You’ll be Tempted to be Here to Stay at this Exquisite OBX Retreat
It’s certainly hard to leave “Here to Stay” – a beautiful 4 bedroom vacation rental with a gracious open floor plan and plenty of neighborhood and at-home amenities.
Alueella maksuton pysäköinti
No Pets, No Smoking, Minimum Age to Rent: 25
RVs, campers, trailers, and golf carts are not permitted at this property.
Once we receive your reservation we will send you a vacation rental lease agreement via email. Please return within 24 hours to confirm your reservation.
Seaside Vacations: Vacation Rental Lease Agreement
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 DISBURSEMENTS 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.
VACATION RENTAL AGREEMENT: In consideration of the monies received and mutual promises contained herein, the Owner of the subject property, through Seaside Vacations, Inc., his/her Agent, does hereby agree to lease and rent to Tenant the Property described herein, under the following terms and conditions of this Lease agreement and the North Carolina Vacation Rental Act (N.C.G.S. Section 42A et. seq.). Seaside Vacations, Inc., as Agent for the Owner, is representing the interest of the Owner in this transaction. “Tenant” refers to the individual named on the Lease, as well as any guest(s) of the Tenant in the Property during the rental period. This Lease is non-transferable and not assignable. “Lease” refers to this Vacation Rental Lease Agreement. “Agent” refers to Seaside Vacations, Inc. In the event that your stay is extended, this Lease will cover the totality of the dates of stay.
Guest hereby certifies that he has reviewed the current Seaside Vacations, Inc. website, (Website hidden by Airbnb) which includes Seaside Vacations policies, which are a part of this Agreement. In the event of discrepancies on policies, the website prevails. A copy of the North Carolina Vacation Rental Act is available on the website at (Website hidden by Airbnb) Guest further agrees to abide by all the rules and regulations contained therein related to rental of the Rental Property. Guest’s obligations include, but are not limited to keeping the premises as clean and safe as the condition of the premises permit and causing no unsafe or unsanitary conditions in the common area and remainder of the premises that Guest uses; and will notify Seaside Vacations in writing of the need of replacement of or repairs to a smoke detector, and replacement batteries as needed during occupancy. Guest agrees not to use the Premises for any commercial activity or purpose that violates any criminal law or governmental regulation. Guest’s breach of any duty contained in this paragraph shall be considered material, and shall result in the termination of the Guest’s occupancy with no refund of any kind.
1. Confirmation/Payment for Reservation: This agreement must be signed or e-signed on the Seaside Vacations’ GUESTWEB. A fully and properly executed Lease shall be returned to Agent within two (2) days of receipt. This Vacation Rental Lease Agreement shall not be binding upon the Owner or Agent unless and until Agent has received the fully and properly executed Lease and all payments required upon return of the Lease have cleared the bank. Advance rental payment of 50% of the total rent and the nonrefundable travel insurance, if purchased, is required within 48 hours of reservation. Reservations made online on the company’s website must be confirmed with a signed Lease and deposit within 48 hours from the time of booking. Final balance payments: Final balance payments are due 30 days prior to the arrival date. Reservations made less than 30 days prior to arrival must be paid in full within 48 hours. Final payment balances must be paid in full prior to check-in or occupancy will not be permitted. Acceptable forms of payment include personal check, cashier’s check, money order, electronic check or credit card. Agent reserves the right to charge a $35 handling fee for all returned checks. Personal checks are not accepted less than thirty (30) days prior to the arrival date. Credit cards: Visa®, MasterCard®, AmericanExpress®, and Discover® are accepted. If payment is made by credit card, reservation is considered immediately confirmed upon processing of credit card or receipt of payment. ALL ADVANCE PAYMENTS AND BALANCE PAYMENTS ARE DEPOSITED IN AGENT`S INTEREST-BEARING ACCOUNT WITH BB&T LOCATED AT (Phone number hidden by Airbnb) N. CROATAN HIGHWAY, KITTY HAWK, NORTH CAROLINA (Phone number hidden by Airbnb) ANY INTEREST EARNED SHALL BE PAID TO SEASIDE VACATIONS. Tenant agrees that an amount not to exceed 50% of the total rent may be disbursed to the Owner prior to occupancy. Fees owed to third parties to pay for goods, services or benefits procured for the benefit of Tenant may be disbursed prior to occupancy as allowed under N.C.G.S. Section 42A-16c), of the Vacation Rental Act. All other funds remain in the trust account and will not be disbursed until: a) commencement of tenancy; b) material breach by the Tenant; c) money is refunded to Tenant; d) funds are transferred upon termination of Owner’s interest in the Property. Taxes: A 6.75% North Carolina Sales and Use Tax is required on all fees for goods and services charged to Tenant and a 6% Dare County or a 6% Currituck County Occupancy Tax is required on all rentals in those counties. Taxes are subject to change. Tenant is responsible for any increases in either tax. Funds collected for sales or occupancy taxes shall not be disbursed from the trust account prior to termination of the tenancy or material breach of this Lease by Tenant, except for a refund to Tenant. Agent may earn a fee for goods and/or services it procures or arranges on behalf of its clients and owners.
2. Security Deposit Waiver: Tenant agrees to be responsible for any damages to the furnishings and household items that result from the action/inaction of Tenant and/or his/her guests, excluding normal wear and tear. Security Deposits can be applied to damages caused by the Tenant as permitted under the Tenant Security Deposit Act as set forth in Article 6 of Chapter 42 of the North Carolina General Statutes (“Tenant Security Deposit Act”). It is the responsibility of the Tenant to report any damages found or repair/ maintenance needed to the Agent immediately upon arrival or upon occurrence of damage. Tenant agrees to reimburse Owner for any damage and/or expenses incurred, including collection costs and reasonable attorney’s fees. The NC Tenant Security Deposit Act and the NC Vacation Rental Act govern deductions from Security Deposits. Security Deposits will be processed for return 45 days after termination of the tenancy under this Lease. The SDW is included in the rent for reservations not classified as non-family or those associated with an event at the property i.e. weddings, reunions, parties, celebrations, etc.. Non-eligible parties are required to pay as security deposit as determined by the Agent. SDW covers only accidental (not willful) damages. The SDW does not negate your responsibilities as Tenant. Damages not covered by the SDW will be the responsibility of the Tenant.
Under SDW you will not be required to pay for accidental damage to the home or the personal property of the Owner contained within the Premises, up to a limit of $2,500 per reservation. Seaside Vacations has undertaken this obligation as a part of our Property Management Agreement with the Owner. Damages exceeding $2,500 will be the responsibility of the Tenant. Under no circumstances does SDW release a Tenant or any member or guest of their party from obligations imposed by the North Carolina Vacation Rental Act with respect to maintaining the Premises, including but not limited to, the following: (a) keep the Premises as clean and safe as the condition of the Premises permit, and cause no unsafe or unsanitary conditions in the common areas and remainder of the Premises that You use; (b) dispose of all ashes, rubbish, garbage, and other waste in a clean and safe manner; (c) keep all plumbing fixtures in the Premises or used by the Tenant in working condition and as clean as their condition permits; (d) not deliberately destroy or negligently destroy, deface, damage, or remove any part of the Premises or render inoperable the smoke detector provided by the Owner, or knowingly permit any person to do so; (e) comply with all obligations imposed upon the Tenant by current applicable building and housing codes; (f) be responsible for all damage, defacement, or removal of any property inside the Premises that is in Your exclusive control unless the damage, defacement, or removal was due to ordinary wear and tear, acts of the Owner or the Owner’s Agent, defective products supplied or repairs made by the Owner, acts of third parties not invitees of the Tenant, or natural forces and; (g) notify the Agent in writing of the need for replacement and of repairs during the tenancy which continued presence or use would jeopardize the safety of Tenants and Guests or harm the Premises including repairs to the smoke detectors or replacing the batteries as needed. You agree not to use the Premises for any activity or purpose that violates any criminal law or governmental regulation. Your breach of any duty contained in this paragraph after commencement of tenancy shall be considered material, and shall result in the termination of your tenancy with NO REFUND OF RENT. Exclusions within the SDW specifically limit Seaside Vacations obligation to repair/replace and does not cover or release the Tenant 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) damage by pets; 3) theft from the Premises of either the Owner`s property or property belonging to the Tenant; 4) gross negligence of Tenant or intentional misuse of furnishings, appliances, equipment, or other amenities provided with the home; 5) damage caused while under the influence of alcohol or drugs; 6) damages to real property, furnishings, or any vehicles resulting from operation of a motorized vehicle by a Tenant; 7) Damages related to smoking in “NO Smoking” homes. The conditions of the SDW provided to the Tenant shall extend to all members of the Tenant’s party and guests of the Tenant. In order to not be charged for incidents described under the SDW all damages must be reported to Seaside Vacations before check-out. Representatives of Seaside Vacations have the authority to determine the nature and extent of damages, necessary repairs and eligibility for SDW. Credit card information must be on file to secure your reservation.
3. Check-in: Please check-in at your designated office after 4:00 PM on your date of arrival. In the event that extensive cleaning and/or repairs are required, check-in may be delayed. There will be no refund for delayed check-in due to extensive cleaning and/or repairs. Tenant is not permitted on the Property (including driveway and outside shower) prior to check in. PLEASE NOTE: If your rental home has a keyless entry your code will not work until 4:00 PM, please do not go to the home until then.
4. Check-Out: Check-out on your scheduled departure date is 10:00 AM. Doors must be locked and keys returned to the office before 10:00 AM on the day of departure. Keyless entry guests do not have to stop by the office to check out. No occupancy of the Property (this includes driveways and outside showers) after 10:00 AM is permitted. Tenant will be charged up to an additional one (1) day rental if Property is occupied after 10:00 AM. Property should be left in the condition it was found by completing our list of departure cleaning items as found on the SSV website.
5. Landlord and Tenant duties: Tenant shall (a) keep that part of the Property occupied by Tenant as clean and safe as the conditions of the Property permit and cause no unsafe or unsanitary conditions in the common areas or the remainder of the Property that Tenant uses; (b) dispose of all ashes, rubbish, garbage and other waste in a clean and safe manner; (c) keep all plumbing fixtures on the Property or use by Tenant as clean as their conditions permit; (d) not deliberately or negligently destroy, deface, damage, or remove any part of the Property or render inoperable the smoke detector provided by Owner or knowingly permit any person to do so; (e) comply with all obligations imposed upon the Tenant under the applicable building and housing codes; (f) be responsible for all damage, defacement, or removal of any property inside the Property that is in Tenant’s exclusive control unless the damage, defacement, or removal was due to ordinary wear and tear, acts of the Owner or Agent, defective products supplied or repaired authorized by Owner, acts of third parties not invitees of Tenant, or natural forces; notify the Agent of the need for replacement or repairs to a smoke detector or replace the batteries as needed. Tenant shall not use Premises for any activity or purpose that violates any criminal law or governmental regulation.
In the event that Owner is unable to deliver said Property to Tenant under this Lease at the time tenancy is to begin in a fit and habitable condition or substitute a reasonably comparable property in such condition or is unable to deliver occupancy due to fire, eminent domain, foreclosure, act of nature, double booking, delay in construction or any other reason whatsoever, Tenant hereby agrees that Agent and Owner’s sole liability as a result of these conditions is the full refund of all payments made by Tenant. Agent shall make refund as promptly as allowed by law. Tenant acknowledges that in no event shall Agent or Owner be held liable for any consequential or secondary damages, including but not limited to, any expenses incurred, as a result of moving, damage, destruction or loss. If Agent is able to relocate Tenant, Tenant agrees to pay difference in rental amount. Every effort is made to ensure that the information contained in this Agreement, the vacation rental brochure and our website is accurate. Tenant agrees not to hold Agent, his or her employees, associates, or Owner responsible for printing or statistical errors or for changing listings contained therein. A North Carolina Real Estate Broker or Salesman or a Licensee of another State may own properties represented.
6. Trash/Recycling Disposal: Tenant is responsible for properly disposing of all trash during, and at the conclusion, of their stay. Please make sure all trash from within the home is put into the designated trash/recycle can(s) located at the property. These cans must be rolled to the edge of the street the night before the scheduled trash pick-up, as Waste Management arrives very early in the morning. Trash and recycle collections are twice per week during the “In” season. The trash/recycle collection days will be posted in your Rental Property. If, for some reason, this information is missing, please call our office to confirm the collection days. Please note: Any trash/recycling that is not put in the trash/recycle can(s) and rolled to the street will not be picked up by Waste Management. Trash/recycling that is found to have not been taken down to the street or that does not fit into the designated container will result in a $55 charge to the Leaseholder’s credit card on file.
7. Occupancy: In no event shall the Rental Property be occupied by more persons than the capacity of subject property. Unless otherwise noted in the cottage description, Seaside Vacations follows the Dare and Currituck County Health Department regulations, which assume an occupancy of two persons per bedroom unless advertised differently on the Seaside Vacations website. Bedding is listed only to accommodate flexibility in sleeping arrangements and not to represent occupancy limits. Guest must be at least 25 years old and only family groups are to occupy the Rental Property as required by Owner. No fraternities, school, civic or other non-family groups are allowed unless Owner grants prior approval. Weddings, wedding receptions and group events may not be held in any home without prior approval. In no event shall Guest assign or sublet the Rental Property in whole or in part. Violations of these rules are grounds for expedited eviction with no refund of any kind. Guest hereby acknowledges and grants specific permission to Seaside Vacations to enter premises at any time for inspection purposes should Seaside Vacations reasonably believe that Guest is causing or has caused any damage to the Rental Property. Guest further agrees to grant Seaside Vacations access to Rental Property for purposes of maintenance and repair. If the cottage is listed “For Sale”, Guest agrees to grant Seaside Vacations access by scheduled appointment upon 24 hour notification.
8. Mini-vacations: All mini-vacations (partial stays of less than seven (7) nights) will include a cleaning fee. This fee varies depending upon the size of the home and will be added to your reservation upon booking.
9. Hot Tubs / Pools: If a hot tub or pool is provided at the Rental Property, it will be prepared and tested for proper and safe chemical levels by a Certified Pool and Spa Operator, prior to or on the day of occupancy. If any of the following conditions exist at any time during your occupancy, call Seaside Vacations immediately and discontinue use until Seaside Vacations has serviced the hot tub or pool and notified Guest it is safe for use: (a) water clarity is milky or bottom of hot tub/pool is not visible; (b) foam forms on surface when using jets; (c) misuse of hot tub/pool by spilling foreign substances (a Service Call Charge applies in this instance). Under no circumstances are pets allowed in pools or hot tubs. Violation of this provision shall be grounds for expedited eviction. Community pools and the Seaside Vacations pools are subject to availability as determined by the managing authority responsible for the care of the pool (schedule is published on the Seaside Vacations website). Unless noted specifically in the Seaside Vacations website, pools do not include free heat. HEAT MAY BE AVAILABLE AT AN ADDITIONAL EXPENSE FOR SOME POOLS EQUIPPED WITH HEATERS. Once pool heat has been turned on, in the absence of mechanical failure, no monies will be refunded due to customer request.
10. Pets: Pets are not allowed unless otherwise indicated on the front of this Lease agreement. Unauthorized pets will result in a $200 fee. Properties that allow pets are limited to one (1) mature, house-trained dog (75 lb. limit) unless prior authorization is obtained from the owner. Cats and other animals are strictly prohibited. A $140 plus tax non-refundable pet fee is charged. Tenants are responsible for actual damages incurred by pets. Pets are not allowed in pools, hot tubs or spas. Violations are subject to expedited eviction as well as any costs associated with additional cleaning and sanitizing procedures.
11. Beach Nourishment: Certain beach areas of the Outer Banks are part of a beach nourishment project. Tenants may experience some inconvenience during this project. No refunds will be given. Beach erosion: ocean front homes are subject to erosion, beach area loss and missing steps. This is considered an act of God, and no refunds will be given.)
12. Mechanical breakdowns: Agent and/or Owner shall not be liable for circumstances beyond their control, including malfunction or breakdown of pools, hot tubs, appliances, air conditioning or other property equipment, including televisions, electronic/entertainment equipment, unfavorable weather, acts of nature, surrounding construction and associated noise, empty propane gas cylinders for fireplaces or gas grills, utility service disruption or any other situation occurring not under Agent control. There will be no refund or rebate of any of the rental fee in such circumstances. Repairs, if any, will be accomplished as soon as possible, taking into consideration service personnel workload, parts availability, and nature of repair. Agent or their representatives will have “Right of Entry” during tenancy to inspect and/or make repairs. Expenses for unnecessary service calls are the responsibility of Tenant.
13. Notice of Risks/Waiver of Liability: Property may be equipped with spa, hot tub, Jacuzzi, whirlpool, sauna and/or pool (herein called “special features”). The Tenant understands there are special risks that may be involved while using the “special features,” as well as other areas of the property and knowingly assumes such risks. In particular, but without limitation, the Tenant understands that there are potential dangers that the “special features” may present to children who are not carefully supervised, as well as the danger of any person using the “special feature” for extended periods, if a person has health risks, if a person uses the “special feature” while intoxicated, under the influence of drugs/medications or uses the “special feature” while pregnant. Tenant agrees to explain the risks of using the “special feature” to any guests he/she may have at the unit and be fully and solely responsible for any accidents his/her guests may incur. Tenant understands the risks discussed above and agrees to assume all responsibility for him/her as well as all guests for the consequences of those risks including the risk of serious physical injury or harm to person and property. Tenant agrees to waive all claims whatsoever against Owner or Agent for accidents or claims arising from use of “special feature” to the extent provided by law. Tenant agrees to indemnify Owner and/or Agent for any claims made by Tenant’s guests arising from use of the “special feature.” Tenant agrees that he/she is responsible and liable and will pay Agent, upon request, for any damages that occur to the “special feature” and its support equipment through misuse and/or negligence, for example, but not limited to, walking on the hot tub cover, damaging the liner, allowing the water level to become too low, or causing water overflow inside the unit. Decks and rails: Tenant understands decks and rails are not rated to handle more than the occupancy of the home. Water: Some properties may operate on well water. (Color, odor and taste may vary with well water. Tenants occupying homes with well water may choose to purchase bottled water for drinking, at his/her expense)
14. Transfer of Premises: a) In the event that the ownership of the Property is voluntarily transferred prior to your occupancy, Tenant shall have the right to enforce this Agreement against the new Owner of the Property if his/her occupancy under this Agreement is to end 180 days or less after the transfer of ownership is recorded. If Tenant’s occupancy is to end more than 180 days after such recordation, Tenant shall have no right to enforce the terms of this Agreement unless the new Owner agrees, in writing, to honor this Agreement. If the new Owner does not honor this Agreement, Tenant is entitled to a refund of all advance rent paid (and other fees owed to third parties not already lawfully disbursed). No later than 20 days after transfer of the Property, the new Owner or Agent will: (i) notify Tenant in writing of the transfer of the Property, the new Owner’s name and address, and the date the new Owner’s interest was recorded; and (ii) advise Tenant of his/her rights to occupy the Property subject to the terms of this Lease or receive a refund of any payments made by Tenant, if and only if, the new Owner does not retain Seaside Vacations, Inc. as its Agent. Upon recordation of such transfer of ownership, the Owner or Agent will transfer all advance rent paid by Tenant (and other fees owed to third parties not already disbursed) to the new Owner within 30 days, and notify Tenant by mail of such transfer and of the new Owner’s name and address. However, if Tenant’s occupancy under this Agreement is to end more than 180 days after recordation of the transfer, and the new Owner has not agreed to honor this Agreement, all advance rent paid by Tenant (and other fees owed to third parties not already lawfully disbursed) will be transferred to Tenant within 30 days.
15. Expedited Eviction: A material breach of this Agreement by Tenant, which, in the sole determination of the Agent, results in damage to the Property, personal injury to Tenant or others, a breach of the peace, a nuisance to others, or a violation of criminal law or local code, shall be grounds for termination of the tenancy provided in this Lease. If the tenancy created hereunder is for 30 days or less, the expedited eviction procedures set forth in the Vacation Rental Act will apply. Tenant may be evicted under such procedures if Tenant: (i) holds over in possession after the tenancy has expired; (ii) commits a material breach of any provision of this Lease that according to its terms would result in the termination of the tenancy; (iii) fails to pay rent as required by this Lease; or, (iv) has obtained possession of the Property by fraud or misrepresentation.
16. Trip Cancellation/Interruption Insurance and Mandatory Evacuation: Guest acknowledges that Travel Protection Insurance has been offered and if accepted, the non-refundable premium is due with initial payment. If state or local authorities issue a mandatory evacuation in the area that includes the property subject to this Vacation Rental Agreement, the Tenant is required by state law, to comply with the evacuation order. Upon compliance, Tenant shall NOT be entitled to a refund for the prorated rents for each night that the Tenant is unable to occupy the home IF: (a) prior to the Tenant taking possession of the property, the Tenant refused travel insurance offered by the Owner or Agent that would have compensated Tenant for losses or damage resulting from the loss of use of the property due to the mandatory evacuation order; OR (b) the Tenant purchased insurance offered by the Owner or Agent, in accordance with N.C.G.S. 42A-36. In accordance with industry custom, we are compensated through commissions that are calculated as a percentage of the insurance premiums charged by insurers. For more information go to (Website hidden by Airbnb) or call Red Sky Travel Insurance at (Phone number hidden by Airbnb) Click here for more information about travel insurance.
17. Cancellations: All cancellations must be received in writing. Tenant is responsible for verifying that Seaside Vacations, Inc. has received the cancellation letter. There will be no refund of payment on confirmed reservations until the cancelled period is fully re-rented and confirmed for the same rental amount. A change to another property is considered a cancellation. Tenant will be responsible for any discounts extended to re-rent the Property. Once re-rented, all payments (excluding trip cancellation insurance premium) will be refunded. Owner approval is required to switch rental weeks within the same Property. Changes from a higher rental rate to a lower rental rate will remain at the higher rate unless the original higher rate week is fully re-rented and confirmed. In the event the cancelled period is not re-rented, guest is not entitled to any claim against Seaside Vacations or Owner arising out of Guest’s inability to complete his/her vacation plans for any reason outside of the control of Seaside Vacations or Owner. Please note: Nonpayment of any deposits or balances due may result in reservation cancellation.
18. Severability: This Lease shall be considered severable in part and in whole, and if any provision herein is deemed or determined to be unenforceable, that portion of the Lease shall be severed and modified by a court of competent jurisdiction so as to permit enforcement of the Lease to the extent reasonable.
This Lease is to be considered as having been entered into in the county and/or city where the Rental Property is located and that, in the event of a dispute, parties agree that any legal action may only be instituted in the county where the Rental Property is located. Parties agree that: In the event of a dispute, the agreement will be interpreted in accordance with North Carolina law. Tenant cannot sublet Property or assign this agreement. Upon entering the Property and within two (2) hours of gaining access to the Property, Tenant shall inspect the Property for safety hazards and shall immediately report to the Agent and identify all dangerous conditions or defects that are observed. To the extent provided by law, Tenant shall indemnify and hold harmless Owner and Agent from and against any liability for personal injury or Property damage sustained by any person as a result of any cause. This agreement contains the entire agreement between the parties; there are no other representations or inducements other than those expressed herein. Agent 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.