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Vacation Rental Agreement

A VACATION RENTAL AGREEMENT UNDER THE NORTH CAROLINA VACATION RENTAL ACT (NCVRA). 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. THIS AGREEMENT SHALL NOT BE CONSIDERED BINDING UNTIL SIGNED BY AN AUTHORIZED BLUEWATER AGENT. This Vacation Rental Agreement (“Agreement”) entered by and between Bluewater (“Agent”) for the Owner of the Property referred to hereafter as “Owner” and the undersigned “Tenant”, whether one of more. In consideration of the mutual covenants and conditions herein, the Agent, solely on behalf of the Owner, does hereby lease and rent to the Tenant the Property named here in following terms and conditions in addition to the Confirmation Provisions here and the bluewaternc.com website.

ADDITIONAL TERMS OF YOUR VACATION RENTAL AGREEMENT for 2013 Reservations

A VACATION RENTAL AGREEMENT UNDER THE NORTH CAROLINA VACATION RENTAL ACT (NCVRA). 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. THIS AGREEMENT SHALL NOT BE CONSIDERED BINDING UNTIL SIGNED BY AN AUTHORIZED BLUEWATER AGENT. This Vacation Rental Agreement (“Agreement”) entered by and between Bluewater (“Agent”) for the Owner of the Property referred to hereafter as “Owner” and the undersigned “Tenant”, whether one of more. In consideration of the mutual covenants and conditions herein, the Agent, solely on behalf of the Owner, does hereby lease and rent to the Tenant the Property named here in following terms and conditions in addition to the Confirmation Provisions here and the BluewaterNC.com website.

ADDITIONAL TERMS OF YOUR VACATION RENTAL AGREEMENT for 2013 Reservations

  1. FIRST PAYMENT: If you consent to the terms of this Agreement, we require the first payment to be paid upon making the reservation. First Payment includes 1/2 rent and the Travel Insurance Premium (if purchased). We accept VISA, MasterCard, American Express, or Discover. If your Check-In date is less than 30 days from the date you are making the reservation, full payment is required. The balance is due 30 days prior to the arrival date (see paragraph 3 of this agreement for Cancellation Terms). Customers without access to fax or email may have an Agreement sent via US Mail, however, your 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. Occupancy is Based on Two Persons Per Bedroom. If making your request by phone, ask your agent about our convenient "3 PAY PLAN".
    • GuestWeb: For your convenience, you can now access GuestWeb by going to www.BluewaterNC.com. This is a secure site so you can conduct business with us 24/7. You can e-sign your rental agreement, make a payment securely or contact us with questions about your existing reservation. Use this service for safe and guaranteed delivery communications with our Vacation Specialists. We honor Master Card, VISA, American Express, or Discover. You will need your reservation number and ZIP code to access GuestWeb.
  2. FINAL PAYMENT: Your balance due and due date will be included on your receipt confirmation. All reservations must be paid in full within 30 days prior to the arrival date (see paragraph 3 of this agreement for Cancellation Terms) by using our Guest Website. Go to www.BluewaterNC.com to make final payment. You will need your reservation number and zip code. Final Payment will include remaining Rent Balance, any optional rental items (i.e., linens, beach gear) and taxes. Bluewater will place your reservation payments in an interest bearing trust account at PNC Bank (USA), located in Morehead City, NC with such interest earned by the Agent. The Tenant agrees to the advance disbursement of rents to the Owner prior to occupancy (not to exceed fifty percent (50%) of the total rent) and disbursement of fees to Agent to pay for goods, services or benefits secured for the Tenant prior to occupancy. Note: For Reservations made online, acceptance of Travel Insurance is required. To waive Travel Insurance, you must make your reservation by phone at 800-216-6578.
  3. CANCELLATION TERMS: Should Tenant have to cancel for any reason, please notify Agent immediately in writing (fax 252-354-8965, e-mail to Accounting@BluewaterNC.com, or US Mail). If the property is re-rented for the specified period, monies will be refunded less a $125.00 cancellation fee, any discounts/expenses required to re-rent and the Travel Insurance Premium. Agent reserves the right to automatically cancel reservation if payment is not received in full 30 days prior to the arrival date. Failure to cancel in writing may result in charging the final payment to the Tenant’s credit card.
  4. TRAVEL INSURANCE: Travel insurance is automatically added to this Agreement, but is optional. We strongly recommend it to cover your investment should you have to cancel your reservation plans, but please note the coverage is limited. If you choose to decline travel insurance initial where indicated on the Agreement, but remember refunds will not be given in the event of unforeseen cancellations unless the property is re-rented. This includes hurricane evacuations. To purchase this plan and qualify for the pre-existing conditions Exclusion Waiver, you must purchase this plan prior to or with your final payment. For more information, visit the Red Sky Travel Insurance website by going to www.redskyinsurance.com and click on the Trip Preserver™ link.
    1. 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 s required; it is not optional. Agent reserves the right to prepare property for impending danger at their discretion to include installation of storm shutters and securing all outdoor items.
  5. 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. While Bluewater does not require a security deposit, Tenant is still responsible, and will not be released from liability for damage due to the following:
    1. Intentional, willful, reckless, or malicious acts of the Tenant or others on the premises during the tenancy.
    2. Excessive damage by pets.
    3. Theft from the premises of the owner’s property.
    4. Gross negligence of Tenant or intentional misuse of furnishings, appliances, equipment, or other amenities provided within the home.
    5. Damage caused while under the influence of alcohol or drugs.
    6. Damages to real property resulting from operation of any motorized vehicle by a Tenant.
    7. Damages related to smoking in “NO smoking” homes.
    8. Damages related to tampering with “Irrigation Systems and Controls” or “Audio / Video / Internet wiring or component programming” within a property.

    Coverage is limited to tenancies of 30 days or less.

    Some charges may apply if departure procedures are not followed.

  6. CHECK IN/CHECK OUT:
    • If you are checking in at our Emerald Isle Office: Check-in is no earlier than 3:00 PM EST at the Bluewater Vacation Rental Office located at 200 Mangrove Drive. During the summer there is drive-through service for your convenience. GPS to 34.662800, -77.042000. After Hours Check-In: If you are arriving between November 1 and February 28, your keys will be left outside to the right of the Vacation Rental Office front door in the After Hours Lock Box. The combination to the lock box is 0 0 0 0 (four zeros). Please leave the cabinet locked and scramble the combination. Our Office # is 252 354 2323 or 888 258 9287. Emergency Maintenance Services and Emergency Housekeeping Linen Services are available after hours by calling 252 354 2323. If you are arriving between March 1 and October 31, your keys may be picked up at The Islander Suites front desk, 102 Islander Drive, office # is 252 354 3464 or 800 354 3464. From Emerald Drive ( NC 58 ), between mile marker 20 ½ and 21, turn South on Islander Drive. The Islander Suites is at the end of Islander Drive, GPS to 34.656986,-77.055867. Islander Drive is 0.8 miles WEST of Mangrove Drive.
    • If you are checking in at our Atlantic Beach Office: Check-in is no earlier than 3:00 PM EST at the Bluewater Vacation Rental Office located at 610 Atlantic Beach Causeway Road. GPS to 34.708500, -76.737000. After Hours Check-In: Your keys will be left outside to the right of the front door in a metal lock box. The combination to the lock box is Ø Ø Ø (three zeros). Our Office # is 252-726-3105 or 866-467-3105. Emergency Maintenance Services and Emergency Housekeeping Linen Services are available after hours by calling 252-354-2323. Check-out is no later than 10:00 AM EST. Return your key packet to the Bluewater Vacation Rental Office located at 610 Atlantic Beach Causeway Road. We also have a drop slot in the front window for early Check-outs. No occupancy of the property, including driveways, parking areas, decks, pools or outside showers will be allowed after check-out.
    • If you are staying at Sand Island Refuge: Check-in is no earlier than 3:00 PM EST at Casper's Marina, 301 South Water Street, Swansboro, NC. Casper's Marina phone number is (910) 326-4462. Our Office # is (252) 354-2323 or 866-231-5892. No occupancy of the property, including docks, pools or outside showers will be allowed prior to check-in. GPS to 34.686100, -77.122000. Check-out is at 10:00 AM EST, at Casper's Marina, 301 South Water Street, Swansboro, NC. No occupancy of the property, including docks, pools or outside showers will be allowed after to check-out.
  7. FAMILY GROUPS: Agent is authorized to rent only to family groups. Agent will not rent to school or civic groups or fraternities even if chaperoned by adults. Groups renting under false pretenses will be evicted under the Expedited Eviction Act of NC without refund. Over-occupancy is considered a SERIOUS BREACH of this lease. Hosting parties, RV’s or campers, and subletting are not permitted and are Grounds for Eviction.
  8. 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, bedspreads, and pillows. You will need to bring all paper products (including toilet paper), soaps, staple and personal items and linens (unless linens provided) including kitchen linens. Agent offers the opportunity for Tenant to rent linens and towels, beach gear, 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.
  9. PET POLICY: Most properties do not allow pets anywhere on their property, including on the deck or in the yard. If the property you have rented allows dogs, 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 guest 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.
  10. CONDITION OF PROPERTY: Agent makes every effort to provide accurate information about the rental property. The Vacation Guide and Internet site 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 N.C.G.S. 42A-17(b).
  11. 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). 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. There will be a $50.00 fee for providing entry to guests that lock themselves out of their vacation home during non-business hours.
  12. PERSONAL ITEMS: Items left by Tenant upon departure are not the Agent’s responsibility. Discovered lost items will be returned if reported prior to fourteen (14) days of departure. Tenant shall pay all shipping, handling and postage for all returned items prior to shipping. We will ship item(s) by UPS Ground, unless special expedited shipment is requested. Bluewater provides the Lost and Found Service as a courtesy; however we do reserve the right to charge a fee up to and including $50 for additional services required to retrieve your item(s).
  13. POOLS, HOT TUBS, BOATS, GOLF CARTS & ELEVATORS: If the Property is equipped with a community or private golf cart, boat, pool, hot tub, or elevator, Tenant hereby accepts and agrees to the following:
    1. Tenant shall ensure use in a safe manner at all times and that juvenile use is supervised by an adult.
    2. 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.
    3. 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's 19 & 20 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.

  14. PARKING: Parking is limited at most properties. Most condo complexes allow parking for two vehicles per rental unit and may require you to check in at an on-site office. Some condominium complexes require parking passes that will be issued at check-in. Cottage parking is limited to the driveway area only (parking on grass is never allowed unless specified by the owner). No motor homes or campers are allowed on the property.
  15. 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 beds made. 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. If Tenant rented linens from Agent or if linens were provided with the property, they must be removed from beds and put in the provided duffel bag then placed near the main entrance. The duffel bag will be in the laundry area or kitchen. If tenant is unable to locate the duffel bag, 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.
  16. 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.
  17. 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 failure of Agent or owner to comply with the North Carolina 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 improvement thereto as Agent or owner may deem appropriate, or to show the 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.
  18. ADDITIONAL PROVISIONS/DISCLOSURES:
    1. Tenant acknowledges that Agent may have an ownership interest in some properties.
    2. Agent is paid a commission on the Travel Insurance, and may also receive commissions from other vendors.
    3. Rearranging of the furniture is not permitted nor moving indoor furniture outside.
    4. Grilling shall not be allowed on decks, porches or close to the house and Tenant is responsible for leaving grill clean.
    5. 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. Where offered, telephone service is provided by the Property Owner.
    6. If a telephone is available on the Property, Tenant shall be responsible for all toll or internet calls.
    7. 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.
    8. Henna Tattoos nor Fireworks are 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.
    9. The Town of Emerald Isle has adopted a new ordinance that requires all unattended beach equipment (including shade tents, canopies, volleyball nets, chairs, umbrellas, etc.) be removed from the beach each night. All unattended items left on the beach between 7:00 PM and 8:00 AM are now illegal and will be confiscated and removed by town staff.
    10. 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 Carteret 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.
    11. 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. Bluewater is not an Internet Service Provider (ISP), and as such, Bluewater 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, worms, 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.
    12. Tenant will be held liable for extra cleaning charges and for damages involved in Smoking inside a Non-Smoking property.
  19. PROPERTIES WITH A PRIVATE POOL AND/OR HOT TUB: By executing this Vacation Rental Agreement you are agreeing to the terms of the Pool and/or Hot Tub Addendum. For a copy of these Addendums please go to www.BluewaterNC.com | RENTALS HOME PAGE | VACATION RENTALS and then view under VACATION RENTAL INFORMATION. You may call our office at 800-216-6578 to request a copy be faxed, emailed or mailed to you. Should the price of propane significantly increase, the pool heating fee may be adjusted accordingly.
  20. PROPERTIES WITH A GOLF CART: By executing this Vacation Rental Agreement you are agreeing to the terms of the Golf Cart Addendum. For a copy of this Addendum please go to www.BluewaterNC.com | RENTALS HOME PAGE | VACATION RENTALS and then view under VACATION RENTAL INFORMATION. You may call our office at 800-216-6578 to request a copy be faxed, emailed or mailed to you.
  21. PEST CONTROL: Our tropical environment and weather conditions can create inconveniences with bugs. Our owners are required to have Pest Control Service. Should you experience any issues, we can arrange for a service call, but no refunds would apply to rents.
  22. TAXES: Should any government agency, local, county, state, or federal, change or add a new tax prior to occupancy and required to be collected by Agent, guest will be required to pay prior to occupancy.
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