|Terms & Conditions
|Please read your vacation rental agreement carefully.
Any monies received by Salt and Sand Realty for occupancy of vacation property indicated the acceptance of the terms of our vacation rental agreement in full. All policies are strictly enforced. It is the responsibility of all guests and members of their party to be familiar with all policies pertaining to rental.
|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.
Salt and Sand Realty Vacation Rental Agreement
Salt and Sand Realty, (herein referred to as “S&S”) and its employees shall always act as the agent for the Owner/Landlord
1. DISBURSEMENT OF RENT AND THIRD-PARTY FEES. Tenant authorizes S&S to disburse up to fifty percent (50%) of the rent set forth under "Account Information" 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 the Tenant, or as otherwise permitted under the Vacation Rental Act.
Tenant agrees to pay $25 processing fee for any check of Tenant’s that may be returned by the financial institution due to insufficient funds or because Tenant did not have an account at the financial institution. S&S may also disburse, prior to tenancy, any fees owed to third parties to pay for goods, services, or benefits procured by S&S for the benefit of Tenant including, but not limited to, any fees set forth herein payable to S&S for reservation, transfer, or cancellation of Tenant’s occupancy.
2. TRUST ACCOUNT. All payments made by the Tenant shall be deposited in a trust account with First Citizens Bank located on Oak Island, NC. Tenant agrees that all payments 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, S&S (or as Owner directs) as it accrues and as often as is permitted by the terms of the account.
3. 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 S&S in writing of the need of replacement of, or repairs, to a smoke detector, and replacing the batteries as needed during tenancy. The vacation property should not be used or occupied by more than the maximum allowable number of occupants including Tenant’s family, children, and guests. State health rules base occupancy on two persons per permitted bedroom. Tenant’s breach of any duty contained in this paragraph shall be considered material and shall result in termination of Tenant’s occupancy. Tenant may not use Premises for any other purpose or activity that violates any criminal law or governmental regulation. Commercial use of the Premises is prohibited. No pets allowed unless otherwise stated in this Agreement and specific to pet-friendly property.
4. AGENT DUTIES. S&S agrees to provide the Premises in a fit and habitable condition. If at time Tenant is to begin occupancy of the Premises, and S&S cannot provide the Premises in a fit and habitable condition or substitute a reasonably comparable property in such condition, S&S shall refund to Tenant all payments made by Tenant. S&S 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.
5. SECURITY DEPOSIT/DAMAGE PROTECTION. Tenant is responsible for any actual damage done to the Property, whether accidental or willful, except normal wear and tear. S&S offers our guests the option to waive the security deposit requirement by taking advantage of our “No Worries Damage Waiver Program”. This program is designed to protect our tenant guests from incidental and accidental damages to the property during their stay. If the “No Worries Damage Waiver Program” is purchased, the program will cover costs for damages up to $2,000. The “No Worries Damage Waiver Program” is an optional coverage and tenant may decline the purchase by agreeing to pay the security deposit associated with the specific property. Security Deposit may be applied to actual damages caused by Tenant as permitted in accordance with the North Carolina Tenant Security Deposit Act as codified in GS42-6 and will either be applied to cost of damages or refunded within forty-five (45) days following Tenant check-out. Guest is responsible to immediately notify Salt and Sand in the event of incidental or accidental damages and to document the occurrence in a timely manner (within 24 hours) and before their departure date. Tenant is solely responsible for any intentional or willful damage to the Property. S&S will, at its sole discretion, determine actual damages.
6. CANCELLATIONS/RESERVATION TRANSFERS. If you should have to cancel your reservation please notify us in writing immediately. If your reservation must be cancelled for any reason, all monies paid will be forfeited unless the home or condo is re-rented for the entire cancelled period and for the original rental amount. If re-rented for the original rental amount and when payment is received from new tenant, all monies paid be refunded less the cancellation fee of $65, travel insurance premium (if purchased), and reservation fee. If re-rented at a lower rental amount, your refund will be decreased by the difference between the original rental amount and the lower rental amount, as well as the $65 cancellation fee, travel insurance premium(if purchased), and the reservation fee. Guests will be refunded for any fees which are received through S&S for goods, services, activity packages, or rental items that have not already been paid out to third parties. A change of rental dates for the same property during the current calendar year is considered a cancellation. Please consider Rental Guardian Travel Insurance to avoid some of the risks involved with the necessity of cancelation. Travel insurance is non-refundable. Please note: S&S reserves the right to cancel or transfer reservation at any time prior to taking occupancy. Should this occur, reservations will be transferred to a comparable property or refund all monies received from tenant.
7. TRANSFER OF PREMISES (SALE OF PROPERTY). (1) If Owner voluntarily transfers 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 grantee’s interest in the Premises has been 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 (and other fees owed to third parties not already lawfully disbursed). Within 20 days after transfer of Premises, if grantee changes agents, the grantee or the grantee’s original agent 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 he has the right to occupy the Premises subject to the terms of this Agreement or receive a refund of any payments made by Tenant. (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 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. (3) If the Owner’s interest of 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 within 60 days after the transfer.
8. 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 through Rental Guardian Travel Insurance 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 Guardian through Salt and Sand that would have compensated Tenant for losses or damages resulting from the loss of use of the Premises due to a mandatory evacuation order.
9. EXPEDITED EVICTION. If the tenancy created hereunder is for 30 days or less, the expedited eviction procedure set forth in the VRA will apply. Tenant may be evicted under such procedures if Tenant: (i) Holds over 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.
10. GOVERNING LAW; CONSENT TO JURISDICTION AND VENUE – This lease agreement, and the parties rights and obligations thereunder, shall be governed by and construed in accordance with the laws of the State of North Carolina, without giving effect and any law or rule that would cause the laws of any jurisdiction other than the State of North Carolina to be applied. Any proceeding against the parties relating in any way to this lease agreement, or to the rights of the parties thereto, can be brought and enforced in the courts of Brunswick County North Carolina, including the Brunswick County Small Claims Court, should a party desire, regardless of whether or not any party resides in Brunswick County, North Carolina or, if a Corporation its principal office or registered agent located outside of Brunswick County, North Carolina, to the extent that subject matter jurisdiction exists therefore, and the parties irrevocably submit to the jurisdiction of said courts in respect of any such proceeding. Each of the parties irrevocably waives to the fullest extent permitted by law, any objection that they may now or hereafter have to the laying of venue of any such proceeding in the courts of the State of North Carolina located in Brunswick County and any claim that any such proceeding brought in any such court has been brought in any inconvenient forum. Any judgement may be entered in a court having jurisdiction thereof.
11. INDEMNIFICATION AND HOLD HARMLESS. Tenant agrees to indemnify and hold harmless S&S 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 S&S or the Owner, or the failure of S&S or the Owner to comply with the VRA. Should an accident occur please report to S&S and an accident report will be filed and passed on to the homeowner of the property to forward to his insurance company. Tenant agrees that S&S, the Owner, or their representatives may enter the Premises during reasonable hours to inspect, make repairs, alterations or improvements thereto as S&S or Owner may deem appropriate, or 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 from S&S.
12. FORCE MAJEURE. S&S shall not be liable or accountable, or be deemed to have defaulted under or breached this agreement, for any failure or delay in fulfilling or performing any term hereof or Tenant property damages caused by acts, circumstances, or forces beyond S&S reasonable control including, but not limited to acts of God, electrical surges, electronical device malfunctioning, flooding, strikes, lock-outs, acts of utility companies or government authorities, travel restrictions or advisories, quarantines, pandemic, epidemic, national or regional emergency, government order, or any other matter beyond reasonable control.
13. OTHER TERMS AND CONDITIONS. In Witness Thereof: This Agreement is executed in two counterparts with an executed counterpart being retained by each party hereto. This is a legally binding contract. If not understood, seek competent advice. A NC Real Estate Licensee may own the subject property. This Agreement shall be governed by and interpreted in accordance with the law of the State of North Carolina. This Agreement shall be treated as though it was executed in the County of Brunswick, State of North Carolina, and was to have been performed in the County of Brunswick, State of North Carolina. Any action relating to this Agreement shall be instituted and prosecuted in courts in North Carolina. Customer/Tenant specifically consents to such jurisdiction and to extraterritorial service of process. Amendments to this Agreement must be in writing and signed by all parties. This Agreement represents the entire Agreement of the parties, and there are no misrepresentations, inducements or other provisions other than those contained in the Agreement. Although individual needs and tastes vary, we will be unable to make other arrangements upon arrival. Salt and Sand Realty shall not be held responsible for possible statistical, rate, or printing errors.
14. ADDENDA. Tenant agrees that Tenant has received, read any such Addenda, and that they shall constitute an integral part of this Agreement. The Addendum follows below.
Addendum to Vacation Rental Agreement
1. CHECK-IN INFORMATION - S&S will coordinate and provide entry information for guests prior to guest arrival. Some properties are equipped with keyless entry in which a special code will be given to guest prior to guest reservation. If keys are supplied, S&S will make arrangements with guest for key pick up.
2. CHECK-IN TIME - 4:00 pm check-in or when the property has been released by our housekeeping department. Please plan your trip accordingly as entry cannot be approved until check-in time. Any discrepancies with cleaning upon arrival will be evaluated and corrected if necessary, only if reported within twenty-four (24) hours of guest arrival. Discrepancies reported at the end of tenancy will not be considered or addressed. If available and prior arrangements are made between Tenant and S&S, early check-in may be arranged. Early Check-in is never promised. Occasionally, we may need the hours of 4:00 pm to 6:00 pm to perform additional cleaning or maintenance.
3. AFTER HOURS CHECK-IN - Should you arrive after our office is closed and your property does not have a remote keyless entry, arrangements will be made to provide you keys to your property. Please contact S&S as soon as you know of your late arrival and estimated time which will allow us to accommodate your needs.
4. CHECK-OUT TIME - 10:00 am. Our Housekeeping team must have time to clean and inspect all properties for arriving guests. Unless you have arranged for our late check-out service in advance, a late check-out will result in additional charges to your rental account equal to one night’s rent. Please return all keys to our office at check out. A fee will be charged for keys not returned or lost keys. Tenant is responsible for cleaning all dishes, emptying refrigerator, securing all doors and windows and placing trash in outdoor receptacles upon departing. For our guests who have stayed in both sides of a duplex or are staying in multiple properties, please be sure to return all items, especially kitchen items, to the proper unit before departure.
5. PAYMENT INFORMATION - All monies received by Salt and Sand Realty are placed in an interest bearing trust account at First Citizens Bank in Oak Island, NC with interest being paid to S&S. Salt and Sand Realty may disburse up to 50% of advance rent payments to homeowner and other payments to third party vendors prior to guests’ occupancy. You will receive an Advance Payment Request/Vacation Rental Agreement. The Vacation Rental Agreement should be read over closely, signed and returned with advance payment (exact amount noted on agreement) for all weekly rentals. If you are renting for less than a full week or arriving within 30 days, the full payment will be requested in advance.
6. METHOD OF PAYMENT - When making reservations 30 days or more in advance, the preferred method of payment is personal check and the advance rent payment must be received in our office within 3 days or reservation will be cancelled. S&S also accepts most major credit/debit cards for payment. Remember that your final payment is due 30 days prior to arrival. We will gladly accept personal checks for final payment if we have at least 30 days to process the check. Accepted forms of payment are in US funds only. For reservations made less than 30 days prior to arrival, immediate payment in full is required by credit/debit card.
7. TAXES - At this time North Carolina sales tax is 6.75% and Brunswick County/Oak Island occupancy tax is 6%, for a total tax of 12.75% (subject to change by state or local government) which is added to all rentals of 90 days or less. Guests are responsible for paying all applicable taxes and they will be represented by a line item on final rental reservation breakdown. Taxes will be disbursed to the governing authority upon check-out.
8. MINIMUM RENTAL AGE - S&S requires that the minimum age for a rental guest to enter into our Vacation Rental Agreement is twenty-five (25) years of age or older. We reserve the right to terminate or reject rental if a reservation is booked under false pretenses. Any Tenant under the age of twenty-five (25) years of age will be unable to check-in and will be liable for lost rents and any other monetary damages if property is not re-rented.
9. HOUSE PARTIES - S&S authority is restricted to rental to family groups only. We will not rent to fraternities, school, civic groups, or other nonfamily groups even if chaperoned by adults. Any group whose behavior creates a disruption or interferes with their neighbor’s peaceful enjoyment of their property will be asked to vacate the premise and no refund of rents will be given. We reserve the right to terminate or reject rental if any reservation is booked under false pretenses with no refunds and immediate eviction of the premises.
10. WEDDINGS & SPECIAL EVENTS - Any specific Wedding & Special Event Homes adhere to special requirements and fees and must be booked as such (if event properties are available). Should a wedding or special event be booked at any S&S property without the knowledge or consent of S&S, we reserve the right to adjust the fees on the reservation if events are allowed or terminate the rental immediately with no refund of advance rental payments. If the event is booked at a property that allows these events without S&S Knowledge, the guest shall be responsible for the payment of the mentioned fees alongside the normal reservation charges. The required fees may consist of, but are not limited to: refundable security deposits, event fee, event attendant’s fee, additional rental rate and/or wedding package(s).
11. PET POLICY - We love our pets! Dogs are allowed in our pet friendly homes with a one-time, non-refundable pet fee. All other types of live animals are strictly prohibited. Pet owners must clean up after their pets on public and private property. We strongly encourage you to treat your pet for fleas and ticks prior to visiting our island. Please note the maximum number of pets allowed per property and amount of pet fee is found in each property description. Pets are not allowed in swimming pools or hot tubs. Neither S&S or the Property Owner shall be held liable for any liability, including but not limited to bodily injury, property damage or medical payments, caused in whole or in part by any dog on the premises. Tenants shall be solely responsible for any liability and/or damages caused as a result of dog(s) on premises.
Please note: bringing a pet to a non-pet friendly property is considered a material breach of contract and Tenant is subject to expedited eviction. Tenant will also be subject to a $250 fee as well as be charged for additional fees associated with extra cleaning from housekeeping, professional pest control, and any lost income as determined by S&S.
12. ACCOMMODATIONS - Each property is privately owned and furnished to each owner’s unique taste. All homes are set up for normal housekeeping including a coffee maker, basic kitchen equipment, and cleaning tools. Mattress pads, bedspreads, blankets, and pillows are provided. Guests should bring all paper products, cleaning supplies, condiments, staple items. Unless otherwise noted in the property description, S&S defines occupancy levels in accordance with local ordinances as no greater than 2 persons per bed (one person per twin bed). Occupancy shall never exceed the bedding accommodations provided with the home. Children under three (3) years of age are not included in the occupancy count. Linens and towels are available as a separate rental charge (unless otherwise specified), will be offered as an option during your booking process, and should be reserved in advance. S&S provides you with a basic starter package that is meant to last you for the first 24 hours so you will not need to go directly to the store when you arrive. This includes paper towels, soaps, bath tissue, a laundry pod (if applicable), a trash bag, and dishwasher pod (if applicable).
13. VACATION HOMES LISTED FOR SALE - In some cases, vacation homes may be listed for sale. While we make every effort to limit showings to qualified buyers while occupied by a tenant, occasionally properties may need to be shown. You will be contacted to schedule a convenient time for showing.
14. CANCELLATION BY HOMEOWNER - Salt and Sand Realty, on behalf of the homeowner, reserves the right to cancel an agreement at any time prior to guest checking into property. In this event, Tenant will be refunded all monies paid and neither S&S nor the Owner will be liable for any damages incurred as a result of the cancellation. Guest may be moved to an alternative vacation home and S&S, in good faith, will make every effort to relocate guest. This is highly unusual and would require extraordinary circumstances for the homeowner.
15. REAL ESTATE INFORMATION - Salt and Sand Realty and their Agents may hold interest in vacation rental properties. Salt and Sand shall conduct all brokerage activities in regard to this, or any agreement, without respect to the race, color, religion, sex, national origin, handicap or familial status of any Tenant.
16. AMENITIES - All of our beach homes and condos provide air conditioning, heat, television and basic cable or streaming service. No refunds will be made for malfunctions. However, S&S will attempt to provide a replacement or loaner, but supplies are limited. Cable TV service, satellite TV, telephone service and Internet access cannot be guaranteed as we have occasional interruption of service due to our island location.
17. HOUSEKEEPING AND DEPARTURE CLEANING - The Salt and Sand Housekeeping Team is extensively trained and take exceptional pride in their work. Our departure cleans are inspected by certified housekeeping inspectors to ensure that our high standards have been met. If your property is not clean or if something was missed, please notify S&S immediately and we will correct any housekeeping deficiencies. No monetary compensation will be made for S&S housekeeping oversights. Every property is inspected prior to check-in and after check-out and you will be billed if extraordinary cleaning is required. If there is evidence that you smoked in a home you will be charged a fee of $500.
18. MAINTENANCE AND AFTER-HOURS EMERGENCY SERVICE - Our maintenance team works hard to prepare your vacation home prior to arrival. If you have any need for service for any repair or appliance maintenance, please call S&S immediately. Routine maintenance will be responded to during normal business hours. For afterhours emergency service, S&S will rapidly respond accordingly. S&S will make every effort to replace any unrepairable appliances or items quickly. Since homes are individually owned we are unable to offer refunds when appliances fail, parts need to be ordered, or other repair needs arise.
19. HANDICAPPED ACCESSIBLE - For the convenience of our guests who have special needs and prefer vacation homes that are wheelchair friendly, we have listed in the property description which areas of the home we consider being somewhat accessible. Unfortunately, none would meet the ADA standards for handicapped accessibility, but do have ramps, elevators and/or accessible baths. Please let us know if you have any special needs and we will make every effort to accommodate.
20. GRILLING - North Carolina Law prohibits grilling on the decks and balconies of rental properties. Grilling is permitted only on concrete surfaces away from wooded areas or structures. If the Owner provides a grill, rental guest is responsible for the cleaning. If a grill is not provided in your vacation property, gas and charcoal grills are available for rental through our office. Our Vacation Specialists will be happy to accommodate any requests for you.
21. SMOKING - All vacation properties managed by S&S are 100% smoke-free. There will be a $500 charge if evidence of smoking inside the property is to be found
22. SMOKE DETECTORS - While S&S will inspect all smoke detectors prior to any guest arrival, The North Carolina General Assembly places upon the Tenant the duty to notify the rental agent in writing of the need for replacement of or repairs to a smoke detector. Please check all smoke detectors upon arrival.
23. CONSTRUCTION - Occasionally, you may experience construction in your neighborhood during your stay as Oak Island continues to grow and make building improvements. S&S has no control over this activity. Unfortunately, no refunds can be made and we will be unable to move you to another home in the event of construction noise or problems.
24. LUXURY AMENITIES - Swimming pools, hot tubs, spas, whirlpools, jacuzzis, elevators, golf carts and other such amenities and appliances cannot be guaranteed to be in good working order. Every effort will be made to have them in good working order but no refunds or discounts will be made in the event they are inoperable during your stay. Guests use these amenities at their own risk.
Salt and Sand Realty is conducting business under the VACATION RENTAL ACT (NC GENERAL STATUTES SECTION 42 A-1) for all Vacation Rental Agreements entered on or after January 1, 2020. Salt and Sand Realty acts as agent on behalf of the homeowner for vacation rental properties.
|Salt and Sand Realty
104 Price Street
Oak Island NC 28465