security deposits are held in an interest-bearing trust account at First Citizens Bank at 960 Highway 210, Sneads Ferry, NC 28460 with interest earned by Treasure Realty, Inc.  The security deposit will be returned in forty-five days from check-out, if the home has not been damaged, is left clean, and no cable or telephone charges have been incurred as allowed under Section 42A-18(a) of the VRA.  A nonrefundable “Peace of Mind Protection” fee can be used in lieu of a Security Deposit (see enclosed information).

10.  INSURANCE.  Treasure Realty, Inc. offers travel insurance under Section 42A-36 of the VRA.  Under order of mandatory evacuation, the tenant is not entitled to a refund from the Owner if prior to 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 opt for Travel Insurance to cover potential financial loss. The insurance offered shall be provided by an insurance company duly authorized by the North Carolina Department of Insurance and the cost of the insurance shall not exceed eight percent (8%) of the total rent charged for the vacation rental to the guest. If the state or local authorities, acting pursuant to Article 36A of Chapter 14 or Article 1 of Chapter 166A of the General Statutes, order a mandatory evacuation of an area that includes the residential property subject to a vacation rental, the guest in possession of the rental property shall comply with the evacuation order.  Failure to do so will be at the Tenant’s own peril.

11.  ADVANCE PAYMENT USES.  Pursuant to Section 42-16 of the VRA, agent acting on behalf of owners may disburse prior to occupancy of the property up to fifty percent (50%) of the total rent paid in advance for fees owed to third parties for goods, services or benefits processed by the owner or agent acting on behalf of owners for the benefit of the guest, including but not limited to administrative fees.

            Any funds remaining after an advance disbursement shall be retained in its trust account and not disbursed until the occurrence of the first of the following events; (1) the commencement of the tenancy; (2) the guest commits a material breach, in which case an amount sufficient to defray actual damages suffered as a result of the breach; (3) the money is refunded to the tenant; or (4) if the funds are transferred upon the termination of the owner’s interest in the property.

12.  FEES. (a) There is a $25.00 returned check fee; (b) a $25.00 late payment fee; (c) a late check-out fee of $50.00 per hour; (d) a $35.00 nonrefundable reservation fee plus tax; (e) a $15.00 fee for all rental items not returned to our office.  As the agent handling travel insurance and Peace of Mind Protection, we receive a percentage of the cost as a processing fee.

13.  REFUNDS.  Treasure Realty, Inc. reserves the right to refund deposits, refuse rental or discontinue occupancy if, in our opinion, any member of your party is engaging in conduct harmful to the home, premises, area or neighbors.

14.  PETS.  Properties allowing pets are limited to one housebroken domestic animal.  The rental rate will increase by at least an additional $200.00 as a nonrefundable fee on all reservations including a pet.  A pet of any kind on the premises of a non-pet property is absolutely prohibited and is grounds for expedited eviction of the entire party and forfeiture of all monies paid as provided in the NC VACATION RENTAL ACT.  Please clean up the surrounding property after your pet before check-out.

15.  FIREARMS.  Absolutely no firearms of any kind are allowed in the unit.  Please understand that you will immediately lose your rental rights with no refunds of your rental monies if a firearm is discovered to be on the premises.  You are also responsible for keeping the unit locked and secure at all times.

16.  TAXES.  All taxes are at the rates applicable at the time of the Rental Agreement.  Taxes will be disbursed to the taxing bodies, i.e. Onslow County, Pender County, Town of Surf City, Town of N. Topsail Beach, and the State of North Carolina upon termination of the tenancy or material breach of the Agreement.  The tax rates may change without notice.

17.  EQUIPMENT MALFUNCTION/NUISANCES.  Treasure Realty, Inc. cannot guarantee the operation of any home amenities.  However, we will make every effort to respond to any appliance or equipment problems. No refunds of partial or entire rental deposits will be made for a malfunctioning appliance or amenity, or for other items outside of our control, such as construction in the area, bad weather, or a home not decorated/furnished to personal tastes.

 18.  MAINTENANCE OF RENTAL.  Owner or agent is to comply with all applicable housing and building codes, make all repairs, keep the property in a fit and habitable condition, and provide operable smoke detectors.  Guest is to keep the property clean, safe, and sanitary; dispose of all ashes, rubbish, garbage, and other waste in a clean and safe manner; keep all plumbing fixtures clean, not deliberately or negligently destroy, deface, damage, or remove any part of the property or render inoperable the smoke detectors; be responsible for all damage, defacement, or removal of any property inside the property that is in his or her exclusive control; and notify the agent of the need or replacement of or repairs to a smoke detector. 

19.  LOCK OUT POLICY.  In the event you are locked out during your vacation, you may come to our office to borrow a key, which must be returned immediately.  If we have to bring the key to you there will be (a) a $20.00 fee during business hours; (b) a $35.00 fee after hours which must be paid directly to that agent prior to your receipt of the key. Our after hours emergency numbers are posted on outside our office door, on our voice mail recording at our office, and in the packages you received at check-in.

20.  TELEPHONE USE.  Most cottages are equipped with “call blocking service” which blocks long distance or collect calls.  You will be able to utilize a calling card or major credit card to make long distance calls.  If your rental home does not subscribe to a blocking service and long distance calls are placed, the fee plus a $20.00 usage fee will be charged and deducted from your deposit in accordance with the VRA.

21.  EXPEDITED EVICTION.  Under 42-A-23 of the VRA the expedited eviction procedure is allowed under this act and enforced if the tenancy is for thirty (30) days or less.  If the tenancy is longer than thirty days Article 3 of Chapter 42 of the General Statute applies.

22.  PERSONAL PROPERTY.  Treasure Realty, Inc. cannot be held responsible for personal property during your stay, or items left behind following departure.  Please call us immediately to report items you have left, and we will try to locate the items.  If located, the items will be mailed with a service charge of $20.00 plus postage.

23.  INJURIES.  Treasure Realty, Inc. is not responsible for personal injuries to guests at any time during your stay.

24.  ERRORS AND OMISSIONS.  While we make every effort to ensure that information on our website is kept current, we are frequently uninformed of changes made by the homeowners.  Treasure Realty, Inc. cannot be held responsible for changes made by owners or printing errors.  Taste, quality and style vary. 

25.  INDEMNIFICATION AND HOLD HARMLESS:  RIGHT OF ENTRY:  ASSIGNMENT.  Tenant agrees to indemnify and hold harmless Agent and the owner from and against any liability for personal injury or property damage sustained by any person (including Tenant’s guests) as a result of any cause, unless caused by negligent or willful act of Agent or the owner, or the failure of Agent or the owner to comply with the Vacation Rental Act.  Tenant agrees that Agent, 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 Agent or owner may deem appropriate, or to show Premises to prospective purchasers or tenants.  Tenant shall not assign this Agreement or sublet the Premises in whole or part without written permission of Agent.

26.  MISCELLANEOUS.  (A) 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.  Tenant acknowledges that they may not have possession of the premises until full rental amount set forth herein has been paid.  (B) All parties to this contract acknowledge that Treasure Realty, Inc. represents the interest of the property owner.  Subject property may or may not be owned by a NC Real Estate Licensee or licensee of another state.  (C)  This agreement shall be treated as though it was executed in the County of Onslow, State of North Carolina, and were to have been performed in the County of Onslow, State of North Carolina.  Any action relating to this agreement shall only be instituted and prosecuted in courts in North Carolina.  Customer/Tenant specifically consents to such jurisdiction and to extraterritorial service of process.