Holden Beach Vacation Rentals

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Holden Beach Real Estate

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Vacation Rentals Holden Beach NC


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ABOUT RENTING…Please read the confirmation data and advise us if any corrections are necessary. It is important that you review the rental agreement in full. Note: This form is preprinted and subject to change.
 
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.
 
I the renter fully understand that this property is privately owned and that the management reserves the right to refuse service to anyone. The management firm and the owner will be indemnified and held harmless 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 act of management firm or owner.   It is the responsibility of each guest to check/test the smoke alarms upon arrival, keep the home locked and secured at all time, as well as to watch over the well-being of all members of his/her party. There are no lifeguards on Holden Beach, so watch your children carefully.  The management firm and the owner also will not be responsible for loss of money, jewelry, or valuables of any kind. I fully understand that any damage done to the rental unit is my responsibility. I also agree to leave the unit reasonably clean and in good order. 
 
The management firm shall conduct all brokerage activities in regard to this agreement without respect to the race, color, religion, sex, national origin, handicap or familial status of any tenant. Brunswickland Realty complies with all state and federal fair housing laws.
 
 1. CANCELLATIONS AND TRANSFERS. In the event there is a cancellation or a transfer of a confirmed rental for any reason, Brunswickland Realty must be notified in writing, email or fax.  We will make every reasonable effort to re-rent the property. If the property is re-rented for the original lease amount, tenant will receive a refund of the payment made less 18% of the total rent ($200.00 minimum), reservation fee, applicable taxes and the trip insurance premium. Refunds will be made within 60 days after receipt of entire balance due on new reservations, on same property, same rental period, same rental rate, otherwise no refund will be issued.  Brunswickland Realty reserves the right to re-rent the property at a reduced rate on behalf of the property owner and to cancel overdue payment reservations without notification.  Please see #29 for Trip Insurance Protection available.

2. TENTATIVE RESERVATIONS. Reservations for a given year will be taken on a first-come, first serve basis beginning Jan. 2, of the year prior. We require a $200 tentative advance payment for each week at the time of booking, which is applied toward the new rate. All tentative reservations are subject to rate change, cottage availability, schedule changes, owner's first right to choose weeks and changes that may occur to the cottage itself. Payment is not refundable or transferable. All cancellations are charged a cancellation fee of 18% (minimum $200) of the total rental rate. Tentative Discount-Select properties now offer a 10% discount off the published rate, by booking tentatively.  Sorry no transfers.

3. OFFICE HOURS. Brunswickland Realty is open 9:00 a.m. to 5:00 p.m. seven days a week and 9 a.m. to 6 p.m. Saturday’s mid-June to mid-August. We accept reservations by phone, (800) 842-6949, on-line www.brunswicklandrealty.com or in person.  Winter and holiday hours may vary.

4. ADVANCE PAYMENTS. All reservations require a $200 deposit at time of booking, then a rental lease agreement will be mailed/emailed to you immediately. The rental lease agreement must be signed by you and returned to our office with your advance rental payment of 50% of the weekly rental amount plus a processing fee, tax, trip insurance, by the due date, time permitting. Advance payments can be paid by personal, certified/cashier’s check, cash, credit card or money order. Upon receipt of payment and signed agreement, your reservation is confirmed. If lease and agreement are not received by due date, your reservation will be canceled without further notice. All payments must be made in US funds. Returned (NSF) check fee is $35.00 plus tax. Your payment and NSF fee must be paid immediately by certified check, money order, or cashiers check, to avoid cancellation. ALL ADVANCED PAYMENTS WILL BE HELD IN AN INTEREST EARNING RENTAL TRUST ACCOUNT WITH ANY ACCRUED INTEREST EARNED BY AGENT. ALL TRUST ACCOUNTS ARE DEPOSITED WITH BRANCH BANKING & TRUST, 3226 HOLDEN BEACH RD, SUPPLY, NC.  Brunswickland Realty is authorized to dispersed up to 50% of the total rent to the owner, (or as owner directs) prior to tenant’s occupancy of the premises as allowed under the Vacation Rental Act, as well as the balance of rent upon the start of the tenancy.  All remaining funds will be held in escrow, until either the commencement of the tenancy, a material breach of the agreement by the tenant, a refund to the tenant or if the property is unavailable for rent and the funds are transferred upon termination of the owner’s interest in the property. Brunswickland Realty is also authorized to disperse any and all fees in advance of occupancy. 

 5. BALANCES. Your lease agreement is your final billing notice and will list the date final payment will be due. You will not receive an additional balance due notification prior to arrival, so be sure to mark your calendar! You may pay with personal check if final payment is received 30 days prior to your arrival date.  A late fee of $55.00 will be accessed to all accounts that are not paid in full 30 days in advance.   For reservations made within 30 days of arrival, balance must be paid in full at time of booking.  Only personal NC checks, certified funds, money order, credit card or cash will be accepted.

 6. CHECK-IN. Check-In is between 4-6 PM on the day indicated on your confirmation.  ABSOLUTELY NO EARLY CHECK-INS.  We will do our best to ensure that all properties are clean and ready for occupancy by 4:00 PM. However, it may be necessary to delay occupancy until the property is ready. There are no refunds for late occupancy. Please do not go to the property before checking in.  Parking at the property prior to check-in may delay cleaning and inspection services and prolong your check-in. Two keys are provided per rental unit upon check-in.  The key box code is located on your rental lease agreement for late arrivals. All balances must be paid in full for late check-ins.

7. CHECK-OUT. Check-out time is 10:00 a.m. sharp on the last day of occupancy. (Sorry, No Exceptions). Late check outs are subject to a late check-out fee of $200 per hour plus tax during the summer months.  Before you leave, you are required to do the following: 1-Take out all trash and or recyclables (where provided) to outside receptacles & take to street. 2. Wash all dishes & put away. 3. Remove all food from refrigerator & cabinets. 4. Remove bed linen (not mattress protectors or mattress pads or pillow protectors) and remake beds and re-bag linen if provided by a service. 5. Leave all furniture in its original position. 6. Lock and secure all windows and doors. 7. Leave a/c on 76 during warm weather & 55 during cold weather. 8. Turn off all inside & outside lights. 9. Turn in keys to our office by 10:00 a.m.

8. OCCUPANCY CAPACITY. Each cottage listing includes the maximum capacity. Extra beds in a property are there for convenience & versatility, not additional guests! Overcrowding is not permitted! Brunswickland Realty does not discriminate on the basis of race, religion, ethnic background or national origin, sex, age or mental or physical disability. Brunswickland will rent to non-family groups only on a prior approval basis. We will not rent property to anyone under the age of 24, or allow anyone under the age of 24 to take possession of any rental property without the presence of a responsible party who is physically present and at least 24 year old.  If a house party or overcrowding occurs, Brunswickland Realty reserves the right to refuse occupancy, to have the tenants and their guests evicted from the premises and terminate the guest tenancy, with no refund of rental money or security deposit. Property capacity will be enforced 24 hours a day. (No "Gatherings" or Weddings allowed without prior permission or additional charges and forfeiture of security deposit will apply). No campers, tents, vans, buses, etc. may be used in conjunction with a rental unit to increase capacity. SUBLETTING OR ASSIGNMENT is also not allowed.

9. PARTIAL WEEK/WEEKEND RENTALS. Many homes allow partial week or weekend rental with a minimum of two (2) nights, closer to date of arrival. Please call the office for availability and nightly rates.

10. REFUNDS ON BREAKDOWNS. No items such as, but not limited to, appliances, air conditioner, hot tub, pool, elevator, grill, docks or any other amenity or utility (phone, TV cable, internet) on the premises of any rental property are guaranteed.  We do not issue refunds for unwanted pests (bugs) due to high traffic thru open windows and doors and our tropical environment which prevents the guarantee that you will not be bothered by them.  There will be no refunds, cancellations or transfers.  Please also see items #5, #21, #23, #28, #29, & #33. We reserve the right to assess any situation in accordance to the owner's wishes and/or availability of service vendors. Refrigerators (set to medium) and air conditioning units need a full 24 hours to re-stabilize after you check-in. No service calls will be processed within that time for these appliances unless guest pays the expense if no problem is found.

10. SECURITY DEPOSITS. A security deposit is required on all rentals.   The deposit will be refunded by company check and mailed or credited back to your credit card, provided the cottage is left in good condition, no items are missing including batteries from remotes, no damage has occurred and no service calls or expenses to the owner have resulted from:  moving or disconnecting electronics or furniture, smoking in a NON SMOKING property, having a pet in a NO PETS property or pet damage or additional cleanup, late check-out or late payment, overcrowding, house parties, unauthorized weddings or “gatherings”, exceptionally dirty or not adhering to the requirements of duties by guest prior to check out, non-standard departure clean, long distant phone calls, cable charges, etc. The security deposit may be applied to actual damages caused by you, as permitted under the Tenant Security Deposit Act. Should damages occur that exceed the amount of the security deposit, the remaining balance will be billed to and paid by the guest. Please register and report any problems, un-cleanliness, or damage in your property the day of check-in, or you can/will be held responsible.  Allow 45 days from day of departure for refund.

12. CLEANING. A complete maid service is done upon your departure. Each guest is responsible for the required departure items stated in policy #7 above. Reservations for more than 7 days will have additional cleaning charges added to the cost of the rental.  Unusually heavy cleaning or properties left "trashed" are subject to held security deposit for those expenses/damages.

13. RESERVATION PROCESSING FEE. A processing fee will be charged for each reservation. Processing fee plus tax is due and payable with advance payment and is non-refundable.

14. PETS. No Pets of any kind are allowed inside or outside any cottage or apartment that has the No Pets Policy. No exceptions. We will refuse occupancy if a pet is brought and all Moneys will be forfeited. If evidence of a pets is found (hair, fleas, damage) those damages will be deducted from your security deposit, in addition to an added pet fee of $200.00 plus taxes.  Only dogs for the visually, mobility or hearing impaired persons with proper identification are allowed in a No Pets property.   In a “Pets Allowed Property” with a Pet Fee per week, only 1 small dog per reservation is allowed and the same policy stated above applies for damages and expenses to the owner.

15. OWNER CANCELLATION. In the event a unit is made unavailable for rent, by the owner prior to guest check-in, the agency will make a good faith effort to relocate the guest, but if the replacement unit is more expensive, guest agrees to pay difference. Otherwise all payments made by guest will be refunded. Neither management firm nor owner will be liable for any damages of any sort incurred by tenant as a result of such cancellation. Time permitting; we will endeavor to notify the tenant of the change.

16. HOUSE FOR SALE/PROPERTYACCESS. We reserve the right to show the property to buyers. We will make every effort to schedule the showing(s) at a convenient time. Brunswickland Realty, assigned contractors, the owner, or their representatives have the right to enter premises during tenancy to inspect, maintenance, make repairs or show property for sale. Your cooperation is appreciated.

17. MAIL. All mail and messages will be placed in a mailbox inside our office. It is the responsibility of the guest to check for mail and messages. No messages will be delivered. INQUIRING PARTIES WILL BE GIVEN THE TELEPHONE NUMBER TO YOUR COTTAGE.

18. TELEPHONE USE. Not all of our cottages have telephone service available.  Most units that do are equipped with a toll-restriction on the phone line and allow only local calls.  Cell phone, Internet, e-mail or faxing calls may not be accessible to or from the cottages. Phone bills by the tenant are subject to an additional $25.00 fee, and resulting charges may be deducted from your security deposit.

19. BED LINENS/ ITEMS NOT FURNISHED. Linens, (sheets, pillow cases, mattress covers, towels, wash cloths, dish cloths, blankets) paper products, tissues, trash bags, cleaning products, dishwasher liquid, and soap are not furnished in any unit. (Unless otherwise advertised).  Guests are required to provide their own.  Bed linens (sheets/pillow cases) 1 set per bed are provided on select advertised properties for duration of stay, weekly rentals only.  NO TOWELS-BEDS NOT MADE.  Guest required to bag linens & make ready for pick on check out day. A few properties now advertise a new service called “Star Treatment”.  This includes bed sheets & one towel set per person for duration of stay, weekly rentals only.  Beds are made prior to arriving guests.  Also provided is a “start-up” supply of soaps, tissue & 1st morning coffee setup.   Security deposit will be charged for missing stained or damaged linens or mattress pads, and linens not properly bagged.  

20. PERSONAL PROPERTY. Personal property left in the cottage by the guest during and after occupancy is not the responsibility of Brunswickland Realty. At guest request, we will mail COD plus handling charge.  Unclaimed items will be disposed of after 30 days.  Weapons are not allowed in any units. The guest will be responsible for items left behind that could endanger the next occupant. Brunswickland Realty will not be held liable for previous renter’s negligence.

21. POLICY. Brunswickland Realty is not responsible for any circumstances beyond our control and will not refund monies for the following, such as but not limited to: disturbances on nearby properties or same property (duplex), construction, utility installation, closed strand, strand or ocean conditions, high or low tides, depth of water, distances to the beach, beach re-nourishment projects, views from homes or lack thereof, power blackouts, water shortage, flooding, weather or acts of nature or any other potentially dangerous situations.

22. TAXES. There will be a 6.75% state sales tax and a 6.% town and county occupancy tax charged on all rentals rates and fees, totaling 12.75%. Tax rates are subject to change and you will be notified upon arrival of additional tax changes and charges, if any. All taxes will be disbursed either upon commencement of the reservation, termination of the tenancy or material breach of the agreement.

23. NO SMOKING UNITS. Many units offered are non-smoking units. If evidence of smoke, odors or damage is found upon your departure, your full security deposit will be held to cover the cost of ozone treatment and damages, loss rents to owner and guest will be responsible for any expenses over security deposit amount.  However, Brunswickland Realty does not guarantee that any unit will be smoke-free. Brunswickland Realty will not warrant any unit to be free from allergy causing agents such as smoke, molds mildew, dust etc. Due to our warm and moist climate, rental guests with pre-existing health conditions or allergies are advised that no guarantees can be made to ensure air condition units will be adequate and comforts levels will be satisfactory to our guest.  Pipes or Cigars are not allowed in any units, smoking or non smoking.

24. HANDICAPPED FRIENDLY/ PARKING.  None of our homes are ADA approved.  However, some are handicapped friendly and offer elevators or ramps from ground floor.   Cottage parking spaces are limited. Parking is not allowed on Ocean Blvd.  Call for details. No motor homes, buses or trucks are allowed on cottage premises. Hook-ups of any kind to the cottage are not allowed.  Damages or citations resulting from guest's actions will be the sole responsibility of the guest.

25. LOCKED CLOSETS. Locked closets, utility rooms, storage rooms and garages are private and may contain owner's personal property. Please respect these locked areas.  If these areas are found unlocked, damaged or have items missing, your security deposit will be charged.

26. GRILLING. Grilling on the decks or porches, under cottage or decks or within 10 feet of structure is strictly prohibited. Please grill on the concrete or in designated areas. Guest is responsible for the clean-up of the grill and the grilling area and safe disposal of ashes. Any damage/expenses resulting from grills will be taken from security deposit.

27. EMERGENCIES. The after hours emergency number can be obtained by calling our office (910) 842-6949 and pressing ext. #1, listen for the current emergency phone number & instructions. Air conditioning, television, and appliance failures are not considered emergencies. Please contact our office the following morning to have these items serviced. For all medical, fire or water emergencies, please dial 911.  The non-emergency Holden Beach Police number is (910) 842-6707.

28. BAD WEATHER POLICY. Brunswickland Realty will NOT issue refunds of Moneys due to undesirable weather, "Closed beach", flooded or damaged roadways or other conditions beyond our control. No refunds will be issued for a mandatory town ordered hurricane evacuation. Please see trip insurance.

29. TRIP INSURANCE. Trip cancellation/interruption insurance charges of 6.5% are automatically added to your advance rent payment. If you do not wish to purchase coverage, you may delete the charge by marking through and initialing where indicated on your lease, and then subtract the amount when making advance payment. We highly recommend the purchase of this coverage for financial losses you may incur because of unforeseen circumstances, illness and injuries-and yes, even coverage for mandatory hurricane evacuations and closed beach. Trip insurance cannot be deleted on the final payment. The trip insurance is due with your advance payment. For details, please see the CSA website, www.vacationrentalinsurance.com or brochure outlying benefits, exclusions, and limitations included with your rental lease.

30. TOWN OF HOLDEN BEACH REGULATIONS. A complete list of all local Town rules, regulations and fines can be picked up at the Town Hall, located on Rothschild St. or may be viewed on-line at www.hbtownhall.com

31. MAINTENANCE RESPONSIBILITIES OF THE GUEST. The rental guest is required to and responsible for the following: Keeping the unit as clean and safe as the conditions of the property permit and cause no unsafe or unsanitary condition in or on the unit. Dispose of all garbage and waste in a clean and safe manner. Keep all plumbing fixtures in the property or used by the tenant as clean as their condition permits. Not deliberately or negligently destroy, deface, damage, or remove any part of the property or render inoperable the smoke detector provided by the owner or knowingly permit any person to do so. Comply with all the current applicable building and housing codes. Be responsible for all damage, defacement, or removal of any property inside the unit that is in his or her exclusive control unless the damage, defacement, or removal was due to ordinary wear and tear, acts of the landlord or his agent, defective products supplied or repairs authorized by the landlord, acts of third parties not invitees of the tenant or natural forces. Notifying the owner/agent in writing of the need to replace or repair the smoke detector and replace the batteries as needed, (Batteries will be provided by our office). Subleasing and commercial use of the property is not allowed. The agent reserves the right to enter the property at anytime to facilitate any needed attention to the property.

32. MAINTENANCE RESPONSIBILITIES OF THE OWNER. The owner of the unit is required to provide to their guest the following: To comply with all current applicable building and housing codes. Make repairs and do whatever is reasonably necessary to put and keep the property in fit and habitable condition. Keep all common areas of the property in safe condition. Maintain in good and safe working order and reasonably and promptly repair all electrical, plumbing, sanitary, heating, ventilating, and other facilities and major appliances supplied by them upon written notification from the guest that repairs are needed. Provide working smoke-detectors, replace or repair the smoke detectors if the owner is notified in writing that repair is needed and annually place new batteries in battery-operated smoke detector. At the time the guest is to begin occupancy of the property, if 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 and agent shall refund to the guest all payments made by the guest.

33. SWIMMING POOLS/HOT TUBS/ELEVATORS/SPECIAL EQUIPTMENT.  Many properties have pools/hot tubs/whirlpools/Jacuzzi or special equipment.  Every effort will be made to have them in good working order but no refunds or discounts will be made in the event they are inoperable during your stay. These amenities and appliances can not be guaranteed to be in good working order.  Due to the nature of safety and responsibility of the guests for these amenities, there may be an additional fee and/or agreement addendum of disclosure and information attached to this agreement that must be signed and returned.  Otherwise, absent of any additional agreement, the guest is responsible for the safety of themselves and all  members of their group.  The guest is also responsible for any damages or misuse to these amenities during their stay.  Additionally, no portable/kiddy pools are allowed in or on property or decking.   POOLS/HOT TUBS- On the day of or prior to your arrival a certified Pool and Spa Operator have prepared and tested the water for proper and safe chemical levels.  Any additional cleaning is at the guest’s expense.  Please discontinue use and call our office immediately if any of the following conditions exists any time during your occupancy:  1-If bottom of tub/pool is not visible and/or water clarity is milky. 2-Misuse of tub/pool by spilling substances (a service call may be charged). 3-If foam collects or forms on the surface when using jets. Children under 15 are not allowed in Hot Tubs. Pets are not allowed in pools or hot tubs.  Violations of this provision shall call for expedited eviction.  Unless otherwise advertised through Brunswickland Realty publications, pools do not include free heat.  Heat may be available at an additional expense for some pools.

34. DISCLOSURE. By North Carolina Law, Brunswickland Realty is employed by and represents the property owner, for the purpose of renting and managing their private property under the terms of this agreement. Brunswickland Realty is authorized to procure commissions and/or percentages for services or goods for the guest provided by outside vendors or service persons. Examples of these services/providers are such items such as but not limited to long distance telephone carrier, phone restriction service, travel protection insurance, housekeeping services, rental linens, charter boats, restaurants, golf courses, and attractions.  Guest acknowledges that Owner of Rental Property may be a licensed real estate agent.

35. SOLD PROPERTIES. In the event a cottage is sold, all confirmed reservation ending within 180 days (six months) from the date the transfer and recording will be honored by the new owner who is required to Notify the tenant in writing of the sale of the premises, provide the buyers name and address and date buyers interest was recorded and advise tenant if they have a right to occupy the premise. All rentals beyond that time are subject to cancellation or transfer by the new owner. Refunds will be given in the event of a cancellation. However, in the event the owner's interest in the property is involuntarily transferred to another, refunds to the guest will be made within 60 days. 

36. EXPEDITED EVICTION. In the event a rental guest does not check out, breach the rental lease agreement, fails to pay rent, or obtains possession of the property by fraud or misrepresentation, the expedited eviction procedures set forth in Article 4 of the Vacation Rental Act will apply. The eviction procedure is effective for all rentals of 30 days or less, but Brunswickland Realty reserves the right to evict guests that are rented beyond the 30 day period.

37. ERRORS IN PRINTING.  While every effort has been taken to ensure the information on our agreement, in our vacation planner and features, description, rates, dates of availability listed on our website are accurate, errors with these as well as changes in amenities, bed sizes, general accommodations, owner reserved weeks or rate increases or reductions can and do happen.  Some changes can occur which are unknown to us or prevent timely notification to the guest.  If an error does exist, we apologize but such errors do not entitle the guest to any refund of money or change of property or week.

38. ENTIRE AGREEMENT.  This agreement includes all of the agreement and no representation, inducements or other provisions are contained in this agreement.  This agreement is binding.  If any party does not understand it, the party should seek legal help.  This agreement shall be governed by and interpreted in accordance with laws of the State of North Carolina.  This agreement shall be treated as though it were executed in the County of Brunswick, State of North Carolina, and were to have been performed in the County of Brunswick, State of North Carolina.  Any action relating to the agreement shall only be instituted and prosecuted in courts in Brunswick County, North Carolina.  Lessee/Tenant specifically consents to such jurisdiction and to extraterritorial service of process

 

 

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If you have any other questions about our rentals, please call us at 1-800-842-6949 or e-mail us for more information!

Brunswickland Realty
123 Ocean Boulevard
Holden Beach, North Carolina, 28462
toll free: 800-842-6949