Linens are NOT included with your reservation. Please plan to bring your own or ask a reservationist about rentals.
Travel insurance is available to protect your vacation - See Policies and Procedures, Paragraph 6
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 THIS AGREEMENT, IS EVIDENCE OF YOUR ACCEPTANCE OF THE AGREEMENT AND YOUR INTENT TO USE THIS PROPERTY FOR A VACATION RENTAL.
1. IDENTIFICATION. For the purpose of this agreement, Guest, Renter, or Tenant shall be referred to as Tenant from this point forward. Vacation Homes shall be referred to as Premises from this point forward. The term Agent refers to Lewis Realty Associates, Inc.
2. AGENCY. In accordance with the National Association of REALTORS® Standards of Practice and Code of Ethics, it is disclosed that the Agent has a contractual relationship with the property owner, and represents the interests of the property owner. As the agent of the owner, the Agent rents to Tenant, and the Tenant rents from Agent.
3. DISBURSEMENT OF RENT AND THIRD-PARTY FEES. Tenant authorizes Agent to disburse up to fifty percent (50%) of the rent set forth in paragraph 2 above to the owner (or as the owner directs) prior to Tenant’s occupancy of the Premises, and the balance of the rent upon the commencement of the tenancy, a material breach of this Agreement by Tenant, or as otherwise permitted under the Vacation Rental Act. The tenant agrees to pay a $25.00 processing fee for any check of the Tenant that may be returned by the financial institution due to insufficient funds or because the Tenant does not have an account at the financial institution. Tenant also authorizes Agent to disburse prior to Tenant’s occupancy of the Premises any fees 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, transfer, or cancellation of Tenant’s tenancy.
4. SECURITY DEPOSIT. The agent covers the purchase of a Security Deposit Protector to insure against damages to the property on all reservations instead of a traditional security deposit. However, the Agent reserves the right to charge a security deposit when deemed in Agent’s/Owner’s best interest. If a security deposit is deemed necessary, the tenant will be notified at the time of reservation. If charged: Any security deposit provided for in paragraph 4 may be applied to actual damages caused by Tenant as permitted under the Tenant Security Deposit Act. In addition, agents may deduct from the security deposit the amount of any unpaid long-distance or per-call telephone charges and cable television charges that are not specifically described in this Agreement (including any addendum hereto) as being included with the Premises. The agent shall apply, account for, or refund Tenant’s security deposit within 45 days following the end of the tenancy.
5. ACCIDENTAL DAMAGE PROTECTION. Please see below for Waivo® Security Deposit Waiver.
6. TRUST ACCOUNT. Any advance payment made by the Tenant shall be deposited in a trust account located at Coastal Bank & Trust at 300 US Hwy. 17 N. Holly Ridge, North Carolina 28445. Tenant agrees that any advance payment may be deposited in an interest-bearing account and that any interest thereon shall accrue for the benefit of, and shall be paid to, Lewis Realty Associates, Inc. as it accrues and as often as is permitted by the terms of the account.
7. TENANT DUTIES. Tenant agrees to comply with all obligations imposed by the Vacation Rental Act on Tenant with respect to maintenance of the Premises, including, but not limited to, keeping the Premises as clean and safe as the conditions of the Premises permit and causing no unsafe or unsanitary conditions in the common areas and the remainder of the Premises that Tenant uses; and notifying Agent in writing of the need of replacement of or repairs to a smoke detector, and replacement of batteries as needed during the tenancy. The tenant agrees not to use the Premises for any activity or purpose that violates any criminal law or governmental regulation. The tenant’s breach of any duty contained in this paragraph shall be considered material and shall result in the termination of the Tenant’s tenancy. Tenants are strongly advised to inspect the Premises before entering into this Agreement.
8. AGENT DUTIES. Agent/Owner agrees to provide the Premises in a fit and habitable condition for a normal person as determined by local building codes, market standards, and owner’s tastes. Furthermore, the Agent/Owner will provide the Premises in a fit condition in accordance with Section 42A-31 of the Vacation Rental Act. No refunds or discounts will be made for inclement weather, mechanical breakdowns, or other “nuisances” beyond Agent’s/Owner’s control. Examples of these “nuisances,” which DO NOT warrant any refund, discount, or transfer to another property, etc. include, but are not limited to breakdown of air conditioners, TVs, VCRs, electronics or appliances, disruption of use, or missing beach access due to nature, construction in the area, presence of bugs when the Premises 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. The tenant agrees to report any and all problems to the Agent immediately. The agent agrees to make every effort to resolve the problem as quickly as possible; however, the Agent cannot guarantee when the problem will be resolved. The speed of service is not guaranteed. If at the time Tenant is to begin occupancy of the Premises, Agent cannot provide the Premises 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. The 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.
9. CANCELLATION. In the event of a cancellation by Tenant, Tenant shall receive a refund of all payments made by Tenant, less a $200 cancellation fee if the Premises are re-rented on the terms set forth herein. If the Premises is not re-rented on the terms set forth herein, the Tenant will not be entitled to a refund of any rent payment made hereunder. Whether the Premises are 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. All requests to change dates of stay or premises after a reservation has been made are treated as cancellations. See “Cancellations” under Policies and Procedures, paragraph 21.
10. TRANSFER OF PREMISES.a) If the owner voluntarily transfers the Premises, the Tenant has the right to enforce this Agreement against the grantee of the Premises if the Tenant’s occupancy under this Agreement is to end 180 days or less after the grantee’s interest in the Premises is recorded. If Tenant’s occupancy is to end more than 180 days after such recordation, the 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, the Tenant is entitled to a refund of all advance rent paid by the Tenant (and other fees owed to third parties not already lawfully disbursed). Within 20 days after the transfer of the Premises, the grantee or the grantee’s agent is required to: (i) notify the Tenant in writing of the transfer of the Premises, 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 Premises subject to the terms of this Agreement or receive a refund of any payments made by Tenant. However, if the grantee engages the Agent to continue managing the Premises after the transfer, the grantee shall have no obligation under (i) or (ii) above if this Agreement must be honored under the Vacation Rental Act or if the grantee agrees in writing to honor this Agreement. b) Upon termination of the owner’s interest in the Premises, whether by sale, assignment, death, the 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 recordation of the interest of the owner’s successor-in-interest in the Premises 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 Premises is involuntarily transferred prior to the Tenant’s occupancy of the Premises, the owner is required to refund the Tenant all advance rent paid by Tenant (and other fees owed to third parties not already lawfully disbursed) within 60 days after the transfer.
11. MANDATORY EVACUATION. If State or local authorities order a mandatory evacuation of any area that includes the Premises, I shall comply with the order and evacuate the Premises upon being notified and will return all keys to the Premises to Agent’s office in Surf City. Furthermore, I agree not to return to the Premises after the mandatory evacuation order has been lifted without consent from the Agent. 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 Tenant appraised of evacuation orders by local governments; however, it is ultimately the Tenant’s responsibility. The tenant further agrees that the agent or owner may access the home to prepare for a weather event including but not limited to boarding windows/doors, closing hurricane shutters, moving deck furniture inside, etc. before the mandatory evacuation takes effect as the agent deems necessary.
12. 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. The tenant may be evicted under such procedures if the 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; (iv) has obtained possession of the Premises by fraud or misrepresentation.
13. 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) 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 respective representatives may enter the Premises during reasonable hours to inspect the Premises, to make such repairs, alterations, or improvements thereto as Agent or owner may deem appropriate, or to show the Premises to prospective purchasers or tenants. Tenants shall not assign this Agreement or sublet the Premises in whole or part without the written permission of the Agent.
14. PETS. Most properties do not allow pets on the premises. If the Tenant is in violation of a no-pet policy, the Tenant will be subject to expedited eviction as detailed above without refund, any and all cleaning costs, any losses incurred by the Property Owner and/or Agent due to this violation, and a $25.00 handling fee. If the Tenant is in a pet-permitted house and fails to report each pet and pay the non-refundable pet fee for each pet, the Tenant will be charged the non-refundable pet fee and an additional $25.00 handling fee for each pet. It is the Tenant’s responsibility to make the Agent aware of the number of pets they will be bringing.
15. ADDENDA. Attached are: Rental Policy, Rental Confirmation, Key Vacation Information, and Pool Addendum (when applicable). Tenant agrees that Tenant has received and read any such addenda and that they shall constitute an integral part of this Agreement. By signing this agreement, the Tenant also agrees to all conditions set forth in the listed addenda.
16. 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 the Tenant does not understand any portion of this Agreement, the Tenant should consult the Tenant’s attorney. All parties agree that in the event of a dispute, the Agreement will be interpreted in accordance with North Carolina law. Should the Agent be forced to resort to the employment of legal counsel, litigation, or professional collection services in the collection of any amounts due to the Agent under this Agreement, the Tenant shall be responsible for all costs associated with such. In the event of a lawsuit or other legal proceedings, all parties agree that such actions shall be held in the venue of Pender County, North Carolina.
17. PRICING. All prices quoted are subject to change without prior notice and are subject to state, county, and local accommodation taxes where applicable.
POLICIES AND PROCEDURES
1. RULES, REGULATIONS, POLICIES. By signing the Vacation Rental Agreement and policies and procedures, the Tenant certifies that Tenant has read, understands, and abides by all rules, policies, and regulations of Lewis Realty Associates, Inc. (Agent) and the property referenced in this agreement. Tenant agrees to vacate the Premises upon demand for any violation of any of these rules, policies, and regulations.
2. RESERVATION FEE. The tenant agrees to pay a non-refundable reservation fee plus applicable taxes to the Agent for the purpose of administering the reservation.
3. ADVANCE PAYMENT. The tenant agrees to pay an advance payment equal to roughly 50% of the reservation total at the time of booking online. The Vacation Rental Agreement must be signed and returned to the Agent's office within 14 days of making the reservation or the reservation will be subject to cancellation. If guests opt to make check payments they must call the office and make a $200 down payment with a VISA, Amex, Discover, or MasterCard to secure the reservation. The remainder of the advanced amount will be due within 14 days of booking. The tenant agrees to pay a $25.00 charge for returned checks. All payments must be in US funds via personal check or over the phone with a Visa, Amex, Discover, or MasterCard.
4. BALANCE PAYMENT. The tenant agrees to pay the balance payment within 30 days prior to check-in. Tenant understands that Tenant’s reservation may be canceled without a refund of advance payment if the balance payment has not been received 30 days prior to Tenant’s scheduled arrival date.
5. RESERVATIONS MADE WITHIN 30 DAYS OF ARRIVAL. Any reservation made within 30 days of arrival will be required to pay in full at the time of booking with guaranteed funds, such as a Visa, Amex, Discover, or MasterCard over the phone or online.
6. TRAVEL PROTECTION INSURANCE. Travel Insurance is available at the time of booking and is an optional fee. As of 8/8/2020, Lewis Realty has partnered with RentalGuardian.com and InsureStays to help safeguard your entire booking deposit and other prepaid non-refundable payments related to planned travel. (**Guests who purchased travel insurance prior to 8/1/2020 will have coverage through Travel Guard) We strongly encourage you to purchase optional travel insurance. Travel Insurance covers risks incidental to planned travel such as sickness, accidental injury, or death of you or a family member (or of a traveling companion), weather delays, natural disasters, unexpected changes in your employment, and many more specific reasons.
Option # 1 - Play Travel Protection - Standard: Standard Travel insurance can be added to your reservation total up to 30 days prior to check-in, or before you make your final payment on the reservation, whichever comes first. The cost of the Standard Travel Insurance plan is 7% of your total reservation invoice amount. The premium charged for travel insurance is non-refundable after 15 days of coverage purchase.
Option # 2 - Play Travel Protection - with Cancel for Any Reason Benefit: In addition to the standard travel insurance option listed above, guests have the option to purchase a deluxe travel insurance policy which includes the Cancel For Any Reason benefit. The CFAR policy protects guests in the event of cancellations that are not covered by the standard insurance plan. The CFAR will pay up to 60% of pre-paid non-refundable charges should your cancellation reason not be covered by the standard travel insurance. The cost of the standard travel insurance coverage with CFAR benefits is 10.8% of your total reservation invoice amount. The premium charged for travel insurance is non-refundable after 15 days of coverage purchase. This plan must be added to your reservation within 15 days of booking. After 15 days from booking, it will no longer be available but you can still purchase the standard travel insurance plan. **CFAR Benefits are NOT available to residents of New York, New Hampshire, or Washington. For policy coverage questions please call Insurestays Customer Service at 833-610-0736.
Guests opting not to purchase travel insurance should be aware that our standard cancellation policy will apply to all reservations per the terms and conditions of our rental agreement, therefore, your entire booking payment could be at risk in the event you do not purchase travel insurance protection.
NOTE: The NC Vacation Rental Act states that if travel insurance is offered, whether purchased or declined, the rental agency is under no obligation to make any refund due to a weather event or mandatory evacuation. Per this vacation rental agreement, no refund will be issued by Lewis Realty, and guests who purchase travel insurance will need to work with the insurance company directly to file a claim for reimbursement.
7. MINIMUM AGE. Agents will only rent to persons 25 years of age or older. Minors must be chaperoned at all times, or the Tenant is subject to immediate eviction. Agent reserves the right to check IDs to verify age.
8. MAXIMUM OCCUPANCY / GROUPS / 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 policies. Plan for a large enough property to comfortably accommodate all guests. NO 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. Agent reserves the right to immediately terminate or reject rental, without refund, if in Agent’s opinion, the Tenant has violated these policies or Agent determines, in Agent’s sole discretion, that Tenant and Tenant’s guests are detrimental to the property.
9. KEYS, POOL PASSES, PARKING PASSES, ETC. Most if not all properties are/will be keyless. If the property is not keyless, guests will be provided with two sets of keys. Additional keys may not be available upon request. The tenant agrees to pay $10.00 for each lost key. If not keyless, lockout service is available at an additional fee of $50.00 due and payable directly to the Agent at the time of service if: (1) a staff member must drive to the property during office hours, or (2) a staff member must drive to office or property after hours.
10. CHECK-IN / CHECKOUT / EARLY CHECK-IN / LATE CHECKOUT. Check-in time will be no earlier than 4:00 PM. As of 5/12/2020 - Early Check in’s and Late checks out’s have been discontinued until further notice**. The agent also reserves the right to extend standard check-in time until 5:00 PM if needed for extra cleaning or maintenance. Keys will not be released until the Tenant’s check-in time (as determined above). Checkout time for all units is 10:00 AM PROMPTLY. Tenants who have not checked out by 10:00 AM will be charged the late checkout fee of $50, and will still need to vacate the Premises immediately. The tenant agrees to return all keys, permits, etc. to the Agent's office. Furthermore, the Tenant agrees not to park on the Premises or occupy any portion of the Premises prior to Tenant’s check-in time or after the checkout time. Cleaners, Inspectors, Service and Repair companies, and Agents 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 the Tenant. Late check-ins must make prior arrangements with the Agent at the above phone number to pick up a check-in package.
11. OTHER ORDINANCES / RULES / REGULATIONS. Tenants agree to abide by all other ordinances, rules, and regulations that may be imposed by parties other than agents, such as local governments, homeowners associations, etc. Town ordinances prohibit the use of campers or other such motor vehicles except in designated campgrounds. Please consult with the Agent prior to bringing boats, trailers, campers, motor homes, or other large vehicles/equipment.
12. GRILLS. Grilling is NOT permitted on wooden decks or walkways, inside screened porches, garages, carport areas, or on the beach. Tenants shall use the driveway for grilling. A $75.00 fine will result in noncompliance with this rule. Neither Agent nor the property owner is responsible for filling empty LP gas tanks for gas grills. If a charcoal grill is present, the Tenant is responsible for providing charcoal. If a grill is furnished, the Tenant agrees to clean the grill and dump cooled ashes before departure. Cooled charcoal from charcoal grills must be dumped into trash bags and placed in the garbage cart or bin. Tenants staying in condominium developments shall use designated grilling areas to comply with development ordinances. Grills are not guaranteed to be available or functioning due to the harsh, corrosive environment, even though they may be listed as an amenity for the property. If a grill is rented through a rental equipment service, grilling regulations and cleanup procedures still apply.
13. SAND DUNES. Tenants shall not walk, play, or litter on the sand dunes across the island. The dunes are the only line of protection for the island. There are ordinances against dune destruction on Topsail Island, and fines beginning at $500. If the Agent finds litter on the sand dunes, there will be a $50 fine for cleanup incurred. If Agent witnesses or has reports of Tenant or anyone in Tenant’s group violating dune ordinances, Agent will: (1) Give warning to Tenant to respect the ordinance and refrain from further violation, and (2) Report Tenant to local authorities if an initial warning is not heeded. Neither Agent nor the Property Owner is liable for acts of nature covering crossovers or steps with sand. Tenants will use said crossovers or steps at Tenant’s own risk.
14. SMOKING. Smoking is permitted in designated smoking houses only. If the Tenant stays in a smoking property, it is the Tenant’s responsibility to properly dispose of all smoking-related debris and to refrain from discarding said debris on dunes or in yards. In non-smoking properties, if the Tenant or Tenant’s guests are caught smoking or have left evidence of smoking on the property, the Tenant will be charged with the additional cleaning required to remove smoke odor and/or stains and the like from the Premises, lose all or part of the security deposit, and could be evicted without refund.
15. PETS. Properties that allow pets will be designated as such, along with any pet occupancy limitations. Non-refundable pet fees will be charged per pet. If Tenant is found with a pet on the premises of a non-pet property, the Tenant will be subject to expedited eviction without refund, all cleaning costs, losses incurred by the Property Owner and/or Agent due to this violation, and a $150 + tax handling fee. If the Tenant is found with a pet on the premises of a pet-permitted property but where the pet is undeclared and where the pet fee is unpaid, the Tenant will be charged the non-refundable pet fee and an additional $25.00 handling fee per undeclared pet.
16. THINGS BEYOND OUR CONTROL. No refunds or transfers will be given due to nearby construction, noise, weather, mechanical breakdowns, cable and internet disruptions, or the like. ***Please Note: Most complex pools are only open for guest use from Memorial Day weekend through Labor Day weekend. Availability of pool access is at the discretion of the HOA and Lewis Realty has no control. No refunds will be issued in the event that the complex pool is or becomes inaccessible during your stay.
17. OWNER’S CLOSET. The Premises may contain a locked owner’s closet, chest, or cabinet containing the owner’s personal items. This area(s) is NOT part of the rental. Tenants may NOT force entry of such under penalty of trespass.
18. THERMOSTATS. Thermostats shall not be set below 71 degrees for air conditioning or above 75 degrees for heating. DO NOT run the air conditioner with the windows or doors open, as this will cause malfunction of the equipment. The refrigerator temperature dial shall not be set to anything other than the mid-range. The cost for unnecessary service calls related to improper use or treatment of such appliances will be charged to the Tenant.
19. MAIL. Should the Tenant receive messages and/or mail at our office, please ensure the caller/sender puts the message/mail to Tenant’s attention or rental property. All mail and messages will be posted at our office. It is the responsibility of the Tenant to check with the Agent's office daily should Tenant expect a package or message. The agent will deliver emergency messages as soon as possible.
20. UNWARRANTED SERVICE CALLS/ TRIP CHARGES: In the event, a service provider or Lewis Realty Staff member is scheduled to visit the property for any reason and is unable to access the property due to tenant or tenant actions, the tenant will be responsible for the cost of service providers fee or $75 charge, whichever is greater. In the event the tenant requests maintenance and no maintenance or repair issues are found, the tenant will be responsible for the cost of the service provider’s fee or the $75 charge, whichever is greater.
21. ERRORS AND OMISSIONS. The agent has tried to provide accurate information, but cannot be held responsible for errors, omissions, or changes in pricing, advertised amenities, and the like including, but not limited to any third-party services or marketing platforms.
22. CANCELLATIONS. If the Tenant should have to cancel their reservation or the agent has to cancel due to non-payment or any other reason a $200 cancellation fee will apply regardless of the reason for cancellation or the length of time the property has been booked. If the property has been booked for less than 14 days the tenant will be released from the rental contract. All paid funds minus the $200 cancellation fee will be refunded to the tenant. If a reservation has been booked for 14 days or more, the Tenant will be held responsible for the entire balance of the reservation unless the agent is able to re-rented the property for the entirety of the original rental period. Refunds will be processed in a timely manner but may take up to 45 days after Tenant’s scheduled departure date. Travel insurance is only refundable within 15 days from purchase. If you request to cancel your reservation and the 15-day window from purchase has passed, the amount paid for your Travel Insurance Policy will not be eligible for a refund and the policy will remain active for guest use. Please see the full terms of cancellation under paragraph 9 of the Vacation Rental Agreement. All requests must be in writing (email accepted). It is the tenant’s responsibility to confirm with Lewis Realty management that the request was received and processed.
23. AVAILABLE RENTAL ITEMS. The agent offers optional rental items for the convenience of the tenant such as linens, beach equipment, and water sports equipment. Tenants do not have to rent these items and are doing so at their own discretion. By requesting to rent items, the tenant agrees that the rental is based on availability. The tenant holds the agent harmless and agrees to indemnify agents from all liability of said rental items.
24. COMMUNICATIONS. By signing this vacation rental agreement, you ("Guest") hereby provide your explicit consent and opt-in to receive communication from Lewis Realty Associates, Inc. ("Host") via text message, email, and phone calls for matters concerning your reservation and other marketing messages.
You understand that Lewis Realty Associates, Inc. may contact you for essential reservation-related information, including booking confirmations, payment reminders, check-in instructions, property access codes, and check-out procedures. Additionally, you agree to receive marketing messages related to future offers, promotions, and updates regarding rental properties or affiliated services.
You have the right to opt out of marketing communication at any time by notifying Lewis Realty Associates, Inc. in writing or following the instructions provided in the communication.
WAIVO® SECURITY DEPOSIT WAIVER: If You have purchased a Waivo® Security Deposit Waiver, then the following terms and conditions are now part of Your vacation rental property lease agreement.
A.On behalf of Lewis Realty Associates, Inc., the party authorized to rent the vacation rental property and the owner of the vacation rental property, Waivo has assumed the responsibility for damages as outlined below and waives Your security deposit up to $5,000, the waiver limit purchased by You, the renter, for your stay at the vacation rental property.
B.Waivo is hereby responsible for theft or direct damage to real or personal property of the vacation rental property as a result of Your acts or omissions. Waivo will pay the lesser of the cost of repairs or the cost to replace the property up to $5,000. This waiver does not negate your responsibilities as a renter for items outside of Waivo’s responsibilities.
C. This is not an agreement to provide insurance. You are buying a waiver of the security deposit otherwise due as part of Your vacation rental property lease agreement.
A.This Security Deposit Waiver will not pay for damages or theft resulting from:
1. Acts of god
2. Prior damage, cosmetic damage, or normal wear and tear
3. Theft without a valid police report if over $250
4. Loss of use of the vacation rental property
5. Rodent, termite, infestation, or wild animal
6. Damage to a motorized vehicle
7. Fine art, collectibles, or sets of items
B. This Waiver will not pay for damage or theft of property owned by You.
C. This Waiver will not pay for costs associated with odor, debris removal, backups of sewers and drains, landscaping, marring, maintenance, or mechanical breakdown.
A. Waivo has the sole authority to determine the nature and extent of damages, necessary repairs, and eligibility for the waiver, and shall exercise that authority in a reasonable manner.
B. Waivo reserves the right to determine if the damage is eligible for reimbursement at actual cash value.
C. This Waiver will pay for excessive cleaning, as a direct result of damage, over and above the normal cleaning fee. An irreparable stain or spillage is considered damage.
D. This Waiver is only effective for a one-time single continuous stay, of up to 90 days, for which You purchased the Waiver. It takes effect when You occupy the vacation rental property and terminates when You depart the same vacation rental property.
E. This Waiver is only effective if any theft or damage is reported to Waivo by You, the property manager, the online travel agent, or the owner of the vacation rental property within 14 days of Your departure from the vacation rental property.
F. Waivo will not respond to damage or theft under $50 US dollars.
G. If there is a dispute related to these terms, mediation is required before any party may file litigation. In the event of litigation, all parties waive the right to a jury trial.
You, or Your, is the renter of the vacation rental property and includes the renter’s spouse, children, and any other person the renter invited onto the vacation rental property during your stay at the vacation rental property.
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 Lewis Realty Associates, Inc. I further understand and agree that to breach any items contained within the above-referenced documents will result in my eviction without a refund. I understand and agree that Lewis Realty Associates, Inc. has made every effort to provide accurate information; however, in the event of errors, omissions, or any changes by Lewis Realty Associates, Inc. or the Property Owner, I agree not to hold Lewis Realty Associates, Inc. or the Property Owner responsible or liable.
THE NORTH CAROLINA ASSOCIATION OF REALTORS®, INC. MAKES NO REPRESENTATION AS TO THE LEGAL VALIDITY OR ADEQUACY OF ANY PROVISION OF THIS FORM IN ANY SPECIFIC TRANSACTION. THE USE OF THIS FORM IS NOT INTENDED TO IDENTIFY THE USER AS A REALTOR®.
PLEASE SIGN AND RETURN THE FINAL PAGE TO LEWIS REALTY. You can also sign online through your guest portal
Property Name:_________________________________Tenant Name:__________________________________
Tenant Signature: ____________________________________________Date:____________________________