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Rental Agreements

By making my online reservation and viewing and reading this contract, I Agree to abide by the conditions set forth in this rental agreement and all policies and rules set forth by CENTURY 21 Action, Inc. I further understand and agree that to breach any items contained within this document will result in my eviction without refund. I understand that CENTURY 21 Action, Inc. has made every effort to provide accurate information; however, in the event of errors, omissions, or in the case of any changes by CENTURY 21 Action, Inc. or the Property Owner, I agree not to hold CENTURY 21 Action, Inc. or the Property Owner responsible or liable.

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 understand and agree to all of the following:

  1. MONIES

    TO ALLOW MONIES COLLECTED IN RELATION TO THE RENTAL OF THE PROPERTY HEREIN DESCRIBED TO BE PLACED IN AN INTEREST BEARING TRUST ACCOUNT WITH BANK OF AMERICA, LOCATED AT 204 ROLAND AVE., PO BOX 2127, SURF CITY, NC 284452127. THESE MONIES SHALL INCLUDE, BUT NOT BE LIMITED TO HOLDING DEPOSITS, RENTS, COMMISSION, PET FEES, AND SECURITY DEPOSITS. ALL INTEREST SHALL ACCRUE TO THE CREDIT OF CENTURY 21 ACTION, INC.

  2. IDENTIFICATION

    For the purpose of this agreement the Guest, Renter, Tenant shall be referred to as Tenant from this point forward. Vacation Home shall be referred to as Property from this point forward. The term Agent refers to Century 21 Action, Inc.

  3. AGENCY

    In accordance with the National Association of Realtors Standards of Practice and Code of Ethics, it is disclosed that Century 21 Action, Inc. has a contractual relationship with the property owner, and therefore represents the interests of the property owner. As Agent of the Owner, Agent is required by contract and NC State Law to follow the instructions of the Owner in many circumstances. Tenant also acknowledges that the Owner of the Rental Property may be a licensed real estate agent. Century 21 Action, Inc./AGENT does not own any of its represented Rental Properties.

  4. RULES, REGULATIONS, POLICIES

    By signing this Vacation Rental Agreement, I certify that I have read, understand, and abide by all rules, policies, regulations of Century 21 Action, Inc. and the property referenced in this agreement. These rules, policies and customs are available in the Century 21 Action, Inc. rental brochure, at www.topsailrentalsonline.com, contained herein, in the Things You Should Know brochure which was mailed with this contract, and posted on the property. I agree to vacate Property upon demand for any violation of any of these rules, policies, and regulations.

  5. RESERVATION FEE

    I agree to pay a $40.00 nonrefundable reservation fee plus applicable taxes to Century 21 Action, Inc. for the purpose of procuring, processing, accounting for, and administering my reservation.

  6. ADVANCE PAYMENT

    I agree to pay advance payment. Rental Agreement must be signed and returned to our office and advance payment must be received in our office within 10 days of making reservation or reservation will be cancelled. The advance payment will include 50% of the rent, the non-refundable reservation fee, non-refundable SDW plan (if desired), and the travel protection insurance (if desired). These monies can be a personal check, money order or credit card payment. I agree to pay a $30.00 charge for returned checks. All payments must be in US funds. Payments made by telephone will be subject to a convenience fee.

  7. BALANCE PAYMENT

    I agree to pay the balance payment within 30 days prior to check-in. I understand that my reservation may be cancelled if my balance payment has not been received 30 days prior to check in without refund of advance payment. The balance payment will include sales tax and accommodations tax for all taxable monies. Tax rates may change from time to time at the discretion of the state legislature and are based on date of occupancy. No personal checks can be accepted within 30 days of arrival. I agree to pay a $30.00 charge for returned checks. All payments must be received in US Funds via money order, certified check, credit card payment, or personal check (if received 30 days prior to arrival). Payments made by telephone will be subject to a telephone convenience fee.

  8. DISBURSEMENT OF MONIES

    Tenant authorizes Agent to disburse, prior to Tenant's occupancy of the property, any fees which may be owed to third parties to pay for any goods, services, or benefits procured by Agent for the benefit of Tenant, including but not limited to any fees set forth herein payable to Agent for reservation, management of property, or transfer or cancellation of Tenant's tenancy. The balance of all payments, except taxes, may be disbursed upon commencement of the tenancy, a material breach of this Agreement by Tenant, or as otherwise permitted under the Vacation Rental Act. Taxes will be disbursed upon termination of the tenancy or material breach of this agreement.

  9. TRAVEL PROTECTION INSURANCE

    I understand that Century 21 Action, Inc. has offered me travel protection insurance through CSA prior to my occupancy, such offering is contained herein this Vacation Rental Agreement. I further understand that Century 21 Action, Inc. is receiving compensation in the amount of 42% of the insurance price as an administrative fee. Payment for Travel Protection Insurance is included in the Advance Payment. Such payment is not refundable once it has been made. Travel Protection Insurance may not be available after the Advance Payment has been made.

  10. MANDATORY EVACUATIONS

    If State or local authorities order a mandatory evacuation of any area that includes the property, I shall comply with the order and evacuate the Property upon being notified, and return all keys to the property to the Century 21 Action, Inc. Surf City office. Furthermore, I agree not to return to the property after the mandatory evacuation order has been lifted without consent from Century 21 Action, Inc. Please note that Tenant will not be entitled to a refund from agent if, prior to taking possession of the property: (i) Tenant refused insurance offered by Agent that would have compensated Tenant for losses or damages resulting from loss of use of property due to a mandatory evacuation order, or (ii) Tenant purchased such insurance from Agent. The agent will attempt to keep the Tenant apprised of evacuation orders by local governments however, ultimately it is the Tenant's responsibility.

  11. SECURITY DEPOSIT WAIVER

    Tenant has the option of purchasing the NON-Refundable Security Deposit Waiver (SDW) Plan for the amount of $45 in lieu of paying a refundable security deposit. Purchasing the SDW Plan covers theft or damage to the unit up to $2000.00 as a result of your inadvertent acts or omissions. For a full description of the plan, please refer to the Description of Security Deposit Waiver detailing the terms, conditions, and responsibilities of the Tenant and Century 21 Action, Inc. If you do not receive a copy of the Description of Security Deposit Waiver upon purchase of this plan, contact Century 21Action, Inc. for a copy. Purchasing the SDW Plan in lieu of a Security Deposit does not negate Tenant's responsibilities. Payment for the SDW plan will not be accepted after the guest occupies the unit. Payments for this plan are non-refundable after payment has been made for such. Tenant must notify Agent of any damage or theft to the unit during such occupancy or this plan is void. The units are carefully inspected after each rental. Century 21 Action, Inc. receives compensation for selling this plan. If you do not want the SDW Plan and wish to pay the security deposit, please initial in the spot indicated. The SDW plan is only available to those reservations under 30 days. Agent reserves the right to require a Security Deposit in lieu of the SDW at any time. The SDW plan is not available for tenancies with Pets. Reservations with Pets are required to pay a Security Deposit.

  12. SECURITY DEPOSIT

    The security deposit may be applied to actual damages caused by Tenant as permitted under the Tenant Security Deposit Act. In addition, Agent may deduct from the security deposit the amount of any unpaid long distance or per call telephone charges and cable or satellite television charges, and/or other third party charges made by Tenant that are not specifically described in this Agreement as being included with the Property. Agent shall apply, account for, or refund Tenant's security deposit within 45 days following the end of the tenancy. Furthermore, as Tenant, I agree to pay all damages, fees, or bills, and assume financial responsibility for losses to property or contents, or services generated by or during my occupancy that exceed the amount of the security deposit or that cannot be withheld from the security deposit.

  13. TRANSFERS

    All transfers of one property to another property or transfer of one week to another week will be treated as a cancellation. Please see paragraph # 14.

  14. CANCELLATION

    Tenant is strongly advised to inspect the property prior to signing this contract to ensure that property meets Tenant's standards (see paragraph 23). All cancellation requests must be in writing. In the event of a cancellation by Tenant, Tenant shall receive a refund of all payments made by Tenant, less the cancellation fee of $75.00, the reservation fee, insurance charges if applicable, and taxes on such if the Property is re-rented on the terms set forth herein. If the Property is not re-rented on the terms set forth herein, Tenant will not be entitled to a refund of any rent payment made hereunder. Whether or not the Property is re-rented, Tenant, rather than Agent, shall be responsible for seeking reimbursement of any fees paid by Tenant to Agent for goods, services, or benefits procured by Agent from third parties for the benefit of Tenant that may have been paid out prior to Tenant's cancellation. The telephone convenience fee is nonrefundable.

  15. TRANSFER OF PREMISES

    a.) If the owner voluntarily transfers the Property, Tenant has the right to enforce this Agreement against the grantee of the Property if Tenant's occupancy under this agreement is to end 180 days or less after the grantee's interest in the Property is recorded. If the Tenant's occupancy is to end more than 180 days after such recording, Tenant has no right to enforce the terms of this Agreement unless the grantee agrees in writing to honor this Agreement. If the grantee does not honor this Agreement, Tenant is entitled to a refund of all advance rent paid by Tenant (and other fees owed to third parties not already lawfully disbursed). Within 10 days after transfer of the Property, the grantee or grantee's agent is required to: (i) notify Tenant in writing of the transfer of the Property, the grantee's name and address, and the date the grantee's interest was recorded; and (ii) advise Tenant whether Tenant has the right to occupy the Property subject to the terms of this Agreement or receive a refund of any payments made by Tenant. b.) Upon termination of the owner's interest. the Property, whether by sale, assignment, death, appointment of a receiver or otherwise, the owner, owner's agent, or real estate agent is required to transfer all advance rent paid by Tenant ( and other fees owed to third parties not already lawfully disbursed) to the owner's successor in interest within 30 days, and notify Tenant by mail of such transfer and of the transferee's name and address. However, if Tenant's occupancy under this agreement is to end more than 180 days after recording of the interest of the owner's successor in interest in the Property, and the successor in interest has not agreed to honor this Agreement, all advance rent paid by Tenant (and other fees owed to third parties not already lawfully disbursed) must be transferred to Tenant within 30 days. c.) If the owner's interest in the Property is involuntarily transferred prior to Tenant's occupancy of the Property, the owner is required to refund to Tenant all advance rent paid by Tenant (and other fees owed to third parties not already lawfully disbursed) within 60 days after the transfer.

  16. EXPEDITED EVICTION

    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 Tenant's tenancy has expired; (ii) commits a material breach of any provision of this agreement (including any addendum hereto) that according to its terms would result in the termination of Tenant's tenancy; (iii) fails to pay rent as required by this agreement; or (iv) has obtained possession of the Property by fraud or misrepresentation. Please note that a material breach any provision of this agreement (including any addendum hereto) will result in termination of Tenant's tenancy.

  17. INDEMNIFICATION AND HOLD HARMLESS; RIGHT OF ENTRY; ASSIGNMENT

    Tenant agrees to indemnify and hold harmless Agent and the owner from and against any liability for personal injury or property damage sustained by any person (including Tenant's guests or visitors) as a result of any cause, unless caused by the negligent or willful act of Agent or the owner, or the failure of Agent or the owner to comply with the Vacation Rental Act. Tenant agrees that Agent, the owner, or their representative may enter the Property during reasonable hours to inspect the Property, to make such repairs, alterations or improvements thereto as Agent or owner may deem appropriate, or to show the Property to prospective purchasers or tenants. Furthermore, Agent reserves the right to enter the Property at any time to inspect for suspected House Parties or pets, which are strictly prohibited. Tenant shall not assign this agreement or sublet the Property in whole or part without written permission of Agent.

  18. MAXIMUM OCCUPANCY AND HOUSE PARTIES

    Please note the Maximum Occupancy of the property. Exceeding the Maximum Occupancy at any time, with either overnight guests or day guests will result in eviction due to property owner requirements, health regulations, building codes, and other. Plan a large enough (occupancy) property for all guests. No House Parties are permitted in any vacation unit. All vacation units are rented to family groups only. No teen or college groups are allowed, even if they are chaperoned by adults. Century 21 Action, Inc. reserves the right to immediately terminate or reject rental, without refund, if in Agent's opinion the Tenant has violated these policies or determines, in Agent's sole discretion, that tenant(s) are detrimental to the property.

  19. MINIMUM AGE

    Century 21 Action, Inc. will only rent to persons 24 years of age or older. Minors must be chaperoned at all times or Tenant is subject to immediate eviction. Century 21 Action, Inc. reserves the right to check ID's to verify age.

  20. CHECK-IN; CHECK-OUT; EARLY CHECK-IN; LATE CHECK-OUT

    Checkin time begins at 4:00 p.m. and will be no earlier unless Tenant has arranged for and paid for the Early Check In option of 1:00 p.m., if available. The early checkin option is strictly optional, and availability is limited. The cost of this service is $50.00 plus NC Tax. Keys will not be released until the Tenant's check in time, as determined above. Check-out time for all units is 10:00 a.m unless tenant has arranged and paid for the late checkout service in advance. Tenants that have not checked out by 10:00 a.m. will be charged for the late check-out fee and will still need to vacate the property immediately. Tenant agrees to return all keys, permits, etc. to Century 21 Action, Inc.'s. Furthermore Tenant agrees not to park on the Property or occupy any portion of the Property prior to their checkin time or after the checkout time. Cleaners, Inspectors, Service and Repair companies, and Century 21 Action, Inc. may not be able to perform their services if this provision is not followed and any additional charges from such companies will be the responsibility of Tenant. Late checkins please make prior arrangements with Century 21 Action, Inc. Century 21 Action, Inc. reserves the right to delay checkin time for cleaning & repair services.

  21. KEYS, POOL PASSES, PARKING PASSES, ETC

    Each vacation unit will be provided with two sets of keys. Additional keys may be available upon request. Tenant will be responsible for all costs associated with lost keys including the cost of replacing the locks. Lockout service is available for a fee $45.00 until 10:00 p.m., and $65.00 after 10:00 p.m. Tenant must meet Agent at the checkin office or additional fees may be incurred. Fee is payable directly to Agent upon service. Tenant will also be responsible for all costs associated with replacing lost Pool Passes, Parking Passes, etc., that they were given for their tenancy. Costs for such vary greatly, $5.00 to $500.00, and change without notice from their issuers.

  22. AGENT DUTIES PART 1

    Agent and Property Owner agree to provide the property in a fit and habitable condition for a normal person as determined by local building codes, market standards, and owner's tastes. If at the time Tenant is to begin occupancy of the Property Agent cannot provide the Property in a fit and habitable condition or substitute a reasonably comparable property in such condition, Agent shall refund to Tenant all payments made by Tenant. Agent shall conduct all brokerage activities in regard to this Agreement without respect to the race, color, religion, sex, national origin, handicap or familiar status of any tenant. Furthermore Agent will provide property in fit condition in accordance with Section 42A31 of the Vacation Rental Act of the North Carolina General Statutes.

  23. AGENT DUTIES PART 2

    Century 21 Action, Inc. will make every effort to ensure that Tenant's stay is safe, comfortable, and enjoyable. No refunds or discounts will be made for inclement weather, mechanical breakdowns, or other 'nuisances' beyond our control. Examples of these 'nuisances', which DO NOT warrant any refund, discount, or another property, etc. include but are not limited to: breakdown of air conditioners, TV's, VCR's, electronics or appliances, disruption of use or missing beach access due to nature, construction in the area, presence of bugs when the property has been treated, disruption of utility services, a home not decorated/accommodated/improved/updated to Tenant's tastes, problems which have not yet been reported to Agent, bad weather, or noisy neighbors. Tenant agrees to report any and all problems to Century 21 Action, Inc. immediately. Century 21 Action, Inc. agrees to make every effort to resolve the problem as quickly as possible, however, cannot guarantee when the problem will be resolved. Speed of service cannot be guaranteed due to the fact that Topsail Island is remotely located and is a barrier island. A vacation rental is not similar to a hotel due to individual, private ownership of each property.

  24. TENANT DUTIES

    Tenant agrees to maintain the property in accordance with Section 42A31 of the Vacation Rental Act of the North Carolina General Statutes. Furthermore Tenant agrees to: (i) leave the Property in the same condition as when tenancy began except for normal wear and tear, (ii) be financially responsible for unwarranted or unneeded service calls and service calls caused by tenants misuse of the property, (iii) report any and all problems to Century 21 Action, Inc. immediately, (iv) not to allow any member of their party to walk on, play on, or in any way disrupt the sand dunes of Topsail Island, each town has a fine for this action, (v) not to enter owner's private storage spaces, (vi) to abide by occupancy limits of the Property at all times. Upon Departure, Tenant agrees to;(i) wash and put away dishes, (ii) make beds, (iii) remove garbage from the unit and roll garbage cart to within 2 feet of the street, (iv) place linens and rental items where they were found, (v) return all furnishings to the places they were found. Tenant agrees to pay any charges associated with failure to complete the above. The Tenant, being the person whose name the contract is in, will be the sole contact person in regards to this Agreement and the tenancy. Such Tenant is responsible for all guests'/visitors' adherence to this Agreement. Tenant understands and agrees that it is Tenant's responsibility to ensure that all aspects of the property meet their standards through previewing the property prior to entering this contract or other means, because tastes, opinions, standards of living, and other expectations vary greatly from person to person. What may be "nice" to a reservationist; may be unsuitable to a Tenant with different standards.

  25. OTHER ORDINANCES, RULES, REGULATIONS

    Tenant agrees to abide by all other ordinances, rules, and regulations that may be imposed by parties other than Century 21 Action, Inc., such as local governments, homeowner associations, etc. Town ordinances prohibit the use of campers or other such motor vehicles except in designated campgrounds.

  26. PETS

    Most properties do not allow pets on the premises. Properties that allow pets charge $150.00 per pet, per week, plus applicable taxes. Pets are restricted to dogs only and a maximum of two dogs per property unless permission is otherwise granted in writing by Agent. Properties may impose their own, more specific pet restrictions as well. Violation of a no pet property will result in immediate eviction without refund and will be subject to all cleaning costs, any losses incurred by Property Owner and/or Agent due to this violation, and an undeclared pet fee of $150.00. Failure to report each pet in a Pet Friendly Property and pay the nonrefundable pet fee for each pet will result in an undeclared pet fee of $150.00 in addition to the $150.00 nonrefundable pet fee for each pet. Tenants are responsible for cleaning the area around the property of all pet excretions. The SDW plan does not cover damage by pets and the Tenant will be immediately responsible for paying any pet caused damages. In the event of a pet violation the tenant will also be responsible for the cost associated with bringing the property back to a pet free status.

  27. NO SMOKING

    Most properties do not allow smoking within the building. When in violation of the smoking policy, Tenant agrees to pay all costs associated with cleaning to remove smoke odors, any losses incurred by Property Owner and/or Agent, and a $75.00 handling fee.

  28. LEGALLY BINDING

    Tenant agrees to abide by and fulfill all parts of this Agreement, all additional policies, rules, regulations and addenda to this Agreement, and furthermore agrees that it is a legally binding agreement, either in whole or in part. If Tenant does not understand any portion of this Agreement, they should consult their attorney. All parties agree that in the event of a dispute, the agreement will be interpreted in accordance with North Carolina law. Should Agent be forced to resort to the employment of legal counsel, litigation, or professional collection services in the collection of any amounts due the Agent under this agreement, Tenant shall be responsible for all costs associated with such. In the event of a lawsuit or other legal proceeding, all parties agree that such actions shall be held in the venue of Pender County, North Carolina.

By my signature, I acknowledge that I have read and agree to abide by the conditions set forth in this rental agreement and all policies, regulations, and rules set forth by Century 21 Action, Inc. I further understand and agree that to breach any items contained within the above referenced documents will result in my eviction without refund. I understand that Century 21 Action, Inc. has made every effort to provide accurate information, however, in the event of errors, omissions, any changes by Century 21 Action, Inc. or the Property Owner, I agree not to hold Century 21 Action, Inc. or the Property Owner responsible or liable.