This family heirloom has been lovingly maintained throughout it's life. The owner's father moved it to the middle of the (now) Wildlife Refuge, so peace and serenity abound. Your nearest neighbors are a half mile away. The beach is a short walk over the dune. The owner will share her father's memorabilia in the "boat room" as well as give you a tour of the tower. The loft living room was originally the Lifesaving Stations crewmember's dormitory.
- Requires a 4WD to access the property
- Must be at least 25 years of age to book. No fraternities or sororities. No weddings or other events.
- Sheets provided. Bring your towels.
- NO SMOKING
-Check in is 4PM, Check out is 10AM
-NO PETS ALLOWED
-THREE Night minimum
-Guests MAY purchase travel insurance when booking or up to 60 days prior to stay.
- Guests are required to sign our rental agreement upon booking.
VACATION RENTAL AGREEMENT
Carova Cottages (the “Agent”) is the property manager of a VACATION HOME which is available for weekly or seasonal rental. The owner of the property (the “Owner”) has given the Agent the authority to enter into this agreement. This agreement sets forth the terms under which YOU (the “Lessee” or “Tenant”) will lease the VACATION HOME through the Agent.
Check-in Time: 4pm
Check-out Time: 10am
| Private Well | No Smoking |
Agent accepts payment by personal check, e-check, cash, certified check, money order or credit card. We accept only US Funds drawn on a US Bank and only MasterCard, Visa and the Discover Card if using a credit card. All payments are due 30 days prior to arrival. For reservations made less than 30 days before arrival, full payment is due within 24 hours of booking. Payments made within 15 days of your arrival must be by cashier’s check, money order, e-check or credit card. Personal checks are not accepted within 15 days of arrival. Guests who did not provide an e-mail address at the time of booking should expect their Agreement to be sent by standard mail within 7 business days. Taxes are subject to change without notice.
THIS IS A VACATION RENTAL AGREEMENT UNDER THE NORTH CAROLINA VACATION RENTAL ACT N.C.G.S 42A AND THE NC SECURITY DEPOSIT 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. CAROVA COTTAGES PROPERTY MANAGEMENT WILL CONDUCT ALL ITS ACTIVITIES IN REGARD TO THIS AGREEMENT WITHOUT RESPECT TO THE RACE, COLOR, RELIGION, SEX, NATIONAL ORIGIN, AND HANDICAP OR FAMILIAL STATUS OF THE GUEST OR ANY OTHER PARTY TO THIS AGREEMENT.
Agent, as agent of the owner, hereby rents to you and you hereby rent from agent, the premises in accordance with the terms and conditions contained in this agreement, including, but not limited to, the time period during which you are entitled to use the premises, check-in and check-out times, and payment of the rental amount and other fees. In the event that any term of this agreement varies from any term set forth in the agent’s web site (including, but not limited to, the rental amount), the term specified in this agreement shall govern absent written confirmation of a change. The information set forth above is incorporated into this agreement by reference.
IMPORTANT DISCLOSURES: (a) Agent hereby discloses to you that agent is acting for and represents the owner; (b) If the premises has a private well, it is so noted above. Homes with private wells occasionally experience low pressure, salty, distasteful or discolored water. There may be an unpleasant odor of sulfur. Some guests choose to use bottled water for drinking purposes even though the water is potable. 4WD areas may have more prevalent water problems, even in homes with water filter systems; (c) Due to the possibility of accident or injury, agent prohibits children from using hot tubs or operating elevators. Also, the chemicals used to keep hot tubs sanitary may cause fading in some swimsuits and some individuals may experience mild skin rashes. For your safety, chemical dispensers shall not be removed at any time.
NOTE: CHECK-IN/CHECK-OUT: You agree that check-in time is no earlier than 4:00 PM (unless prior arrangements have been made and agreed to in writing) and check-out time is no later than 10:00 AM. Agent will use commercially reasonable efforts to have the premises ready for your occupancy at check-in time, but agent cannot guarantee the exact time of occupancy.
PAYMENT DUE DATES. You shall pay the Initial Payment to Agent within three (3) days from the Lease Date, or the reservation will be automatically canceled without notice. You shall pay to agent the final payment on or before thirty (30) days prior to the arrival date. If the final payment is not received by agent on or before thirty (30) days prior to the arrival date, this agreement is subject to immediate cancellation. In such event, agent will attempt to re-rent the property for the term. Your right to receive a refund of the initial payment due will be governed by paragraph 11 of this agreement.
VACATION RENTAL DAMAGE PROTECTION. As a part of your stay, you may purchase a Vacation Rental Damage Protection plan designed to cover unintentional damages to the rental unit interior that occur during your stay provided they are disclosed to management prior to check-out. If purchased, the policy will pay a maximum benefit of $3000. Any damages that exceed $3000 or are not covered under the plan will be charged to the credit card on file. If, during your stay at one of our rental properties, an insured person causes any damage to real or personal property of the unit as a result of inadvertent acts or omissions, the Insurer will reimburse the Insured for the cost of repair or replacement of such property up to a maximum benefit of $3000. Certain terms and conditions apply. Full details of the Vacation Rental Damage coverage are contained in the Description of Coverage or Insurance Policy, (URL HIDDEN) The Vacation Rental Damage plan can be purchased up to, and including at, check-in. By submitting payment for this plan, you authorize and request CSA Travel Protection and Insurance Services to pay directly Carova Cottages any amount payable under the terms and conditions of the Vacation Rental Damage. Please contact Carova Cottages directly if you do not wish to participate in this assignment. In the event you do not wish to purchase this plan, a $1500 security deposit is required.
DISBURSEMENT OF RENT. You authorize agent to disburse up to fifty percent (50%) of the total rent set forth above to the owner (or as the owner directs) prior to your occupancy of the premises, and the balance of the total rent upon the commencement of the tenancy, or upon a material breach of this agreement by you, or as otherwise permitted under the Vacation Rental Act. You agree to pay a $35.00 processing fee for any check that is returned by the financial institution due to insufficient funds or otherwise. You also authorize agent to disburse, prior to your occupancy of the premises, any fees owed to third parties to pay for any goods, services, or benefits procured by agent for the benefit of you, including, but not limited to any fees set forth herein payable to agent for reservation, transfer or cancellation of your tenancy. Taxes and security deposit, if applicable, shall not be disbursed from the trust account prior to termination of the tenancy or material breach of this agreement by you, or except as a refund to you. Upon written request to agent, you will be provided with an accounting of funds relating to this agreement.
TRUST ACCOUNT. The initial payment, the final payment, any security deposit, if applicable, and any other fees and deposits, will be deposited into agent’s interest-bearing trust account at Xenith Bank, 5406 Croatan Highway, Kitty Hawk, NC 27949. You agree that such deposits 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 agent as it accrues and as often as is permitted by the terms of the account.
USE AND TENANT DUTIES. Use Of the Premises by Fraternities, Sororities or Unrelated Groups Under 24 Years of Age Is Strictly Prohibited and Lessee agrees that, in the event Owner or Agent discovers same, that ANY AND ALL FUNDS COLLECTED AS RENT will be considered LIQUIDATED DAMAGES to cover losses, expenses and damages of the Owner and Agent for Lessee taking the premises off the market. Occupancy shall not exceed the maximum number allowable by law. Please contact Carova Cottages directly for further information. You agree to comply with all obligations imposed on you by the Vacation Rental Act with respect to maintenance of the premises, including but not limited to, the following: (a) keep the premises as clean and safe as the conditions of the premises permit, and cause no unsafe or unsanitary conditions in the common areas and remainder of the premises that you use; (b) dispose of all ashes, rubbish, garbage, and other waste in a clean and safe manner; (c) keep all plumbing fixtures in the premises or used by the tenant as clean as their condition permits; (d) not deliberately or negligently destroy, deface, damage, or remove any part of the premises or render inoperable the smoke detector provided by the owner, or knowingly permit any person to do so; (e) comply with all obligations imposed upon the tenant by current applicable building and housing codes; (f) be responsible for all damage, defacement, or removal of any property inside the premises that is in your control unless the damage, defacement, or removal was due to ordinary wear and tear, acts of the owner or owner’s agent, defective products supplied or repairs authorized by the owner, acts of third parties not invitees of the tenant, or natural forces; and (g) notify agent of the need of replacement of and/or repairs to a smoke detector, and replacing the batteries as needed during the tenancy. You agree not to use the premises for any activity or purpose that violates any law or governmental regulation. Your breach of any duty contained in this paragraph after commencement of tenancy shall be considered material, and shall result in the termination of your tenancy with NO REFUND OF RENT. FIREWORKS OF ANY NATURE WHATSOEVER ARE STRICTLY PROHIBITED.
AGENT DUTIES. Agent agrees to provide the premises to you in a fit and habitable condition. If, at the time of occupancy, agent cannot provide the premises in a fit and habitable condition or reasonably cure same or substitute a reasonably comparable property in such condition, then agent shall refund to you all payments made by you. In the case of a cure wherein the premises sustains a failure of a system or amenity, manner, (at the time of or during the tenancy) including, but not limited to, water, sewer, septic, heating, electrical, mechanical, ventilating, structural systems, pool, hot tub, whirlpool tub, entertainment equipment, Internet or Internet access or other facilities or major appliances, agent shall promptly repair in a commercially reasonable manner and time such system or amenity upon receipt of notification from you that repairs are needed. You agree to permit agent or its service staff to have reasonable access to the premises to inspect and make such repair in a commercially reasonable manner and time. Neither owner nor agent shall be liable to you in damages and no refunds will be given for such temporary failure, provided the agent is causing the system or amenity to be repaired in a commercially reasonable manner after having received notification from you that repairs are needed.
ACTS OF GOD / CONSTRUCTION NOISE. Neither owner nor agent shall be liable for events beyond their control which may interfere with your scheduled occupancy, including but not limited to Acts of God, acts of governmental agencies, fire, strikes, terrorism, war, inclement weather, including flooding and construction noise from nearby sites. NO REBATE OR REFUND will be offered in these circumstances.
CANCELLATION / BREACH. In the event of: (i) your cancellation of this agreement or (ii) a material breach of any provision of this agreement by you, including, but not limited to, your failure to remit the final balance due, you shall receive a refund of all payments made by you (less a cancellation fee of $150.00) but only if the premises is re-rented on the terms set forth herein (refund issued by original payment method). (In such an event, agent may, in its sole and absolute discretion, reduce the rental amount offered without notice. In this case, the guest canceling their reservation is financially responsible for this reduction and their refund will be reduced by the affect of such reduction.) If the premises is not re-rented, agent shall seek an amount sufficient to defray the actual damages suffered (i.e. agent may, in its sole and absolute discretion, pursue to the fullest extent of the law the original balance owed) as a result of the cancellation or material breach. Whether or not the premises are re-rented, you, rather than the agent, shall be responsible for seeking reimbursement of any fees paid by you to agent for goods, services, or benefits procured by agent from third parties for the benefit of you that may have been paid out prior to your cancellation.
VACATION RENTAL INSURANCE - Guest Protect Plan
CSA Vacation Rental Insurance has been offered with your reservation. Vacation Rental Insurance reimburses for pre-paid, non-refundable expenses due to certain unforeseeable circumstances that may jeopardize your vacation and force you to incur unplanned expenses. We strongly recommend you purchase this valuable protection. View a Description of Coverage/Policy at (URL HIDDEN)
MANDATORY EVACUATION. If State or local authorities order a mandatory evacuation of an area that includes the Premises, you shall comply with the order and you may be entitled to compensation from the travel insurance company. You will not be eligible for compensation if you do not purchase travel insurance prior to taking possession of the premises. Additionally, insurance must be purchased prior to a storm being named to have coverage for hurricane-related issues, such as a mandatory evacuation.
TRANSFER OF PREMISES. (a) In the event that the ownership of the premises is voluntarily transferred prior to your occupancy, you have the right to enforce this agreement against the new owner of the premises if your occupancy under this agreement is to end 180 days or less after the transfer of ownership is recorded. If your occupancy is to end more than 180 days after such recordation, you have no right to enforce the terms of this agreement unless the new owner agrees in writing to honor this agreement. If the new owner does not honor this agreement, you are entitled to a refund of all advance rent paid (and other fees owed to third parties not already lawfully disbursed). If your rights are otherwise affected under the Act, agent agrees to notify you accordingly and conduct itself in accordance with the terms and conditions as set forth in the Act.
EXPEDITED EVICTION. A material breach of this agreement you, which, in the sole determination of the agent, results in damage to the premises, personal injury to you or others, a breach of the peace, a nuisance to others, or a violation of law or local code, shall be grounds for termination of your tenancy. If the tenancy created hereunder is for 30 days or less, the expedited eviction procedures set forth in the Vacation Rental Act will apply. You may be evicted under such procedures if you: (i) hold over in possession after your tenancy has expired; (ii) commit a material breach of any provision of this agreement that according to its terms would result in the termination of your tenancy; (iii) fail to pay rent as required by this agreement, or (iv) have obtained possession of the premises by fraud or misrepresentation.
INDEMNIFICATION AND HOLD HARMLESS. You agree to indemnify and save harmless the owner and agent for any liabilities, theft, damage, cost or expense whatsoever (including but not limited to attorneys’ fees) arising from or related to any claim or litigation which may arise out of or in connection with your use and occupancy of the premises including but not limited to any claim or liability for personal injury, damage or theft of property or theft of property or infringement of intellectual property rights (e.g., illegally downloading video, audio or text files via any internet service located at the premises) which is caused, made, incurred or sustained by you. Neither agent or owner are providing any other warranty of any kind, except as otherwise expressly provided herein, whether written or oral, statutory or contractual, express or implied, including, without limitation, THE WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR USE, which are hereby expressly excluded. The terms “Agent” and “Owner” as used in this agreement shall include their heirs, successors in interest, assigns, employees, agents, and representatives where the context requires or permits. The terms “Tenant,” “You,” and “Your” as used in this agreement shall include tenant’s heirs, successors, assigns, guests, invitees, representatives and other persons on the premises during your occupancy (without regard to whether such persons have authority under this agreement to be upon the premises), where the context requires or permits.
RIGHT OF ENTRY. You agree that agent may enter the premises during reasonable hours to inspect the premises, to make such repairs, alterations or improvements thereto as agent may deem appropriate, or to show premises to prospective purchasers or tenants.
ASSIGNMENT. You shall not assign this agreement or sublet the premises in whole or part without written permission of agent.
PETS. No pets shall be allowed on the premises, unless permitted in advance by paying a required pet fee. Your breach of this provision shall be considered material, and shall result in the termination of your tenancy. You agree to be immediately responsible for any damages caused by your pet(s). Homes are not guaranteed to be hypoallergenic.
DISPUTES. This Agreement shall be governed by and interpreted in accordance with the laws of the State of North Carolina, and shall be treated as though it were executed in the County of Currituck, State of North Carolina. Any action relating to this agreement shall be instituted and prosecuted only in the Currituck County Superior Court, North Carolina. You specifically consent to such jurisdiction and to extraterritorial service of process. You shall be responsible for all legal fees and court costs incurred by agent and owner in the enforcement of their rights or your obligations under this agreement.
MISCELLANEOUS. This agreement, together with the attachments referenced herein and attached hereto, constitutes the entire agreement between the parties relating to the subject matter hereof, and supersedes all prior written oral negotiations, representations, or agreements. No modification of this agreement shall be binding on either party unless it is in writing signed by both parties. Each section, subsection or paragraph of this agreement shall be deemed severable and if for any reason any portion of this agreement is unenforceable, invalid or contrary to any existing or future law, such unenforceability or invalidity shall not affect the applicability or validity of any other portion of this agreement. For all purposes hereunder, facsimile or electronic signatures shall be deemed to be originals and such signatures shall be given the same effect as would an original signature. THE PARTIES ACKNOWLEDGE THAT THEY HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS, INCLUDING THE CANCELLATION POLICY IN PARAGRAPH 11.