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Rental Agreement

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 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.

ADDITIONAL TERMS OF YOUR VACATION RENTAL AGREEMENT NOTE:

CHECK-IN/CHECK-OUT: You agree that check-in time is no earlier than 3:00 PM (unless prior arrangements have been made and agreed to). Agent will use commercially reasonable efforts to have the Premises ready for your occupancy at check-in time, but Agent cannot guarantee the exact time of occupancy. Checkout time is no later than 11:00 AM. (Unless prior arrangements have been made and agreed to).

All reservations incur 6.75% NC Sales Tax and a 4% Buncombe County Occupancy Tax in addition to the rental amounts. Also, pets and extra guests are charged $25 extra per night each.  This amount is added to the nightly rental rate.

SECURITY DEPOSIT:

Security Deposit is waived your convenience. However, you will be held liable for damage to the rental property as well as extraordinary cleaning if needed. By accepting this agreement, Agent is authorized to charge the credit card on file for expenses that fall in the above categories.

CANCELLATION AND CHANGE POLICIES:

Cancellations made at least 31 days prior to arrival will be refunded minus a $75 cancellation fee. The full amount is non-refundable for cancellations made within 30 days of arrival, unless we are able to re-rent the property for any portion of dates as your original reservation.  Lodging that is unacceptable to the guest is considered a cancellation.  Acts of God/Construction Noise. Neither Owner nor Agent shall be liable for events beyond their control which may interfere with Your scheduled occupancy, including but not limited to Acts of God, acts of governmental agencies, fire, strikes, war, inclement weather, including flooding and construction noise from nearby sites. NO REBATE OR REFUND will be offered in these circumstances. Traveler’s Insurance protects you from losses you may incur due to unforeseen circumstances, such as unexpected health issues, death, severe inclement weather, and jury duty.

To guarantee against an increase in rental rates payment of the full amount is made at time of reservation. For those making reservations beyond 60 days in the future and are willing to pay more if the rates change then a 50% refund can be made until 30 days before their arrival.

ALL PROPERTIES ARE EQUIPPED WITH:

A.) Linens, towels, cooking utensils (coffee maker as well), soap, paper goods, and some cleaning implements are included in the cabin.

B.) Smoke Detector. Please contact your Owner immediately if the detector is malfunctioning.

PETS:

Absolutely NO PETS, except in the pet friendly units. Penalties are a $100 charge, immediate removal of pet, and/or eviction of guests.  All rental payment will be forfeited.  For pet friendly units, there is a $25 non-refundable pets fee per day (two dog max), no cats are allowed. Any misrepresentation regarding number of pets will be charged accordingly. Guest is held financially responsible for all physical damages to property (i.e.. chewing, scratching, flea infestation, etc.), inflicted on the property by the presence of a pet. If extra cleaning is deemed reasonable due to the presence of a pet, (i.e. soiled furniture and/or flooring, hair on furnishings or bedding or fleas) the guest will be held financially responsible and the credit card on file will be charged for the amount of the repair/recovery. No pets to be left alone in cabins unless crated.

IMPORTANT DISCLOSURES:

(a) Agent hereby discloses to you that Agent is acting for and represents the Owner.

(b) Premises has a private well. Occasionally there may be a slight odor of sulfur. Some guests choose to use bottled water for drinking purposes even though the water is potable.

AGENT WILL CONDUCT ALL ITS ACTIVITIES IN REGARD TO THIS AGREEMENT WITHOUT RESPECT TO THE RACE, COLOR, RELIGION, SEX, NATIONAL ORIGIN, AND HANDICAP OR FAMILIAL STATUS OF THE GUEST OR ANY OTHER PARTY TO THIS AGREEMENT.

MECHANICAL FAILURES/Repairs:

Parkway Lane Cabins is not responsible for mechanical failures such as, but not limited to, Air Conditioning, or any other appliance that fails to operate properly during your stay. These failures are beyond our control & no refund or rent reduction will be given. Please report inoperative equipment and we will make every effort to have repairs done as quickly as possible during reasonable hours.

ACCIDENTS:

Guest agrees to hold Parkway Lane Cabins harmless for any accident or injury whatsoever that may occur on the rental property during occupancy.

DOUBLE BOOKINGS:

Double bookings are rare. In the event that Your reservation for the Premises overlaps or matches the reservation of another tenant, Agent reserves the right to relocate You to a different property within the Agent’s rental program or that of another company. Commercially reasonable efforts will be made to ensure that the replacement property is reasonably comparable to the Premises. Agent shall have the sole right to select such replacement property. You will have the option to (1) accept the replacement property and pay any additional monies that are owed, as the case may be or (2) reject the replacement property and receive a refund of all rents and fees paid for the Premises. You hereby agree that your choice between these alternatives will be your sole remedy for any and all damages, liability or inconvenience arising out of the double booking.

EXPEDITED EVICTION:

A material breach of this Agreement by You, which, in the sole determination of the Agent, results in damage to the Premises, personal injury to You 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 Your tenancy. If the tenancy created hereunder is for 30 days or less, the expedited eviction procedures set forth in the Vacation Rental Act will apply.

You may be evicted under such procedures if You: (a) hold over in possession after Your tenancy has expired; (b) commit a material breach of any provision of this Agreement that according to its terms would result in the termination of Your tenancy; (c) fail to pay rent as required by this Agreement, or (d) have obtained possession of the Premises by fraud or misrepresentation.

INDEMNIFICATION AND HOLD HARMLESS:

You agree to indemnify and save harmless the Owner and Agent for any liabilities, theft, damage, cost or expense whatsoever arising from or related to any claim or litigation which may arise out of or in connection with Your use and occupancy of the Premises including but not limited to any claim or liability for personal injury or damage or theft of property which is made, incurred or sustained by You. Neither Agent or Owner are providing any other warranty of any kind, except as otherwise expressly provided herein, whether written or oral, statutory or contractual, express or implied, including, without limitation, THE WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR USE, which are hereby expressly excluded. The terms “Agent” and “Owner” as used in this Agreement shall include their heirs, successors in interest, assigns, employees, agents, and representatives where the context requires or permits. The terms “Tenant,” “You,” and “Your” as used in this Agreement shall include Tenant’s heirs, successors, assigns, guests, invitees, representatives and other persons on the Premises during Your occupancy (without regard to whether such persons have authority under this Agreement to be upon the Premises), where the context requires or permits.

RIGHT OF ENTRY:

You agree that Agent may enter the Premises during reasonable hours to inspect the Premises, to make such repairs, alterations or improvements thereto as Agent may deem appropriate, or to show Premises to prospective purchasers or tenants.

ASSIGNMENT:

You shall not assign this Agreement or sublet the Premises in whole or part without written permission of Agent.

DISPUTES:

This Agreement shall be governed by and interpreted in accordance with the laws of the State of North Carolina, and shall be treated as though it were executed in the County of Buncombe, State of North Carolina. Any action relating to this Agreement shall be instituted and prosecuted only in the Buncombe County Superior Court, North Carolina. You specifically consent to such jurisdiction and to extraterritorial service of process.

MISCELLANEOUS:

This Agreement, together with the attachments referenced herein and attached hereto, constitutes the entire agreement between the parties relating to the subject matter hereof, and supersedes all prior written oral negotiations, representations, or agreements.  No modification of this Agreement shall be binding on either party unless it is in writing signed by both parties.  Each section, subsection or paragraph of this Agreement shall be deemed severable and if for any reason any portion of this Agreement is unenforceable, invalid or contrary to any existing or future law, such unenforceability or invalidity shall not affect the applicability or validity of any other portion of this Agreement.  For all purposes hereunder facsimile or electronic signatures shall be deemed to be originals and such signatures shall be given the same effect, as would an original signature.  THE PARTIES ACKNOWLEDGE THAT THEY HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. 

PERSONAL ITEMS:

Items left by Tenant upon departure are not the Agent’s responsibility. Discovered lost items will be returned if reported prior to thirty (30) days of departure. Tenant shall pay all shipping, handling and postage (minimum $20.00) for all returned items prior to shipping.

HOT TUBS & BOATS:

Tenant hereby accepts and agrees to the following:

a) Tenant shall ensure use in a safe manner at all times and that juvenile use is supervised by an adult.
b) Unsafe and/or unsupervised use by Tenant or Tenant’s guests shall permit Agent to terminate IMMEDIATELY WITHOUT NOTICETenant’s occupancy of the Property.
c) Tenant shall indemnify and hold Agent (its officers, employees, agents and equity holders) and the Owner of the Property harmless from and against any and all liabilities, claims and expenses for personal injury or property damage resulting from unsafe and/or unsupervised use by Tenant or Tenant’s guests.

ALL RENTALS ARE TO FAMILIES AND RESPONSIBLE ADULTS ONLY:

No high school, college or civic groups, chaperoned or not, are permitted. Violation is grounds for immediate termination. Properties are patrolled on a regular basis. Tenant acknowledges that he/she will personally occupy the property for the entire lease period and will not sublet any portion of the property. Occupancy restricted to the maximum occupancy as set forth in this lease. Violation of any of these terms shall give right to termination. Tenant agrees that the premises shall not be used for any illegal or unlawful purpose. Occupancy and use of the premises and common areas in such a fashion that disturbs or offends other guests or residents shall be deemed grounds for termination. We wish you to have an enjoyable vacation, but you must respect the rights of other guests.

DEPARTURE DUTIES:

Tenant must leave property in clean condition including all dishes washed and put away, all food removed from refrigerator and wiped clean, all trash removed from cabin, outdoor grills left clean prior to departure at check-out. Failure to abide by this provision will result in extra cleaning charges charged to Tenant. If cabin allowed pets, please remove pet hair from carpets and upholstery. Linens must be removed from beds and placed in proper hampers. LEAVE MATTRESS PADS, COMFORTERS, BLANKETS AND DECORATIVE ACCESSORIES SUCH AS SHAMS ON THE BEDS.