Please review the reservation details. To finalize your reservation, this 1st page of this Vacation Rental Agreement must be signed and returned electronically, faxed or emailed within 10 days of making your reservation. *** Please make your decision on whether to purchase Travel Insurance or not***
___YES! I would like to purchase Travel Insurance to protect my vacation investment. Insurance is provided by CSA Insurance. Travel insurance covers many cancellation/interruption situations including mandatory evacuations. By NOT selecting this option, you acknowledge you have read and understand Items #28 & #29 of this Agreement. When choosing to purchase Travel Insurance, coverage begins 10 days after initial payment is made. No insurance premium refunds are made after that 10 day wait period. Insurance Coverage Information-click here.
___NO! I do not wish to purchase optional Travel Insurance provided by CSA Insurance. The amount will not be charged to my reservation invoice. I understand and agree to the information in Items #28 & #29 in regard to no refunds for issues that I could have purchased Trip insurance for.
I have read all pages on both sides of this agreement and understand and agree to the contents, which constitute the entire agreement including the Cancellation Policy.
Sincerely, Holden Beach Vacations, INC.
SIGNED:_________________ HOLDEN BEACH VACATIONS____aka HBV___________
Leaseholder Please sign here. Agent: Holden Beach Vacations, INC.
1. CANCELLATIONS AND TRANSFERS. In the event there is a cancellation or a transfer of a confirmed rental for any reason, HBV must be notified by the leaseholder, in writing, email, or fax. We will make every reasonable effort to re-rent the cancelled property. If the cancelled property is re-rented for the original lease amount, tenant will receive a refund of the payment made less $225.00 or less, reservation fee, applicable taxes, elected fees and the trip insurance premium. Refunds will be made within 60 days after receipt of the first paid deposit due on new reservations, on same property, same rental period, and same rental rate; otherwise no refund will be issued due to the availability of Travel Insurance. Any refunds due will be made to the leaseholder. Holden Beach Vacations 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. HBV reserves the right to cancel overdue payment reservations without notification.
PLEASE SEE ITEM #19 IN REGARD TO ITEMS NOT FURNISHED & EXCLUSIONS (LINENS/BATH TOWELS, PAPER PRODUCTS, ETC.).
THIS IS 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.
I, the renter, fully understand this property is privately owned and 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 times, 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, tidy 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. Holden Beach Vacations complies with all state and federal fair housing laws.
Thank you for booking with Holden Beach
2. 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 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 $225 or less.
Tentative Discount- Select properties offer a 10% discount off the published rate, by booking tentatively. Sorry no transfers.
3. OFFICE HOURS AND LOCATION. Holden Beach Vacations is open 9:00 a.m. to 5:00 p.m. 7 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.holdenbeachvacations.com or in person. Winter & holiday hours may vary.
We are located at 123 Ocean Blvd West. Once you have crossed the Holden Beach bridge and come to the stop sign on the island, our office is directly across the street on the oceanfront! You can’t miss us!
4. MAKING RESERVATIONS AND ADVANCE PAYMENTS. Reservations can be made online or you may call us at 800-842-6949. Or you may come by our office. All HBV properties rent from Saturday-Saturday. Rental rates, fees, insurance, taxes and security deposits are all clearly noted in the description of each property online. www.holdenbeachvacations.com . All reservations require an advance rental payment of 50% of the weekly rental amount plus an $80 non-refundable processing fee, tax and trip insurance at the time of booking. A rental lease agreement will be emailed or mailed to you immediately along with a credit card payment receipt. The rental lease agreement must be signed by you and returned to our office either by scanned email or mailed. Advance payments can be paid by personal, certified/cashier’s check, cash, credit card (Visa, MasterCard, AMEX, Discover or Debit card). Payments are processed by Lynnbrook Group. **We are happy to now offer you our convenient “Guest Web” payment portal on our website. By using your registered email and arrival date you can log in to view your reservation statement, view past payments and make payments using a credit or debit card.** 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 $34. Your payment and NSF fee must be paid immediately by credit card, certified or cashier’s check, to avoid cancellation. NSF payments by check or credit card will not be redeposited or charged a second time. 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. Holden Beach Vacations is authorized to disperse 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. Holden Beach Vacations 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 certified funds, credit card or cash will be accepted.
6. CHECK-IN. Check-In is between 4-6 PM during the summer months on the day indicated on your confirmation. ABSOLUTELY NO EARLY CHECK-INS. We will diligently 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 later occupancy. Please do not go to the property before checking in. Parking at the property prior to check-in will delay cleaning and inspection services and prolong your check-in. Two sets of keys are provided per rental unit upon check-in. The key box code is located on your rental lease agreement for late arrivals. Key Box is located at our office, on right side of building.
7. CHECK-OUT. Departure Cleaning is included with your rental of the property. 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. Before you leave, you are required to do the following prior to your departure and turning in keys:
1-Take out all trash and or recyclables (where provided) to outside receptacles & take to street right away the day prior to pick up.
2 -Wash all dishes & put back where they were.
3 -Remove all food from the home, 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. Tenants will be assess a charge of $10 for missing keys. Tenants checking out early, prior to office hours may deposit keys in key box at our office, on right side of building. Failure to complete these tasks will result in forfeiture of the security deposit paid or a portion there of to cover cost to correct.
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! Holden Beach Vacations does not discriminate on the basis of race, religion, ethnic background or national origin, sex, age, or mental or physical disability. Holden Beach Vacations will rent to non-family groups only on a prior approval by property owner basis and an event or group fee/expense may apply. 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 years old. If a house party or overcrowding occurs, Holden Beach Vacations 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 if any renter or occupant violates any of these criteria. Property capacity will be enforced 24 hours a day. (No "Gatherings" or Weddings allowed without property owner’s prior permission). 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. Event/Wedding policy-If your family is planning a wedding you MUST DISCLOSE to HBV and have your request to have a wedding approved by the property owner. Owner and/or Agent have the authority to increase both the rental rate and the security deposit.
9. PARTIAL WEEK/WEEKEND RENTALS. Many homes allow partial week or weekend rentals with a minimum of two (2) nights or more, 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 issues or down time, elevator, grill, docks or any other amenity or utilities (phone, TV, DVD, cable, internet, water, sewer) on the premises of any rental property are guaranteed by HBV. We do not issue refunds for unwanted pests (bugs) from 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 #6, #21, #23, #28, #29, & #33. We reserve the right to assess any situation in accordance to the owner's wishes and/or availability of owner’s specific service vendors. We are limited to service contractors in our area. 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. Otherwise, please contact our office at once to report any problems and we will have the repairs made as quickly as possible. NO REFUNDS will be made for delayed check-in or voluntary early check-out, damage to guest’s personal belongings due to malfunctioning appliances or inclement weather including mandatory evacuation. Substitutions, transfers and refunds will not be made upon arrival for any reason. We will make every effort to correct any problem reported upon your arrival.
11. SECURITY DEPOSITS. A security deposit is required on all rentals. The security deposit will be refunded back to the guest who paid the reservation and will be refunded back to the credit card that was used to make the final payment. Refunds are credited back to the last credit card used to make final payment which includes the security deposit, provided there is no additional cost or expense to the owner or to HBV to prepare the property for the next guests. The tenant is responsible for any and all damages and missing items that occur during their stay, not limited to the amount of the Security deposit paid. Agent shall apply, account for or refund tenant’s security deposit by check with 45 days of departure.
Guest of record will be liable for the cost of damage due to the following:
-Intentional willful, reckless or malicious acts of guests or others on the premises during the tenancy.
-Damage to real property resulting from operation of any motorized vehicle by Guests.
-Theft from the premises of either Owner’s property or property belonging to Guests.
-Damage caused while under the influence of alcohol or drugs. -Damage by pets.
-Gross negligence of Guest or intentional misuse of furnishings, appliances, equipment, or other amenities provided with the home.
The property must be 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, 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 or expenses caused by tenants, as permitted under the Tenant Security Deposit Act. Should damages or expenses 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 30-45 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 monies will be forfeited. If evidence of a pet is found (hair, fleas, damage) those damages will be deducted from your security deposit, in addition to an added pet fee of $300.00 per week, per dog plus taxes, with owner’s approval of the 2nd pet. Only dogs for the visually, mobility, or hearing impaired persons with proper identification are allowed in a No Pets property. In a “Dogs Allowed Property” ONLY 1 small dog (45 lbs. or less) per reservation is allowed and the same policy stated above applies for damages and expenses to the owner. See Additional Pet Addendum.
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 potential buyers, inspectors, and appraisers. We will make every effort to schedule the showing(s) & appointments at a convenient time. Holden Beach Vacations, 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 telephones in them For homes that have land line phones only local calls please. 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 fee, and resulting charges may be deducted from your security deposit.
19. BED LINENS. HBV properties provide bed linens for full week rentals. Please check the current property listing and/or your Vacation Rental Agreement to be certain. For Bed Linen Included- Bed linens (sheets/pillow cases) 1 set per bed are provided on select advertised properties for duration of stay, weekly rentals only. Many homes also provide towel packages if advertised. Otherwise NO TOWELS ARE PROVIDED- BEDS ARE NOT MADE. Tenant is required to bag linens & make ready for pick up on check out day. Reservations that are booked for less than 7 days do not provide bed linen or towel packages, unless guests make prior arrangements. Otherwise guests are required to bring their own or make arrangements with a linen rental service. The cost to have bed linen or towel packages changed out for multiple weeks stay is NOT included in the rental rate. Items not included unless property description advertises them are: (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. STAR TREATMENT- 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 the replacement cost of missing, stained or damaged linens, bedding or mattress pads, as well as linens not properly bagged for all properties.
20. PERSONAL PROPERTY. Personal property left in the cottage by the guest during and after occupancy is not the responsibility of Holden Beach Vacations. At guest request, we will ship items found at guest’s expense for full cost of return, by The UPS Store, 120 Shallotte Crossing Pkwy, Shallotte, NC 28470, 910-7543-9893. Guest will need to provide shipping and credit card information to the shipper directly. Unclaimed items will be disposed of after 30 days. Weapons are not allowed in any units and if found will be retrieved and processed for return by the Holden Beach Police Department. The guest will be responsible for items left behind that could endanger the next occupant. Holden Beach Vacations will not be held liable for previous renter’s negligence.
21. POLICY. Holden Beach Vacations 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 locations, depth of water, distances to the beach/ocean, length of walkways, beach re-nourishment projects, erosion, accretion, views from homes or changes in views or lack thereof, power blackouts, water outage or shortage, cable or internet outage, flooding, road 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 without notice by government agencies 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. Tenants are responsible for paying the tax rate in effect at the time the occupancy begins.
23. NO SMOKING UNITS. Many units offered are non-smoking units. If evidence of smoke, odors, or damage is found upon your departure, the proper amount of 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, Holden Beach Vacations does not guarantee that any unit will be smoke-free. Holden Beach Vacations 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 handicap friendly and offer elevators or ramps from ground floor. Please call our office for more details and with any specific needs/requests. Cottage parking spaces are limited. Please check in advance for parking information for your rental home or to make off site arrangements if needed to avoid any parking difficulties. Parking is not allowed on Ocean Blvd. within the right-of-way. The Holden Beach Police Department will issue parking citations to anyone parked along Ocean Boulevard. 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 the expenses incurred.
26. GRILLING. Grilling on the decks or porches, under cottage or decks or within 10 feet of structure is strictly prohibited. Please grill 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. Holden Beach Vacations will NOT issue refunds of monies 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 Travel Insurance #29.
29. TRIP INSURANCE/MANDATORY EVACUATION. We are pleased to offer Travel Protection Insurance through CSA Travel Protection. Travel insurance is made available at the time of your initial reservation. This insurance is available at a rate of 7.95 of your total rental amount. For full benefits, this insurance is due with your initial rental deposit payment. The insurance is optional however, HBV strongly urges you to purchase this protection, as our cancellation policy does not allow the refund of rental monies for hurricane evacuations, inclement weather or for the period of time the island may be closed after a hurricane or any other natural catastrophe. Please note on your agreement whether you choose to subscribe or decline the insurance coverage. A quote will be provided and the guest MUST indicate if they want to add it. Otherwise if guest declines or no indication is made, no coverage for Travel Insurance will be in place. If state or local authorities order a mandatory evacuation of Holden Beach or where the premises are located, Tenant must evacuate and no refund of any monies paid will be made to Tenant, nor will a stay be allowed at a later date, due to a hurricane evacuation or other natural catastrophe. Also, no refund will be made for the period of time the island may be closed following an evacuation due to hurricane or other natural disaster. We strongly recommend Travel Insurance. Acceptance of this insurance offers financial protection of your valuable vacation time. For complete plan details, please see a sample Description of Coverage or Policy at www.csatravelprotection.com/certpolicy.do?product=G-330CSA.
30. TOWN OF HOLDEN BEACH REGULATIONS. All unattended beach equipment must be removed from the beach daily between the hours of 6PM and 7AM due to nesting turtles and hazards to people walking on the beach after dark. If items are left unattended during these hours, the Town may pick these items up and dispose of them. You can contact the Holden Beach Town for all questions and concerns 910 842-6488. 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 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 any time 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 guests 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 cannot 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, per reservation per week 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 as well mid-week, a certified Pool and Spa Operator has 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 exist 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 Holden Beach Vacations publications, pools do not include free heat. Heat may be available at an additional expense for some pools. Holden Beach Vacations and/or pool and spa operators do not make arrangements or appointments with guests for routine services or repairs. They simply enter the common unlocked outdoor pool or spa area and begin their work without any prior notice to current rental guests.
34. DISCLOSURE. By North Carolina Law, Holden Beach Vacations is employed by and represents the property owner, for the purpose of renting and managing their private property under the terms of this agreement. Holden Beach Vacations 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 reservations ending within 180 days (six months) from the date of 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 buyer’s 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 Holden Beach Vacations 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, on our website, in our vacation planner that list property features, description, rates, dates of availability 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. Additionally, 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.
39. Military Discount. Holden Beach Vacations and participating property owners are proud to honor the men and women who serve our country. In recognition of their service, select properties are offered with a 10% discount for active and retired military personnel for weekly rentals, during the Celebration, Perfect, Holiday or Quiet Seasons (aka Off Season). Discount request MUST be made at time of booking. One of the following documentations must be received by our office no later than 24 hours from the time of booking in order to receive the Military Discount: 1-Photo copy of the Military LES (leave and earning statement) with the social security numbers blocked out, or 2-Photo copy of the Military retirement papers (DD214 or DD256), or 3-Photo copy of Proof of Honorable Discharge papers (DD-214), or 4-Proof for Cadets: A letter from his/her Commander or a copy of military paystub with the social security numbers blacked out. No discounts will be added after the initial booking. Only one discount per reservation. Discounts are not transferrable.
40. FAIR HOUSING. The broker shall conduct all brokerage activities in regard to this agreement without respect to the race, color, religion, sex, national origin, handicap, mental or physical disability or familial status of any party or prospective party. The provision shall be set forth in a clear and conspicuous manner which shall distinguish it from other provisions of the agreement. For the purposes of this Rule, the term, familial status, shall be defined as it is in G.S.41A. We reserve the right to switch reservations in emergencies. We will make every effort to provide comparable accommodations with notification in advance when possible. Although every precaution has been taken, our software management system and/or our website may contain errors. Photos of cottages herein may be different than the actual landscape due to owner improvements or changes as a result of natural occurrences. No misrepresentation is intended. We reserve the right to make necessary corrections or changes. Thank you for choosing Holden Beach Vacations