This is not a complete agreement. Confidential information has been removed.

 

This agreement is a legal contract and conforms to the North Carolina Vacation Rental Act (Chapter 42A of the General Statutes). It is designed to insure good communications for all parties. It recognizes that prospective renters often evaluate many properties in their quest for a vacation rental and at the time a commitment is made to the owner, there could be confusion about the owner’s terms and desires. It also provides the renter with a confirmation of their reservation.

 

THIS AGREEMENT entered into this ____ day of ________________ 2008, by and between John McLellan, hereinafter the owner and _______________________ hereinafter the renter.

 

WITNESS: In consideration of the payment for rent and the performance of the covenants contained on the part of the renter, the owner does let unto the renter and the renter rents from the owner those premises described as XXX.

 

DATES OF TENANCY:

Arrival on:

Departure on:

 

DEPOSITS & PAYMENTS: To secure this booking, a $500 security / damage deposit is being made, and held without interest, which will be returned within 30 days of departure, provided the home is left in its original excellent condition. The security / damage deposit does not limit the liability of the renter in the event of extensive damage to the property.

Payments for:

          Rental:

          Additional guests over 4:

          Special discounts:

          High speed internet access:          

Cleaning: 100          

          Tax (7% NC State; 4% Haywood County):

          Total Rental Amount excluding deposit:

 

Our policy regarding the security / damage deposit is unlike what you might find at a hotel or B&B. The rental fee that is paid does not come close to what it costs to own and operate this property, it simply helps defray expenses. Renters are expected to think of this arrangement as if they were staying at the home of a relative or close friend. In this situation, if you were to damage or break something, the responsible thing to do would be to pay to have it repaired or replaced. We go to great lengths to have the property thoroughly inspected immediately upon the guest’s departure so there is little question as to what condition the property was in when a guest arrives and departs. In addition, there are four rooms/storage areas which are not available to renters. Any attempt to forcibly open these areas will result in a complete forfeiture of your deposit.

 

YOUR RESPONSIBILITIES AS THE RENTER:

·         Unlike a hotel, motel or B&B, this is a private residence and our personal vacation home. We do not have on-site people to attend to special needs, nor do we have commercial facilities for laundry. Most of the time it is just one cleaning person. When renters leave, we have very limited time to prepare for the next guest, who in many cases will be arriving in only a few hours. Therefore, we ask that you understand and respect these conditions.

·         It is your responsibility to closely inspect the property for any damage and call the owner within 24 hours of your arrival to report anything you do not want to be held responsible for. This includes, but is not limited to; stains on bedding, furniture, marks on walls, broken accessories, cookware, etc. Anything discovered by our cleaning people after your departure and not previously identified will be subject to your damage / security deposit.

·         Prior to your leaving, all dishes, pots, pans and utensils should be washed and put away. Please consider cleaning any dirty dishes the night before you depart. This will ensure that there are only a few items to tend to the following morning.

·         The owner is not responsible for loss, theft or damage to your belongings while at the premises.

·         A complete set of linens and towels have been provided for each guest. It is expected that only one set of towels are used per guest. Complete laundry facilities are available should you feel the need to refresh your linens or towels. The biggest challenge for our cleaning people is to wash and dry all the laundry in the time it takes to clean the house and one load of towels can take over an hour to dry! Anything you can do to reduce the time it takes to clean the home will not only be appreciated, but will be reflected in your deposit refund.

·         Large gatherings (more than those already staying in the house), house parties and sub-letting are strictly prohibited. This agreement does not create a tenancy for the vacation rental; you can be removed from the vacation rental without process of law if you do not depart at the appropriate time.

·         Upon departure, the keys should be returned to the lockbox and the alarm should be reactivated.

 

CONFIDENTIALITY: Any information obtained in connection with the rental of the home will be held in the strictest of confidence. This would include, but is not limited to: the location of the key lockbox, the combination to the key lockbox, the security system code and the security password.

 

PETS: There are no pets allowed on the property. Please respect our strict pet policy. Any violation of our pet policy will result in a complete forfeiture of deposit.

 

CLEANING: The cleaning fee is based on the actual charge from the cleaning service. This is done to encourage renters to leave the house as clean as possible and to have the charge reflect the actual work required. The average cleaning fee is approximately $100. Any credit or additional charge will be reflected in the deposit refund.

 

CANCELLATION: If a renter initiated cancellation occurs during the time the owner has received the deposit, but prior to receiving the rental payment, the deposit will be forfeited, unless a new booking is secured and a successful rental is obtained. If a cancellation occurs after the owner has received the deposit and the rental payment, the entire rental amount is forfeited, unless a new booking is secured and a successful rental is obtained; however, the deposit will be refunded regardless. In the unlikely event that the property should become unavailable due to unforeseen circumstances, the owner has the right to cancel a booking and return the renter’s deposit and, or payment without further liability to the owner.

 

CHECK-IN: Check-in will be after 5pm.     CHECK-OUT: Check-out will be prior to 11am.

 

SMOKING: There will be no smoking anywhere in the house, including the garage.

 

AMENITIES: The amenities as described on the web page www.hummingbirdheights.com, with the possible exception of unforeseen required maintenance of said items and with the understanding that the outdoor spa is unavailable November through April and the wood burning fireplace is unavailable May through September. Caution! If the outdoor spa is the overwhelming reason for renting this property, then please reconsider your decision. This is a mechanical device and it does break. Parts often need to be ordered and the spa could be unavailable for your entire stay.

 

WINTER RENTALS: Generally speaking, this area gets two or three snows a year amounting to more than a few inches. Although the chances are slim, it is possible that snow and ice could make getting in and out of the home difficult. The city plows the roads up to within about 100 yards from the house. Most four-wheel drive vehicles can make it through the unplowed paved road, but normal passenger vehicles may have difficulty. If it is necessary to get in and out of the house on a daily basis, the renter should be prepared to deal with these conditions. On even rarer occasions the power could be temporarily interrupted due to weather.

 

OTHER: Upon receipt of the rental payment, the owner will provide to the renter a document called the “Hummingbird Heights Handbook”. This document contains helpful information regarding the home. The renter agrees to review this document prior to their arrival and notify the owner of any questions or concerns they might have. The responsibility for reading and understanding this contract or any other documents provided is the responsibility of the renter. This document supersedes any information discussed verbally or otherwise construed by the renter.

 

PLEASE COMPLETE THE FOLLOWING

 

OCCUPANTS: Please indicate the name and approximate age of all guests. This includes the named renters, children, infants and any additional guests, regardless of how many nights they plan to stay at the property. Failure to completely and accurately complete this information could lead to your reservation being rejected or jeopardize your deposit.

 

________________________________

 

________________________________

 

 

It is understood that the basic rental rate permits a total of four guests and that any over-night guests beyond four will be subject to an additional fee and that at no time will there be any more than six over-night guests. The fee for addition guests over four is $50 per guest, per night to a maximum of $250 per guest per week. Any violation of this policy without express written consent of the owner will be considered a breach of contract and will be subject to a deduction from the renter’s security deposit or additional billing.

 

 

 All appropriate signatures and dates.