Thank you for choosing Yonder Luxury Vacation Rentals for your stay on the North Carolina Coast. We hope you enjoy your visit. If you have any questions, please call us at (888) 699-2987.
- CHECK IN/CHECK OUT TIMES. CHECK-IN TIME IS AFTER 4 P.M. EST AND CHECK-OUT IS 10 A.M. EST. No early check-ins without prior arrangement with Yonder. (Your security deposit will be charged a $50 fee for every 30 minutes past checkout time, IF, you have not received prior permission for late check-out*.)
*-please inquire if you would like to request early check-in or late checkout.
2. NO SMOKING. This is a NON SMOKING rental.
3. MINIMUM AGE. All renters &/or guarantors must of legal adult age.4. DAMAGE/RESERVATION DEPOSIT. A damage/”Security” deposit of $1,000 is required. This will actually be “held” with a credit card, rather than charged. The security deposit is NOT applied toward rent; and will never be charged, provided the following provisions are met. You will be notified if damages and charges are to be assessed.
a. No damage is done to unit or its contents, beyond normal wear and tear.
b. No charges are incurred due to contraband, pets or collection of rents or services rendered during the stay.
c. All debris, rubbish and discards are placed in waste baskets, and soiled dishes are placed in the dishwasher and cleaned.
d. All keys are left either in Lock-Box or with owners, and unit is left locked.
e. All charges accrued during the stay (e.g. pay per view movies) are paid prior to departure.
f. No linens are lost or damaged.
g. NO Early check-in or late check-out without prior approval of owners.
h. The renter is not evicted by the owner (or representative of the owner) or the local law enforcement.
i. Gas grill is turned off fully, and no additional propane gas is wasted. Tank will be checked for level before & after check-out.
NOTE: Guests are financially responsible for any and ALL damages to the property during their stay. It is possible that these may exceed the $1,000 Security Deposit, and guests understand that there is NO limit to their financial responsibility. Any and ALL damages will be charged to the credit card on file.
5. PAYMENTS: Payments must be submitted as stated on the first page of the confirmation document that you will receive within 24 hours of booking: either one full payment or two even payments if your check-in date is more than 60 days away. Each payment must be submitted with one check or one credit card. We do not have the ability to split payments among groups. Thank you in advance for your cooperation and understanding. Please make payments in the form of traveler’s checks, bank money orders, cashiers checks or personal checks payable to Yonder. If you prefer to use a credit card, we accept the four major cards. The security deposit is again, NOT charged prior to your arrival date, and notification of any issues & subsequent charges will be sent within ten (10) days of checkout.
6. CANCELLATIONS: Cancellations that are made more than ninety-one (91) days prior to the arrival date will be eligible for a full refund, minus a $350.00 service charge. Cancellations or changes that result in a shortened stay, that are made within ninety (90) days of the arrival date, forfeit fifty percent (50%) of all rental fees, up until sixty-one (61) days prior to check-in. Cancellations made within sixty (60) days of stay will forfeit all rental fees, except cleaning fees and applicable taxes. Early departure does not warrant a refund of rent.
* – email constitutes effective written notice and is governed by the timestamp of email receipt.
7. LOST ITEMS: If anyone in your group leaves behind an item, we are happy to return it to you as quickly as possible. We understand these things happen on occasion and will assist in any way possible; however, there will be an additional fee for this service, simply to cover our time/costs in handling. This fee will include a $35 handling fee, (for our time), plus any shipping costs, which we will not know until the item has been shipped. This may be charged to the card we have on file for you or another card if provided.
8. ADDITIONAL SLEEPING ARRANGEMENTS: You are more than welcome to bring any blow up mattresses that you can fit in the home as long as the number of overnight guests does not surpass the maximum occupancy. Please note; however, that we do not provide bedding or linen for these additional sleeping arrangements. If you chose to utilize this option, you will need to bring your own sheets, blankets, pillows, towels, and washcloths. We DO provide all of those things for every bed in the home (i.e. for every person that the house “sleeps in beds”); however, if you’d like to utilize the maximum occupancy for this home, you will need to furnish the rest.
9. FALSIFIED RESERVATIONS. Any reservation obtained under false pretense will be subject to forfeiture of all payments, deposit and/or rental money, and the party will not be permitted to check-in.
10. WRITTEN EXCEPTIONS – Any exceptions to the above mentioned policies must be approved in writing in advance.
11. STORM POLICY/ROAD CONDITIONS. No refunds will be given for storms or other “natural events” or “natural disasters”, such as blizzards, hurricanes, etc. Mountain roads can be curvy & steep, and can be icy, please use caution. We do not issue any refunds due to road conditions or other effects from storms or other events. Plan accordingly, and/or obtain 3rd party “vacation rental insurance” to cover unforeseeable events or “acts of God”.
12: CLAIMS AND/OR DISPUTES: Any claim or dispute which may arise between the Guest (Contracting Party) and Yonder (as legal representative of both Yonder and the Owners of the vacation rental) arising out of, or relating to, the Agreement or the breach thereof by either party, shall be addressed between the Guest and the Broker-in-Charge for Yonder. IF said claim or dispute cannot be agreeably settled, then the issue shall be decided by the governing courts through legal representation retained, separately by each party involved. However, all parties agree to 1st pursue settlement, with legal counsel if desired, through 3rd party mediation, mediator and location of mediation to be agreed upon by both parties. If initial mediation fails, prior to pursuing a trial, but after filing a lawsuit, both parties agree to again attempt 3rd party mediation. The failure of either party to exercise any rights granted hereunder shall not operate as a waiver of any of those rights. The laws of the State of North Carolina will govern this Agreement, and any legal actions will be commenced and handled in Buncombe County.
NOTICES REQUIRED BY NC VACATION RENTAL ACT
N.C.G.S.§ 42A-15. Trust account uses.
A landlord or real estate broker may require a tenant to pay all or part of any required rent, security deposit, or other fees permitted by law in advance of the commencement of a tenancy under this Chapter if these payments are expressly authorized in the vacation rental agreement. If the tenant is required to make any advance payments, other than a security deposit, whether the payment is denominated as rent or otherwise, the landlord or real estate broker shall deposit these payments in a trust account in an insured bank or savings and loan association in North Carolina no later than three banking days after the receipt of the these payments. These payments deposited in a trust account shall not earn interest unless the landlord and tenant agree in the vacation rental agreement that the payments may be deposited in an interest-bearing account. The landlord and tenant shall also provide in the agreement to whom the accrued interest shall be disbursed.
N.C.G.S. § 42A-16. Advance payments uses.
(a) A landlord or real estate broker shall not disburse prior to the occupancy of the property by the tenant an amount greater than fifty percent (50%) of the total rent except as permitted pursuant to this subsection. A landlord or real estate broker may disburse prior to the occupancy of the property by the tenant any fees owed to third parties to pay for goods, services, or benefits procured by the landlord or real estate broker for the benefit of the tenant, including administrative fees permitted by G.S. 42A-17(c), if the disbursement is expressly authorized in the vacation rental agreement. The funds remaining after any disbursement permitted under this subsection shall remain in the trust account and may not be disbursed until the occurrence of one of the following:
(1) The commencement of the tenancy, at which time the remaining funds may be disbursed in accordance with the terms of the agreement.
(2) The tenant commits a material breach, at which time the landlord may retain an amount sufficient to defray the actual damages suffered by the landlord as a result of the breach.
(3) The landlord or real estate broker refunds the money to the tenant.
(4) The funds in the trust account are transferred in accordance with G.S. 42A-19(b) upon the termination of the landlord’s interest in the property.
(b) Funds collected for sales or occupancy taxes and tenant security deposits shall not be disbursed from the trust account prior to termination of the tenancy or material breach of the agreement by the tenant, except as a refund to the tenant.
(c) The tenant’s execution of a vacation rental agreement in which he or she agrees to the advance disbursement of payments shall not constitute a waiver or loss of any of the tenant’s rights to reimbursement of such payments if the tenant is lawfully
N.C.G.S.§ 42A-17. Accounting; reimbursement.
(a) A vacation rental agreement shall identify the name and address of the bank or savings and loan association in which the tenant’s security deposit and other advance payments are held in a trust account, and the landlord and real estate broker shall provide the tenant with an accounting of such deposit and payments if the tenant makes a reasonable request for an accounting prior to the tenant’s occupancy of the property.
(b) Except as provided in G.S. 42A-36, if, at the time the tenant is to begin occupancy of the property, the landlord or real estate broker cannot provide the property in a fit and habitable condition or substitute a reasonably comparable property in such condition, the landlord and real estate broker shall refund to the tenant all payments made by the tenant.
(c) A vacation rental agreement may include administrative fees, the amounts of which shall be provided in the agreement, reasonably calculated to cover the costs of processing the tenant’s reservation, transfer, or cancellation of a vacation rental.
(d) A vacation rental agreement may include a cleaning fee, the amount of which shall be provided in the agreement, reasonably calculated to cover the costs of cleaning the residential property upon the termination of the tenancy. (1999-420, s. 1; 2005-292, s. 1; 2012-17, s. 6.)
N.C.G.S.§ 42A-19. Transfer of property subject to a vacation rental agreement.
(a) The grantee of residential property voluntarily transferred by a landlord who has entered into a vacation rental agreement for the use of the property shall take title to the property subject to the vacation rental agreement if the vacation rental is to end not later than 180 days after the grantee’s interest in the property is recorded in the office of the register of deeds. If the vacation rental is to end more than 180 days after the recording of the grantee’s interest, the tenant shall have no right to enforce the terms of the agreement unless the grantee has agreed in writing to honor those terms, but the tenant shall be entitled to a refund of payments made by him or her, as provided in subsection (b) of this section.
Prior to entering into any contract of sale, the landlord shall disclose to the grantee the time periods that the property is subject to a vacation rental agreement. Not later than 10 days after transfer of the property, the landlord shall disclose to the grantee each tenant’s name and address and shall provide the grantee with a copy of each vacation rental agreement. In lieu of providing the grantee a copy of each vacation rental agreement, where the landlord or the landlord’s agent utilizes a standard form vacation rental agreement, the landlord may provide the grantee with a copy of the part of each vacation rental agreement that contains information unique to the tenancy, the amount to be paid by the tenant, and the parties’ signatures, along with one copy of the rest of the standard form vacation rental agreement. However, the landlord shall not be required to provide the grantee with copies of the vacation rental agreements if in anticipation of acquiring the property the grantee has engaged the landlord’s rental agent to continue to manage the property after the transfer and the landlord authorizes the rental agent to provide the information to the grantee and the grantee approves. Not later than 20 days after transfer of the property, the grantee or the grantee’s agent shall:
(1) Notify each tenant in writing of the property transfer, the grantee’s name and address, and the date the grantee’s interest was recorded.
(2) Advise each tenant whether he or she has the right to occupy the property subject to the terms of the vacation rental agreement and the provisions of this section. NC General Statutes – Chapter 42A 5
(3) Advise each tenant of whether he or she has the right to receive a refund of any payments made by him or her.
Notwithstanding any other provision of this section, if the grantee engages as the grantee’s broker and rental agent for the property the broker who procured the tenant’s vacation rental agreement for the landlord, the grantee shall have no obligation under subdivisions (1), (2), and (3) of this subsection with regard to those tenants whose vacation rental agreements must be honored under this section or with regard to those tenants whose vacation rental agreements the grantee has agreed in writing to honor.
(b) Except as otherwise provided in this subsection, upon termination of the landlord’s interest in the residential property subject to a vacation rental agreement, whether by sale, assignment, death, appointment of receiver or otherwise, the landlord or the landlord’s agent, or the real estate broker, shall, within 30 days, transfer all advance rent paid by the tenant, and the portion of any fees remaining after any lawful deductions made under G.S. 42A-16, to the landlord’s successor in interest and thereafter notify the tenant by mail of such transfer and of the transferee’s name and address.
For vacation rentals that end more than 180 days after the recording of the interest of the landlord’s successor in interest, unless the landlord’s successor in interest has agreed in writing to honor the vacation rental agreement, the landlord or the landlord’s agent, or the real estate broker, shall, within 30 days, transfer all advance rent paid by the tenant, and the portion of any fees remaining after any lawful deductions made under G.S. 42A-16, to the tenant. Compliance with this subsection shall relieve the landlord or real estate broker of further liability with respect to any payment of rent or fees. Funds held as a security deposit shall be disbursed in accordance with G.S. 42A-18.
(c) Repealed by Session Laws 2000-140, s. 41, effective July 21, 2000.
(d) The failure of a landlord to comply with the provisions of this section shall constitute an unfair trade practice in violation of G.S. 75-1.1. A landlord who complies with the requirements of this section shall have no further obligations to the tenant.
Expedited Eviction Proceedings
- 42A-23. Grounds for eviction.
(a) Any tenant who leases residential property subject to a vacation rental agreement under this Chapter for 30 days or less may be evicted and removed from the property in an expedited eviction proceeding brought by the landlord, or real estate broker as agent for the landlord, as provided in this Article if the tenant does one of the following:
(1) Holds over possession after his or her tenancy has expired.
(2) Has committed a material breach of the terms of the vacation rental agreement that, according to the terms of the agreement, results in the termination of his or her tenancy.
(3) Fails to pay rent as required by the agreement.
(4) Has obtained possession of the property by fraud or misrepresentation.
(b) Only the right to possession shall be relevant in an expedited eviction proceeding. All other issues related to the rental of the residential property shall be presented in a separate civil action. (1999-420, s. 1.)§ 42A-24. Expedited eviction.
(a) Before commencing an expedited eviction proceeding, the landlord or real estate broker shall give the tenant at least four hours’ notice, either orally or in writing, to quit the premises. If reasonable efforts to personally give oral or written notice have failed, written notice may be given by posting the notice on the front door of the property.
(b) An expedited eviction proceeding shall commence with the filing of a complaint and issuance of summons in the county where the property is located. If the office of the clerk of superior court is closed, the complaint shall be filed with, and the summons issued by, a magistrate. The service of the summons and complaint for expedited eviction shall be made by a sworn law enforcement officer on the tenant personally or by posting a copy of the summons and complaint on the front door of the property. The officer, upon service, shall promptly file a return therefor. A hearing on the expedited eviction shall be held before a magistrate in the county where the property is located not sooner than 12 hours after service upon the tenant and no later than 48 hours after such service. To the extent that the provisions of this Article are in conflict with the Rules of Civil Procedure, Chapter 1A of the General Statutes, with respect to the commencement of an action or service of process, this Article controls.
(c) The complaint for expedited eviction shall allege and the landlord or real estate broker shall prove the following at the hearing:
(1) The vacation rental is for a term of 30 days or less.
(2) The tenant entered into and accepted a vacation rental agreement that conforms to the provisions of this Chapter.
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.
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