BLR Endorsed Accomodations – Vacation Rental Agreement

blrea-logo

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 E-SIGNATURE OF THIS AGREEMENT, OR ACKNOWLEDGEMENT OF AGREEMENT TO THIS AGREEMENT OR PAYMENT OF MONEY OR TAKING POSSESSION OF THE PROPERTY AFTER YOUR RECEIPT OF THE AGREEMENT, IS EVIDENCE OF YOUR ACCEPTANCE OF THE AGREEMENT AND YOUR INTENT TO USE THIS PROPERTY FOR A VACATION RENTAL.

Bear Lake Reserve Endorsed Accommodations (“BLREA”)

503 Harbor Ridge Road
Tuckasegee, North Carolina
Phone: (828) 293-7414
Email: vacations@bearlakereserve.com

Persons who secured reservation online or by phone (“Tenant”)

BLREA, as an authorized representative of the owner, hereby rents to Tenant, and Tenant hereby rents from BLREA, the vacation property described below (referred to hereafter as the “Premises”) on the terms contained in this Agreement.

  1. “Premises” is defined as the property which the Tenant has chosen to reserve online or by phone.
  2. “Term” is defined as the length of stay the Tenant will be on the Premises in accordance to Check-In & Check-Out times.
  3. “Rent” is the monetary amount the Tenant has agreed to pay upon during reservation in accordance to the terms set forth in Paragraph 4.
  4. “Financial Terms” include advance rent, security deposit, rent balance, other fees, & taxes*. All payments shall be required to be secured via a valid credit card provided at the time of reservation.* Tax rates are calculated as of the time of this Agreement. Tenant shall be responsible for payment of all applicable taxes according to rates in effect at the time of occupancy.
  5. Disbursement of Rent and Third Party Fees.  Tenant authorizes BLREA to disburse up to fifty percent (50%) of the rent set forth in paragraph 3 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. Tenant also authorizes BLREA 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 BLREA for the benefit of Tenant, including but not limited to any fees set forth herein payable to BLREA for reservation, transfer or cancellation of Tenant’s tenancy.
  6. Security Deposit. Any security deposit provided for in paragraph 4 above may be applied to actual damages caused by Tenant as permitted under the Tenant Security Deposit Act.  In addition, BLREA 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.  BLREA shall apply, account for, or ref und Tenant’s security deposit within 45 days following the end of the tenancy.
  7. Damages. Lessees assume financial responsibility for damages or loss caused by negligence or deliberate abuse to the structure, furnishings, appliances, landscaping, recreational equipment and any other provided items or materials of the rental property (wear and tear arising from reasonable and customary use and damage by the elements are excepted). By reserving a home, the lessee hereby grants consent for Bear Lake Reserve Endorsed Accommodations to charge their credit card in any amount of actual damages to the Property, excessive cleaning or missing items incurring from their stay. BLREA reserves the right to include costs related to staff and administrative time within the total costs of damages. There will be no charges provided that no damage is done to the unit or its contents, beyond normal wear and tear.
  8. Trust Account.  Any advance payment made by Tenant shall be deposited in a trust account with designated bank during the reservation process.Tenant agrees that any advance payment may be deposited in an interest-bearing trust account and that any interest thereon shall accrue for the benefit of, and shall be paid to, the owner (or as the owner directs) as it accrues and as often as is permitted by the terms of the account.
  9. 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 remainder of the Premises that Tenant uses; and notifying BLREA in writing of the need of replacement of or repairs to a smoke detector, and replacing the batteries as needed during the tenancy.  Tenant agrees not to use the Premises for any activity or purpose that violates any criminal law or governmental regulation.  Tenant’s breach of any duty contained in this paragraph shall be considered material, and shall result in the termination of Tenant’s tenancy.
  10. BLREA Duties. BLREA agrees to provide the Premises in a fit and habitable condition. If at the time Tenant is to begin occupancy of the Premises, BLREA cannot provide the Premises in a fit and habitable condition or substitute a reasonably comparable property in such condition, BLREA shall refund to Tenant all payments made by Tenant.  BLREA 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.
  11. Cancellation.  Cancellations made more than 21 days before arrival will receive a refund of 50% of the down payment amount. Cancellations made 14-20 days before dates of stay will forfeit the entire down payment amount. Cancellations within 14 days of the dates of stay will be charged the full amount of the total stay.
  12. Transfer of Premises.
    1. If the owner voluntarily transfers the Premises, Tenant has the right to enforce this Agreement against the grantee of the Premises if 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, 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, Tenant is entitled to a refund of all advance rent paid by Tenant (and other fees owed to third parties not already lawfully disbursed). Within 20 days after transfer of the Premises, the grantee or the grantee’s BLREA is required to: (i) notify 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 BLREA 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.
    2. Upon termination of the owner’s interest in the Premises, whether by sale, assignment, death, appointment of a receiver or otherwise, the owner, owner’s BLREA, or real estate BLREA 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.
    3. If the owner’s interest in the Premises is involuntarily transferred prior to Tenant’s occupancy of the Premises, the owner is required to refund to Tenant all advance rent paid by Tenant (and other fees owed to third parties not already lawfully disbursed) within 60 days after the transfer.
  13. Mandatory Evacuation.  If State or local authorities order a mandatory evacuation of an area that includes the Premises, Tenant shall comply with the order.  Upon compliance, Tenant will be entitled to a refund of the prorated rent for each night that Tenant is unable to occupy the Premises because of the order.  However, Tenant will not be entitled to a refund if, prior to taking possession of the Premises: (i) Tenant refused insurance offered by BLREA that would have compensated Tenant for losses or damages resulting from loss of use of the Premises due to a mandatory evacuation order, or (ii) Tenant purchased such insurance from BLREA.
  14. 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.  Tenant may be evicted under such procedures if 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; or (iv) has obtained possession of the Premises by fraud or misrepresentation.
  15. Indemnification and Hold Harmless; Right of Entry; Assignment.  Tenant agrees to indemnify and hold harmless BLREA 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 BLREA or the owner, or the failure of BLREA or the owner to comply with the Vacation Rental Act. Tenant agrees that BLREA, 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 BLREA or owner may deem appropriate, or to show the Premises to prospective purchasers or tenants.  Tenant shall not assign this Agreement or sublet the Premises in whole or part without written permission of BLREA.
  16. Acts of God; Construction Noise. BLREA shall not be liable for events beyond their control which may interfere with Tenant’s scheduled occupancy, including but not limited to Acts of God, acts of governmental agencies, strikes, terrorism, war, inclement weather, flooding, construction noise from nearby sites, and so forth. NO REBATE OR REFUND will be offered in these circumstances.
  17. Pets. Unless otherwise specifically permitted in this Agreement or during reservation via online or phone, no pets shall be allowed on the Premises. Tenant’s breach of this provision shall be considered material, and shall result in the termination of Tenant’s tenancy.
  18. Max Occupancy. The maximum occupancy is the number of people each property sleeps. Each Premises has a designated max occupancy that should be adhered to. Exceeding occupancy limits is considered a serious violation of this Rental Agreement and local law. BLREA reserves the right to deny access or to have the premises vacated with no refund should the occupancy limit be exceeded.
  19. Property Rules. Tenants must adhere to any and all property rules. These include no illegal drugs at any time on the premises or within the Bear Lake Reserve community and each Premise’s policies which may include smoking, parties, large group gatherings, and noise levels.
  20. Addenda. Any addenda to this Agreement are described in the following space and readily available for review on the website for BLREA, www.blrvacations.com:
    • BLREA Policies & Procedures
    • North Carolina Vacation Rental Act

    Tenant agrees that Tenant has received and read any such addenda, and that they shall constitute an integral part of this Agreement.

  21. Signatures. By filling out the form below, you are agreeing to everything that has been stated above.

BLREA acknowledges and agrees to the terms stated in the above.

GO BACK