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 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.  NO PETS ALLOWED.

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.

l. TENTATIVE RESERVATIONS. Reservations for a given year will be taken on a first-come, first served basis beginning Jan. 2, of the year prior. We will require a $200 tentative advance payment for each week, which will be applied toward the new rate. We will bill you for the payment. All tentative reservations are subject to rate change, cottage availability, owner's first right to choose weeks and changes that may occur to the cottage itself. This payment is not refundable or transferable unless the unit re-rents for the same dates canceled. All cancellations will be charged a cancellation fee of 15% (minimum $200) of the total rental rate.

2. OFFICE HOURS. Brunswickland Realty is open from 9:00 a.m. to 5:00 p.m. seven days a week and 9 a.m. to 6 p.m. Saturdays mid-June to mid-August. We accept reservations by telephone (910) 842-6949, (800) 842-6949, on-line www.brunswicklandrealty.com or in person.  Winter and holiday hours may vary.

3. ADVANCE PAYMENTS. With the exception of tentative reservations, a rental lease agreement will be mailed 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 plus tax, plus the trip insurance amount, within 10 days of the date your reservation is made. Advance payments can be paid by personal check, certified or cashiers check, cash or money order. Upon our receipt of the advance rental payment and signed rental lease agreement, your reservation is confirmed. If your lease and rental agreement are not received by our office within 10 days, or issued deadline date, your reservation will be canceled without further notice. All payments must be made in US funds. A $35.00 service charge plus tax will be added to all returned checks. Your payment and the service charge must be paid immediately by certified check, money order, or cashiers check, to avoid cancellation. ALL TENTATIVE, ADVANCED PAYMENTS, DEPOSITS AND FEES WILL BE HELD IN AN INTEREST BEARING RENTAL TRUST ACCOUNT WITH 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 the advance rental payment (up to 50% of the total rent to be paid by the tenant) prior to occupancy and will hold all remaining funds 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 owners interest in the property. Brunswickland Realty is also authorized to disperse any and all fees in advance of occupancy.

 4. Balances. The balance of your rental money (including security deposit and taxes) is due in our office at least 30 days prior to your arrival. Your lease agreement is your final billing notice. 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. For reservation made within 30 days of arrival date only personal NC checks, certified funds, money order or cash will be accepted.

 5. CHECK-IN. Check-in time is 4:00 p.m. on the day indicated on your confirmation. ABSOLUTELY NO EARLY CHECK-INS. Please check in at our office before going to your cottage! If your car is parked in the driveway of the cottage, it may delay the cleaning and inspection of the home and delay your check-in time. Keys will be made available for all late arrivals. All balances must be paid in full for late check-ins.

 6. CHECK-OUT. Check-out time is 10:00 a.m. on the last day of occupancy, indicated on your confirmation. (Sorry, No Exceptions) Before you leave, please do the following: 1-Take out all trash to outside receptacles & take to street. 2. Wash all dishes & put away. 3. Remove all food from refrigerator & cabinets. 4. Remake the beds. 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 and 55 during cold weather. 8. Turn off all inside and outside lights. 9. Turn in keys to our office by 10:00 a.m.

 7. OCCUPANCY CAPACITY. Each cottage listing includes the maximum capacity. We ask that in making your reservations, you consider all family members. Extra beds in a property are there for convenience & versatility, not for additional guests! Overcrowding is not permitted! If guests overcrowd a property, Brunswickland Realty reserves the right to refuse occupancy or terminate the guest tenancy, with no refund of rental money. Property capacity will be enforced 24 hours a day. (No "Gatherings" allowed). No campers, tents, vans, buses, etc. may be used in conjunction with a rental unit to increase capacity. Subletting is also not allowed.

 8. OFFICE LOCATION. Our office is located at the foot of the bridge on the oceanfront. You can't miss us!

 9. WEEKEND RENTALS. We offer weekend rental in the spring and fall seasons with a minimum of two (2) nights. Please call the office for nightly rates to determine if a cottage is available for you. Summer weekend rental is offered, however the reservation cannot be made before Wednesday for the coming week

10. 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 and 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) and processing fee plus taxes on both and the trip insurance premium. All refunds will be made within 60 days after receipt of entire balance due on new reservations, on same property for the same rental period at the same rental rate. If the property is not re-rented under the conditions stated above, all Moneys will be forfeited, except for security deposit and tax on rental. Brunswickland Realty reserves the right to re-rent the property at a reduced rate on behalf of the property owner.

11. 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 or wireless internet) on the premises of any rental property are guaranteed. There will be no refunds. Please also see items #23, #25, #30 & #35. We reserve the right to assess any situation in accordance to the owner's wishes and/or availability of service vendors. Refrigerators 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.

12. SECURITY DEPOSITS. There is a $200.00 to $1500.00 cash security deposit required on all rentals.   Credit cards will not be accepted for security deposits.  Your deposit will be refunded to you by company check and mailed to you provided the cottage is left in good condition, no items are missing, no damage has occurred and no expenses to the owner have resulted from 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. If not reported, we will assume these occurred during your stay. Allow 45 days from day of departure for refund.

13. CLEANING. A complete maid service is done upon your departure. Each guest us responsible for the required departure items stated in policy #6 above. Unusually heavy cleaning or properties left "trashed" are subject to held security deposit for those damages.

14. PROCESSING FEE. A $50.00  processing fee will be charged for each reservation. Processing fee plus tax is due and payable when advance payment is made. This processing fee is shown on your lease agreement and is non-refundable for any reason.

15. 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 based on cottage.  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, only 1 dog per reservation is allowed.

16. 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.

17. HOUSE FOR SALE. Occasionally a rental house may go on the market for sale. We reserve the right to show the property to buyers. We will make every effort to schedule the showing(s) at a convenient time and try not to interrupt your vacation. Brunswickland Realty, the owner or their representatives have the right to enter premises during tenancy to inspect, make repairs, or show property for sale. Your cooperation is appreciated.

18. MAIL. All mail and messages will be placed in a mailbox inside our office. If you are having mail sent to you, please be sure to tell the sender to put your name and unit number on the envelope and have it addressed to our office. It is the responsibility of the guest to check for mail and messages. No messages will be delivered. CALLING PARTIES WILL BE GIVEN THE TELEPHONE NUMBER TO YOUR COTTAGE.

19. HOUSE PARTIES. None of the cottages shown are available for rent to house parties, sororities, high school students, minors or college groups, chaperoned groups, church youth groups, or other large groups. If property is rented to a house party without our knowledge, admittance will not be permitted and all Moneys forfeited. Brunswickland Realty reserves the right to have the tenants and theirs guests evicted from the premises if a house party develops. Brunswickland Realty reserves the right to refuse occupancy to these groups or persons they deem detrimental to the premises.

20. TELEPHONE USE. Most, but not all of our cottages have telephone service available for your convenience. Many units are equipped with toll-restricted phones for long distance service. Outgoing collect calls, credit card calls, and local calls only, please. Computer, internet, e-mail or faxing calls are not accessible to or from the cottages. Phone bills resulting from action by the tenant are subject to an additional $10.00 administrative fee, paid to Brunswickland Realty, and resulting charges from any toll calls plus tax may be deducted from your security deposit.

21. ITEMS NOT FURNISHED. Linens, (sheets, 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. Guests are required to provide their own.

22. PERSONAL PROPERTY. Personal property left in the cottage by the guest during and after occupancy is not the responsibility of Brunswickland Realty. Weapons are not allowed in any of the 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.

23. POLICY. Brunswickland Realty is not responsible for any circumstances beyond our control, such as but not limited to: disturbances on nearby properties or same property (duplex), construction, sewer or utility installation, closed strand, ocean conditions, high or low tides, depth of water, weather or acts of nature.

24. TAXES. There will be a 7% state sales tax and a 6% town and county occupancy tax charged on all rentals rates and fees, totaling 13%. 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.

25. NO SMOKING UNITS. Some units offered are non-smoking units. This, however 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.

26. PARKING. Cottage parking spaces are limited. Call for details. No large motor homes buses or trucks are allowed on cottage premises. Damages or citations resulting from guest's actions will be the sole responsibility of the guest.

27. LOCKED CLOSETS. Locked closets, utility rooms, storage rooms and garages are private and may contain owner's personal property. Please respect these locked areas, as they are not included as part of your rental. If these areas are found unlocked, damaged or have items missing your security deposit will be charged.

28. GRILLING. Grilling on the decks 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 disposal of ashes. Any damage resulting from grills will be taken from security deposit.

29. EMERGENCIES. Phone numbers are posted on our office doors for after hour emergencies with the home. Air conditioning, television, and appliance failures are not considered emergencies. Please contact our office the following morning to have these items serviced. 911 service is now in operation. The non-emergency police dispatch number is (910) 253-7490 or (910) 842-6707.

30. BAD WEATHER POLICY. Brunswickland Realty will NOT issue refunds of Moneys (rent, tax, reservation fees, trip insurance) 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.

31. TRIP INSURANCE. Trip cancellation/interruption insurance charges 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. Then subtract the amount when making advance payment. We highly recommend the purchase of this coverage for financial losses of the rent you may incur because of unforeseen circumstances, illness and injuries-it even includes 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 see the brochure outlying benefits, exclusions, and limitations included with your rental lease.

32. 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.

33. 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. 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.

34. 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 housed 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.

35. SWIMMING POOLS/HOT TUBS/ELEVATORS/SPECIAL EQUIPTMENT.  Many properties now have pools/hot tubs/whirlpools/Jacuzzi or special equipment.  These amenities and appliances can not be guaranteed to be in good working order.  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.  Due to the nature of safety and responsibility of the guests for these amenities, there may be an additional 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 that happens during their stay.  Additionally no portable or kiddie pools are allowed in or on property or decking.

36. DISCLOSURE. By NC Law, an agent must notify you that 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.

37. 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. 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. You will be notified within 10 days of a property transfer, with the date of sale, and the name and address of the new owner of the unit you have rented. You will also be advised at that time if the rental is within the time-frame stated above and whether or not a refund or transfer is in order. 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.

38. 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.

39. ERRORS IN PRINTING.  While every effort has been taken to ensure the information on our agreement, in our vacation planner and features and description listed on our website are accurate, 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.

40. 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.

41. SUBLETTING OR ASSIGNMENT- None is allowed.

42. FAIR HOUSING.  Brunswickland Realty conducts business without respect to race, color, religion, sex, national origin, handicap, or family status of tenant.

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