Thank you for choosing Yonder Luxury Vacation Rentals for your stay in Asheville. We hope you enjoy your visit. If you have any questions, please call us at (888) 699-2987.
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.
1. PAYMENTS: Payments must be submitted as either one full payment or two 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 NOT charged prior to your arrival date, and notification of any issues & subsequent charges will be sent within ten (10) days of checkout.
2. CANCELATIONS: Cancelations 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. Cancelations 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. Cancelations 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.
3. HANDLING OF FUNDS: Yonder handles all trust funds appropriately per the NC Vacation Rental Act and NCREC Escrow Account Regulations. Per the NC Vacation Rental Act, fifty percent (50%) of your rental fees may be disbursed upon receipt. Any third party fees such as the processing fee and any concierge fees may be disbursed prior to arrival as well. The remaining fifty percent (50%) of your rental fees, the cleaning fee, and taxes will be held in our Escrow Account until your check out date. ALL TRUST FUNDS ARE HELD IN AN INTEREST BEARING ESCROW ACCOUNT AT ASHEVILLE SAVINGS BANK; 11 CHURCH STREET; ASHEVILLE, NC 28801.
4. DAMAGE: Your credit card information will be kept on file, but will not be charged unless damages are accrued during your stay and assessed at inspection. 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. Any 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. 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. MINIMUM AGE: All renters &/or guarantors must be of legal adult age.
6. 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.
7. WRITTEN EXCEPTIONS: Any exceptions to the above mentioned policies must be approved in writing in advance.
8. MAXIMUM OCCUPANCY: You must abide by the maximum occupancy limits of the home that you book.
9. 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.
10. 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. (You 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.
11. NO SMOKING: This is a NON SMOKING rental.
12. PETS: Some Yonder homes allow pets while others do not. You will be required to sign and honor the applicable pet policy.
13. 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.
14. BUGS: Ladybugs (or more correctly, “Japanese Beetles”) & “Stinkbugs” are now a naturally occurring phenomenon in NC. They do occasional appear inside of the homes, most often without warning; however, they are completely harmless. Our cleaning crew does clean them up prior to each stay (if present), and vacuums are provided for your use during your stay. Unfortunately, neither of these bugs can be exterminated; therefore, neither Yonder nor the owners can be held responsible if they are present, and no refunds will be given for the presence of these bugs.
15. MAINTENANCE ISSUES: Yonder spends a great deal of time and effort insuring the integrity and upkeep of all the systems in all of our homes, but even so, sometimes “things break”. When this occurs, Yonder will make every effort to correct the situation, and/or make your stay as comfortable as possible considering the circumstances. Yonder nor the home owner can be held responsible for any “system” breakdown, including but not limited to any appliances or amenities. Except as provided in the “MANDATORY EVACUATIONS” section below, if, at the time guest is to begin occupancy of the property, the home owner or Yonder cannot provide the property in a fit and habitable condition or substitute a reasonably comparable property in such condition, the homeowner and Yonder shall refund to the tenant all payments made by the tenant.
16. MANDATORY EVACUATIONS: If State or local authorities order a mandatory evacuation of an area that includes this home, the guest under the vacation rental agreement, whether in possession of the property or not, shall comply with the evacuation order. The guest shall not be entitled to a refund from Yonder or the home owner because qualifying trip insurance has been offered; which, if purchased, would compensate guest for losses or damages resulting from loss of use of the property due to a mandatory evacuation order.
17. STORM POLICY/ROAD CONDITIONS: In the event of a storm, Yonder will make every effort to ensure the home is accessible for your stay; however, no refunds will be given for storms or other “natural events” or “natural disasters”, such as blizzards, hurricanes, etc; so long as the home remains fit and habitable. 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 trip insurance to cover unforeseeable events or “acts of God”.
18. EXPEDITED EVICTION: This agreement is subject to the “Expedited Eviction Proceedings” dictated in the North Carolina Vacation Rental Act. The exact verbiage is provided later in this agreement for your review.
19. TRAVEL INSURANCE: Travel insurance is available from Travel Guard, to learn more follow the link below or call Travel Guard at 877.249.5376.
20. NC VACATION RENTAL ACT: This agreement is covered by the NC Vacation Rental Act. If you have any questions please contact us directly, and/or refer directly to the NC Vacation Rental Act. http://www.ncleg.net/gascripts/statutes/statutelookup.pl?statute=42a
21. LIABILITY WAIVERS: Some of our homes include various items for which we require liability waivers. These items include pools, hot tubs, lakes, the intercostal water way, playgrounds, trampolines, docks, fragile furnishings, etc. If the home you book has any of these items, you will be asked to sign a liability waiver at the time of booking.
22. NEIGHBORHOOD: Some of our homes are within private communities which enforce their own rules and regulations. If the home you book is within one of these communities, your contract may include some additional verbiage regarding these rules and regulations.
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.
By accepting these terms and conditions, you are submitting an electronic signature. You will be asked to sign a copy of this contract for our records upon booking; however, by submitting this electronic signature, you are agreeing to all of the terms outlined in this contract. Please carefully read the entire contract prior to submitting an electronic signature.
If you prefer to submit a written signature you may do so by by booking directly with Yonder instead of online. Simply call or email us and we will send you a copy of this contract via email for you to printing, signing each applicable page, and returning to Yonder in one of the following ways:
1. Scan the signed contract to your computer and e-mail it to firstname.lastname@example.org
2. Fax the signed contract to (828) 333-9323
3. Mail the signed contract to:
16 Church Street
Asheville, NC 28801
If you would like, we can also print off a copy of this contract and mail it to you. If you would like for us to do this, please let us know and provide us with the address to which the contract should be sent.
Claims &/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.
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.
(3) The tenant committed one or more of the acts listed in G.S. 42A-23(a) as grounds for eviction.
(4) The landlord or real estate broker has given notice to the tenant to vacate as a result of the breach as provided in subsection (a) of this section.
The rules of evidence shall not apply in an expedited eviction proceeding, and the court shall allow any reasonably reliable and material statements, documents, or other exhibits to be admitted as evidence. The provisions of G.S. 7A-218, 7A-219, and 7A-220, except any provisions regarding amount in controversy, shall apply to an expedited eviction proceeding held before the magistrate. These provisions shall not be construed to broaden the scope of an expedited eviction proceeding to issues other than the right to possession.
(d) If the court finds for the landlord or real estate broker, the court shall immediately enter a written order granting the landlord or real estate broker possession and stating the time when the tenant shall vacate the property. In no case shall this time be less than 2 hours or more than 8 hours after service of the order on the tenant. The court’s order shall be served on the tenant at the hearing. If the tenant does not appear at the hearing or leaves before the order is served, the order shall be served by delivering the order to the tenant or by posting the order on the front door of the property by any sworn law enforcement officer. The officer, upon service, shall file a return therefor.
If the court finds for the landlord or real estate broker, the court shall determine the amount of the appeal bond that the tenant shall be required to post should the tenant seek to appeal the court order. The amount of the bond shall be an estimate of the rent that will become due while the tenant is prosecuting the appeal and reasonable damages that the landlord may suffer, including damage to property and damages arising from the inability of the landlord or real estate broker to honor other vacation rental agreements due to the tenant’s possession of the property. (1999-420, s. 1.)
§ 42A-25. Appeal.
A tenant or landlord may appeal a court order issued pursuant to G.S. 42A-24(d) to district court for a trial de novo. A tenant may petition the district court to stay the eviction order and shall post a cash or secured bond with the court in the amount determined by the court pursuant to G.S. 42A-24(d). (1999-420, s. 1.)
§ 42A-26. Violation of court order.
If a tenant fails to remove personal property from a residential property subject to a vacation rental after the court has entered an order of eviction, the landlord or real estate broker shall have the same rights as provided in G.S. 42-36.2(b) as if the sheriff had not removed the tenant’s property. The failure of a tenant or the guest of a tenant to vacate a residential property in accordance with a court order issued pursuant to G.S. 42A-24(d) shall constitute a criminal trespass under G.S. 14-159.13. (1999-420, s. 1.)
§ 42A-27. Penalties for abuse.
A landlord or real estate broker shall undertake to evict a tenant pursuant to an expedited eviction proceeding only when he or she has a good faith belief that grounds for eviction exists under the provisions of this Chapter. Otherwise, the landlord or real estate broker shall be guilty of an unfair trade practice under G.S. 75-1.1 and a Class 1 misdemeanor. (1999-420, s. 1.)