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Cooke Realty Rental Contract

 

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.

 

Please read this agreement in full.Cooke Realty can not change the rules and regulations on each transaction to accommodate every guests. Your signature or payment confirms that you agree with the terms and conditions of this vacation rental agreement.

If you have any concerns, please allow our vacation specialist to answer your questions. 910-579-3535.

 

RESERVATION AGREEMENT: COOKE REALTY is employed by and represents the individual property owner. I, the renter, understand and agree that the rental agent, COOKE REALTY, will place my advance payment in an interest bearing account at FIRST BANK, OCEAN ISLE BEACH, NC with such interest earned and payable to COOKE REALTY. The balance of the rental, including applicable taxes is due forty-five (45) days prior to arrival.

Should I, the renter, cancel my reservation or fail to appear, for any reason, my deposit shall be refunded only if the cottage is re-rented for the same period less a processing fee of $100 and a $75 Reservation fee.

Cancellations made within 30 days prior to the rental period will forfeit all rental payments if the property is not re-rented. In addition, I understand and agree to cooperate with the check-in time of 4:00pm and check-out time of 10:00am. I agree to return all keys  provided on departure.

I have read, understand, and will abide by the following rules.

As with any vacation, unexpected situations sometimes occur that can put a damper on even the best-planned trips. We offer Travel Guard travel insurance to cover you from these unexpected occurrences. This insurance provides important benefits and coverage from a wide array of risks. Events such as unpredictable weather, extension of school year due to unforeseen circumstances, car trouble or a medical or family emergency, can cause you to cancel or interrupt your vacation, forfeiting any non-refundable charges made for your trip. For more information, please call Travel Guard directly at (888) 409-7749.

SECURITY DEPOSIT AND ACCIDENTAL DAMAGE WAIVER: When you make your reservation you will be required to either choose to pay a security deposit of $500 which is refundable up to 30 days after your departure less any damage fees or to pay a non-refundable Accidental Damage Waiver of $45 which will cover up to $500 of unintentional damage during your stay.  This charge is due and payable with your second installation of the charges for your rental. It can be paid by check or credit card.  The refund for the $500 less fees will be paid to the person named on the contract. The waiver does not cover Intentional acts, gross negligence or willful conduct; evidence of damage caused by pets, damage done by unauthorized groups, loss of use, loss of damage to guest’s personal property, normal wear and tear, any damage caused by a violation of any Rules and Regulations outlined in Cooke Realty’s rental contract; or any acts of God. YOU MUST CHOOSE ONE OF THESE OPTIONS ON YOUR STATEMENT.

CHECK-IN TIME ON OR AFTER 4:00 P.M. CHECK OUT TIME 10:00 A.M.

RESERVATIONS AND PAYMENTS:  Once you make a reservation you will be responsible to pay an initial deposit to confirm the folio with charges including half the rental amount, a reservation fee and Trip Cancellation Insurance if you choose to purchase. ( See information above referencing Travel Guard.) 

Contract will be electronically mailed or sent by United Postal service when you make your reservation and may pay the initial payment by credit card.

You should fax or mail the copy of the agreement with your signature. (910-579-3683 fax) We accept VISA, Mastercard and Discover. 

The balance is due 45 days prior to arrival and is payable by check, money order or credit card.  Reservations made within 30 days of arrival require full payment by credit card.

In no event will the guest assign or sublet the rental property in whole or in part. 

Violation of these rules will be grounds for eviction, with no refund of any kind..

ABSOLUTELY NO PETS inside or outside of the rental property are allowed unless the property is designated a pet friendly property. (with the exception of “Seeing Eye” dogs.) If a pet is discovered, the guest will be asked to vacate the rental property at that time without refund and related costs will be applied to the guest’s credit card.

Numerous pet friendly homes are available. These are the only homes that accept pets. A non refunable fee of $200.00 will be charged. Maximum of two dogs allowed.

LINENS, TOWELS AND BLANKETS ARE NOT FURNISHED. Pillows are provided in the respective rental properties.

NO HOUSE PARTIES ALLOWED under any circumstances. You must be 25 years old to lease a vacation property with Cooke Realty of Ocean Isle Beach NC. Cooke Realty rents only to families. Cooke Realty strictly forbids house parties, renting to groups, parties, young adults, minors or undergraduates. Should it be discovered that a group of individuals or families are deemed by Cooke Realty as a “House Party” and/or occupancy of the property is considered to endanger or possibly be destructive or detrimental to the rent of a property, occupancy will be terminated immediately WITHOUT REFUND in accordance with Section 42-A-23 of the NC Vacation Rental Act.

PLEASE REPORT ANY PROBLEMS TO COOKE REALTY RIGHT AWAY. If you discover any problems, damages or find the rental property has been left unclean, call our office right away and report it. Call our HOUSEKEEPING AND MAINTENANCE LINE 579-3535 ext. 7260.

 

NOTICE: STOPPED UP TOLIETS AFTER THE FIRST DAY WILL BE CONSIDERED THE RESPONSIBILTY OF THE GUEST AND WILL BE CHARGED.

Guest will notify Cooke Realty if there is a need of replacement or repairs to smoke detectors or batteries as needed during occupancy. We want you to have a happy and safe vacation.

Cooke Realty and/or its representatives have the right to enter premises during your stay to inspect, make repairs, or show property for sale.

NO REFUNDS WILL BE GIVEN FOR THE BREAKDOWN OF APPLIANCES OR AIR CONDITIONER.

No refunds will be given for weather or the condition of the property or for conditions of which we have no control.

No refunds will be given for properties located near or beside a property that is being constructed or under renovation.

No refunds or substitutions of rental accommodations will be given for television, VCR, DVD, cable, elevators or cable breakdown or discontinuation or service at a house or condo.

REPORT ALL INOPERATIVE AND/OR MISSING EQUIPMENT TO OUR MAINTENANCE DEPARTMENT IMMEDIATELY.


Service must be scheduled and may require parts to be ordered. Problems will be corrected as soon as humanly possible. Priority is given to air conditioning/heat, refrigeration, plumbing, electrical and water problems. Agent or authorized employee or repairman, or landlord has the right to enter property at any time.

NO refunds will be issued for delays in check-in or early check-out (for any reason) damage to guest’s belongings due to malfunctioning equipment/appliances, mechanical failures or appliance/electronics, interruptions/loss of utilities (including cable), or inclement weather including hurricanes or acts of God.

No refunds or discounts will be given for breakdown or inoperability of pools, spas and or pool heaters. (these items are serviced by outside contractors.)

If a home is equipped with a heated pool there is a fee (plus tax) per day/stay for heating the pool unless otherwise noted. Pools only heated in the off season with 5 days advance notice. Unless otherwise noted 5 days prior notice is needed to heat the pool. Pools must be heated for duration of stay.

IF USING THE PHONE IN A RENTAL PROPERTY, please reverse the charges or use a calling card. YOU ARE RESPONSIBLE FOR THE COST OF ALL CALLS MADE. Should the owner be billed for calls made during a renter’s stay, the cost of these calls will be charged to renter in accordance with the North Carolina Tenant Security Deposit Act and the North Carolina Vacation Rental Act.

CRIBS, HIGHCHAIRS AND OTHER EQUIPMENT can be rented locally.

COOKE REALTY WILL NOT PROVIDE OR COMPENSATE RENTER FOR ABSENCE OF SUCH ITEMS IF STATED IN THE BROCHURE BUT MISSING IN THE PROPERTY. Rental houses and condominiums are privately owned, and cribs and other items could be removed without our knowledge. Cooke Realty will not be responsible for obtaining such items if found missing after you arrive.

MAXIMUM OCCUPANCY of a rental property is the number that sleeps in existing beds. Some properties are limited to a lesser number and are noted in the brochure or on Agreement.

SALES/TRANSFERS/UNAVAILABILITY. If, at any time renter is to begin occupancy of the property, Owner or Owner’s agent, Cooke Realty cannot provide the property in a fit and habitable condition (other than as described in paragraph G above) or substitute a reasonable comparable property in such conditions.

Owner and agents shall refund to the renter all payments made by renter.

If the property is voluntarily transferred by the landlord, renter has the right to enforce the vacation rental agreement against the grantee of the property if the vacation rental is to end 180 days or less after the date of grantee’s interest in the property is recorded.

If the vacation rental is to end more than 180 days after the recordation of the grantee’s interest in the property, renter has no right to enforce the terms of the agreement unless the grantee agrees in writing to honor the agreement. If the grantee does not honor the agreement, renter is entitled to a full refund of any payments he or she has made.

THE RENTAL BALANCE, AS WELL AS APPLICABLE TAXES, ARE DUE AND PAYABLE 45 DAYS PRIOR TO ARRIVAL.

I, the renter, understand that my reservation deposit will be placed in an interest-bearing trust account at Security Savings Bank and/or First Bank, Ocean Isle Beach, NC with interest being earned by Cooke Realty. If the renter cancels the reservation or fails to show up for any reason, the deposit shall be refunded only if the cottage is re-rented for the same period, and the same amount of money, less a $100 fee.

I, the renter, understand that this property is privately owned and the price, description or condition may change from time to time without notice.

The management reserves the right to refuse services to anyone and is not responsible for accidents or loss of valuables.

I agree to pay for any loss, breakage, or damage to the entire satisfaction of the owner and agent.

I fully understand that it is my responsibility to leave the rental property in damage free condition.

Each property managed by Cooke Realty is privately owned and each property is furnished and decorated to the owner’s taste and requirements. Every effort has been made to assure accurate descriptions; however, Cooke Realty cannot be responsible for the description or condition which may change from time to time without notice. We advise you to tour the property in advance if you have any specific person requirements or have certain quality concerns. Substitutions or refunds will not be made upon arrival or occupancy for any reason

Cooke Realty will not be responsible for errors in printing of rates, changes made by the owner or matters out of our control, i.e., loud noise, construction, town implementations, or weather.

CONSTRUCTION. Ocean Isle Beach is a growing area. Unfortunately, we cannot predict the location of all active construction on the island. We may not be able to inform you if your accommodations are near a construction site. We cannot make refunds because of construction activity. Renters are subject to the rules and regulations governing the town of Ocean Isle Beach, the condo association and subdivisions. Please note pool rules and regulations and responsibilities of renters for each condo complex or subdivision. All pools, beaches, and waters are not supervised by lifeguards. Guests are advised to swim at your own risk.

LOST AND FOUND. Cooke Realty makes every effort to locate lost items, but are not responsible for items left behind. We will return lost items only upon request. Items are sent C.O.D. and are subject to a $30.00 minimum fee. Any item left over 30 days will be given to local charities. Firearms or weapons will be released to local law enforcement and should not be in any rental home.

SEVERE WEATHER. Cooke Realty does offer travel protection insurance.

If the State or Local authorities order a mandatory evacuation of an area that includes the property subject to this vacation rental and the guests comply with the order, guest is entitled to a refund of the prorated rent for each night that the guest is unable to occupy the property because of the order.

Guests must take all possessions upon evacuation as re-entry cannot be guaranteed.

INDEMNITY: guest will be responsible for any accommodation damages, which occur as a result of their occupancy. Other than normal wear and tear, including household furnishings.

Cooke Realty will NOT be liable for any damages to rental property or furnishings, nor for injuries resulting from any accident that may occur in or on the premises during guest occupancy.

Representatives of Cooke Realty may enter the premises at any reasonable time to make repairs.

Neither Cooke Realty nor the owners are responsible for personal items left on the premises.

Reasonable and orderly conduct by all tenants in the leased residence with respect given to the employees, and agent, free and harmless from any liabilities for any loss or damage whatsoever arising from, related to, or in connection with rental of premises including, but not limited to, any claim or liability for personal injury or damage or loss of property which is made, incurred or sustained by Guest (leaseholder) or guests of Guest except only such personal injury caused by the negligent or intentional acts of the Owner or his Agent.

Should any of the items of this agreement be breached by tenant, resulting in legal action on the part of the Agent against Guest(s) an Agent prevails in court or a settlement is reached. Agent shall be entitled to collect from Tenant all costs of said legal action including but not limited to, attorney’s fees.

CANCELLATIONS. Should you need to cancel your reservation please do so in writing immediately. NO refunds will be made until your unit is re-rented and confirmed. The rental property must be re-rented for the entire period of your reservation at full price. Your advance rent payment will then be returned, less a cancellation fee of $100. Unfortunately, if the unit is not re-rented your advance rent payment if forfeited. This provision does not apply to the next year advance reservation ($25/$500) which is not refundable if cancelled.

POOLS AND AMENITY AVAILABILITY. Please note that all pool availability is limited to seasonal times and some amenity availability may be limited as well. Amenities cannot be guaranteed and Cooke Realty will not be held responsible for any amenities which are unavailable due to reasons out of our control.

FORUM SELECTION CLAUSE: (A) This agreement shall be governed by and interpreted in accordance with the law of the State of North Carolina. (B) This agreement shall be treated as though it were executed in the County of Brunswick, State of North Carolina, and were to have been performed in the county of Brunswick, State of North Carolina. Any action relating to this agreement shall only be instituted and prosecuted in courts in Brunswick County, North Carolina. Customer/Tenant specifically consent to such jurisdiction and to extraterritorial service of process.

ALL rental prices are subject to applicable NC county and town taxes. (12.75% is total tax at press time). All reservations require a $75.00 non-refundable and non-applicable reservation fee due with the balance of your payment received by Cooke Realty for reservation processing.

Cooke Realty is employed by and represents the individual property owners. Individual property owners pay Cooke Realty a commission fee on rentals earned.

Additionally, Cooke Realty may earn a fee for services it procures or provides for its Owners and/or its Guests. These services include but are not limited to long distance call blocking, equipment rentals, damage waiver fees etc.

CANCELLATION BY OWNER. Management firm, on behalf of owner of property, reserves the right to cancel agreement at any time prior to tenant taking possession of the property, In such event, all payments made by tenant to management firm will be refunded, and either management firm nor owner will be liable for any damages of any sort incurred by tenant as a result of such cancellation. If tenant desires to be placed in alternative premises, management firm will make good faith effort to relocate tenant, but if premises are more expensive, tenant agrees to pay difference.

 

I have read, and understand and will abide by the rules stating in this agreement:

Signature________________________________________________________

Date___________________________

Reservation ID______________________

 

 

 

**Initial here to decline Travel insurance:_____________

 

 

Please mail rental agreements and deposits to:

Cooke Realty
1 Causeway Drive
Ocean Isle Beach, NC 28469

Deposits should be made payable to Cooke Realty.

Cooke Realty, Inc.
1 Causeway Drive
Ocean Isle Beach, NC 28469
Reservations: 1-800-NC-BEACH
General Information: 910-579-3535
Email: cookerealty@atmc.net

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