Vacation Rental Agreement
This Vacation Rental Agreement ("Agreement") is made between Jon Fortune ("Owner") and [Your name] ("Guest") for the short-term rental of High Seas, located at North Topsail Beach, NC (full street address on your signed copy) (the "Property"). This Agreement is subject to the North Carolina Vacation Rental Act, N.C.G.S. § 42A-1 et seq.
1. Rental period
Check-in: [check-in date] after 4:00 PM. Check-out: [check-out date] by 10:00 AM (– nights). Early check-in or late check-out is only permitted with Owner's written approval. Reservation number: assigned at checkout.
2. Occupancy
Maximum occupancy is 14 guests, including children. Registered party: – adult(s) and – child(ren). The primary Guest must be at least 25 years old and stay at the Property for the duration of the rental. Parties, events and gatherings exceeding the maximum occupancy are prohibited. Exceeding occupancy or holding an unapproved event is a material breach of this Agreement.
3. Rent and payment
The total due is [total], which includes rent, applicable fees, North Carolina and local sales and occupancy taxes, and any refundable security deposit, as itemized at checkout. Payment in full is due at the time of booking and is processed securely by Stripe. The reservation is confirmed only once payment is received.
4. Security deposit and damage
No security deposit is collected. Guest remains responsible for any damage to the Property beyond normal wear and tear caused by Guest or Guest's party, and authorizes Owner to charge the card used for this booking for documented damage or excess cleaning after the stay.
5. Cancellation
Cancel 60 or more days before check-in for a full refund minus a 3% processing fee. Cancel 30–59 days before check-in for a 50% refund. Cancellations made less than 30 days before check-in are non-refundable unless the dates are re-booked. See section 6 for hurricane evacuation refunds.
6. Hurricanes and mandatory evacuation
If a state or local authority orders a mandatory evacuation of the area that includes the Property, Guest must comply. Pursuant to N.C.G.S. § 42A-36, Guest will be entitled to a refund of the rent paid for each night Guest is unable to occupy the Property because of the evacuation order. Refunds are not given for voluntary evacuations, weather, or other circumstances outside Owner's control that do not prevent occupancy. Owner strongly recommends that Guest purchase travel insurance.
7. House rules
- No more than 14 people on the property at any time. The primary renter must provide photo ID and a guest list with names and ages after booking.
- No events or parties. If you're looking for a Spring Break party house, this is not the right place for you.
- No smoking or vaping anywhere on the property.
- No pets.
- Linens are not included. You can rent them locally from Sweet Dreams Linen in Surf City, or bring your own.
- Quiet hours are 10:00 PM to 8:00 AM out of respect for our neighbors.
- Children must be supervised by an adult when using the elevator and on the decks. Do not exceed the elevator's posted weight capacity.
- During sea turtle nesting season (May–October), please turn off outside lights facing the beach at night and fill in any holes dug on the beach.
- Please leave the home as you found it: run the dishwasher, take out the trash, and lock all doors on departure.
8. Pets and smoking
No pets of any kind are permitted (service animals as defined by the ADA are welcome; please notify Owner in advance). Smoking and vaping of any substance are prohibited inside the home and on covered decks. Violations may result in deep-cleaning charges and forfeiture of the security deposit.
9. Condition of the property; repairs
Owner will deliver the Property in a fit, clean and habitable condition. Guest agrees to report any damage, malfunction or needed repair promptly. Owner will make reasonable efforts to repair appliances and equipment (including Wi-Fi, TV, elevator and A/C, where present) in a timely manner; temporary failure of an amenity is not grounds for a refund. Owner or Owner's agents may enter the Property at reasonable times to make repairs or inspect, with advance notice when possible, or without notice in an emergency.
10. Assumption of risk and liability
Guest acknowledges that the Property is located near the ocean and/or sound and may include stairs, decks, docks, elevators, outdoor showers and other features that involve inherent risks. Guest is responsible for the safety and supervision of everyone in Guest's party, especially children and non-swimmers. To the fullest extent permitted by law, Guest agrees to hold Owner harmless from claims for injury, loss or damage arising from Guest's use of the Property, except to the extent caused by Owner's negligence. Owner is not responsible for lost or stolen personal property.
11. Early departure and breach
No refund is given for late arrival or early departure. If Guest or Guest's party materially breaches this Agreement (for example by exceeding occupancy, holding a party, causing serious damage, or creating a nuisance), Owner may terminate the tenancy and Guest may be subject to expedited eviction as permitted by N.C.G.S. Chapter 42A, Article 4, without refund.
Elevator
The elevator is provided for convenience. Children must be supervised at all times when using it, posted weight limits must be followed, and any malfunction must be reported to Owner immediately. Owner is not liable for temporary elevator outages.
Guest list
Guest agrees to provide Owner with a list of all guests (names and ages) and a copy of the primary renter's government-issued photo ID after booking and before check-in.
Linens
Bed linens and towels are not provided. Guest is responsible for bringing or renting linens.
12. General terms
This Agreement is governed by the laws of the State of North Carolina. It is the entire agreement between the parties regarding this rental and may be changed only in writing. If any provision is found unenforceable, the remainder remains in effect. Guest may not sublet or assign this rental.
13. Electronic signature
Guest agrees that this Agreement may be signed electronically and that Guest's electronic signature has the same legal effect as a handwritten signature under the federal E-SIGN Act (15 U.S.C. § 7001 et seq.) and the North Carolina Uniform Electronic Transactions Act (N.C.G.S. § 66-311 et seq.). Guest may request a paper copy at no charge by contacting Owner. A copy of the signed Agreement is available to Guest at a private link sent by email.