Vacation Rental Agreement

THIS VACATION RENTAL AGREEMENT IS A LEGALLY BINDING 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. THIS AGREEMENT BINDS YOU TO A SPECIFIC PROPERTY FOR A SPECIFIC TIME. IF A PROBLEM ARISES DURING YOUR STAY, EVERY EFFORT WILL BE TAKEN, WITHIN REASON, TO RESOLVE THE ISSUE. HOWEVER, WE ARE UNABLE TO RELOCATE GUESTS WITHOUT PROPER AUTHORIZATION. PLEASE BE AWARE THAT, UNLIKE HOTELS, OUR RENTAL PROPERTIES ARE EACH INDIVIDUALLY OWNED AND HAVE NO CORRELATION TO EACH OTHER. YOUR VERBAL AUTHORIZATION AT TIME OF RESERVATION, YOUR SIGNATURE ON THIS AGREEMENT, PAYMENT OF MONEY, AND/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 AS A VACATION RENTAL.

1. NIGHTLY MINIMUMS:
   Properties require a 2-night minimum stay. Longer minimum stays may be required during holiday periods and certain seasons.
2. PAYMENTS:
   All payments made by the guest shall be deposited in an escrow account with RBC Centura located at 8 O’Henry Avenue, Asheville, NC. In accordance with North Carolina law, disclosure is hereby given that the agent escrow account is interest bearing with interest being to the benefit of the agent. Please initial, sign, and return this document to Carolina Mornings, Inc. as follows:
   
   1. IF YOUR RESERVATION WAS SECURED ONLINE: Your credit card will be charged 50% of the rental amount plus trip insurance premium, if elected, or $200, whichever is greater, at the time the online reservation is processed. If the reservation is within 31 days, the balance will be charged to your credit card and directions and key code will be emailed or faxed for your convenience. For arrivals more than one calendar month in advance, guests will be responsible for seeing that their final balance is paid accordingly and promptly. Your final payment should be sent with a check/money order, payable to Carolina Mornings, Inc., and must be received no later than 31 days prior to your arrival. PLEASE NOTE YOUR RESERVATION NUMBER AND PROPERTY ON YOUR CHECK.  Mail checks to P.O Box 18235, Asheville, NC 28814.  After the reservation is paid in full, we will fax or email your directions and key codes for your property. Please call to reconfirm your reservation and notify us that your balance is in the mail.
      
   2. IF YOUR RESERVATION WAS SECURED BY PHONE AND IS LESS THAN ONE CALENDAR MONTH IN ADVANCE: A Vacation Rental Agreement (VRA) will be e-mailed or faxed, which must be signed and returned within 24 hours. After the signed VRA has been received, Carolina Mornings, Inc. will immediately charge the total amount to your credit card and directions and key codes will be sent via email or fax.
      
   3. IF YOUR RESERVATION WAS SECURED BY PHONE AND IS MORE THAN ONE CALENDAR MONTH IN ADVANCE: A Vacation Rental Agreement (VRA) will be sent via e-mail, fax, or postal service. Please return the signed VRA along with a check for 50% of the rental amount and trip insurance premium, if elected, or $200, whichever is greater.  The signed VRA and the deposit check is payable to Carolina Mornings, Inc., and must be received within 2 weeks before the reservation is cancelled. PLEASE NOTE YOUR RESERVATION NUMBER AND PROPERTY ON YOUR CHECK.  Mail checks to P.O Box 18235, Asheville, NC 28814. Please call to reconfirm your reservation and notify us that your deposit is in the mail.  The balance will be charged to your credit card 31 days prior to arrival. After the reservation is paid in full, we will fax or email your directions and key codes for your property.
3. OTHER CHARGES AND FEES:
   
   1. Smoking inside the rental homes is PROHIBITED. All properties are NON-SMOKING. If this regulation is violated and smoking has been detected in the rental property, a $150 penalty will be charged to the credit card on file. By signing this agreement, Carolina Mornings, Inc. is authorized to charge this fee to your credit card on file.
      
   2. A fee of $100 will be charged for all returned checks.
      
   3. Carolina Mornings, Inc. receives a commission from services provided by our office, including, but not limited to, Traveler’s Insurance, and other packages.
      
   4. All reservations incur 7.75% NC Sales Tax and County Occupancy Tax of 3%-5% in addition to the rental amounts and fees. Rates are subject to applicable state sales and county occupancy taxes, which are in effect during the time of your stay.  Please note that these are subject to change as authorized by the appropriate governing body.  Carolina Mornings, Inc. will adjust your reservation to reflect current tax rates, which are in effect at the time of your stay.  Carolina Mornings, Inc. will charge your credit card on file for any tax increase.  Furthermore, Carolina Mornings, Inc. will credit your account for any tax decrease.
4. CANCELLATIONS, TRANSFERS, AND FORFEITS:
   
   1. All cancellations made within 31 days of arrival are non-refundable.  In the event you must cancel your reservation within 31 days of arrival, please notify us as soon as possible. If you had elected to purchase Trip Insurance, please contact the travel insurance company with your claim. We will make every effort to re-rent the property for your original dates. If we re-rent your property, all monies (less a $75 cancellation fee and trip insurance premium) will be returned within 45 days after re-booking. If after diligent effort, we are unable to re-rent the property, the full rental payment will be forfeited, including the trip insurance.
      
   2. If cancellations are made outside of the 31 days of arrival, your deposit will be refunded minus the $75 cancellation fee and trip insurance premium within 45 days of cancellation date.
      
   3. If the balance is not received 31 days prior to your arrival, we will treat the reservation as a cancellation.  Your deposit will be forfeited unless we are able to re-rent the property for your original dates.
      
   4. Your reservation may be switched to a different property incurring a transfer fee of $25, if you notify us 31 days or more prior to your arrival. Reservations CANNOT be transferred to another rental property within 31 days of arrival.
      
   5. If a guest is disappointed or unsatisfied with a property due to differences in taste according to décor, accommodations, location, etc, and declines to stay at the rental property, this will be considered a cancellation and no rent reduction or refund will be issued.
      
   6. Carolina Mornings Inc. is not responsible for the weather or other natural disasters and there will be no refunds for these occurrences. Purchasing trip insurance covers you from losses you may incur due to unforeseen circumstances, such as unexpected health issues, death, severe inclement weather, and jury duty. Trip Insurance may be added up to 31 days prior to arrival. We recommend that you purchase this insurance. Trip Insurance is non-refundable regardless of cancellation. Please refer specific questions to Travel Guard, 1.866.221.8080 (Reference #008573 P1).
5. OCCUPANCY:
   
   1. Maximum Occupancy refers to all persons over the age of one year old.  Maximum Occupancy violations will result in rent forfeiture and immediate eviction of guests. Guests will obey occupancy limit at all times.
      
   2. Absolutely no parties, youth groups, fraternities, sororities, weddings, receptions, or meetings allowed.  Carolina Mornings, Inc. does not rent to students or groups of students under any circumstances, even if a parent or legal adult makes the reservation and/or pays the rent.  If such group attempts to occupy one of our rental properties, all monies will be forfeited and guests will be asked to vacate the property immediately.
      
   3. Absolutely no firearms or pyrotechnics will be permitted on the rental premises.
6. MECHANICAL FAILURES/REPAIRS/APPLIANCES:
   
   1. Carolina Mornings, Inc. is not responsible, nor will refunds be issued, for mechanical failures of non-essential or luxury items, including, but not limited to, Hot Tubs, Television, Satellite/Cable Service, Dishwasher, Washer/Dryer, Fireplaces, Air Conditioning, Jacuzzis, or any other appliance that fails to operate properly during your stay.  No refunds will be issued for minor disruption of any utilities including, but not limited to, power outages, water outages, etc. These failures are beyond our control and no refund or rent reduction will be given. Please report inoperative equipment to Carolina Mornings, Inc. and we will make every effort to have repairs done as quickly as possible during reasonable hours. Speed of service cannot be guaranteed due to the disbursement and remoteness of our rental properties.
      
   2. Many of our properties include Hot Tubs. Guests should be aware of some risks that can be associated with Hot Tub use. Some of these risks can include discoloration of swimwear due to chemicals used to sanitize tubs and skin rashes if sensitive to the chemicals. Guest assumes all responsibilities for these risks and consequences. Absolutely, no pets or children are allowed in the Hot Tubs. Guests of special attention including, but not limited to, pregnant women, elderly, and disabled persons should use heavy caution while using the Hot Tubs. Carolina Mornings, Inc. cannot be held responsible for Hot Tub injuries or discomforts.
      
   3. Most of our rental properties do provide telephones for local calls only. Guests will need to bring a calling card to place long distance phone calls. Cell phone service is not guaranteed at our rental properties.
      
   4. Construction or road noise near the property is beyond our control. If you experience construction noise during your stay, no refunds or relocation will be made.
7. PETS:
   
   1. Absolutely NO PETS, unless specified, documented, and approved by Carolina Mornings, Inc. on the rental premises or inside the rental property. Penalties are a $100 charge, immediate removal of pet, and/or eviction of guests. All rental payment will be forfeited.
      
   2. Guests will be required to sign the Carolina Mornings, Inc Pet Policy Addendum included with this Vacation Rental Agreement.
      
   3. For pet-friendly properties, there is a $75 non-refundable pet fee per pet unless otherwise noted.
      
   4. Any misrepresentation regarding number of pets will be charged accordingly.
      
   5. Guests are held financially responsible for all physical damages to property (i.e. chewing, scratching, flea infestation, etc.), inflicted on the property by the presence of a pet. If extra cleaning is deemed reasonable due to the presence of a pet, (i.e. soiled furniture and/or flooring, hair on furnishings or bedding or fleas) the guest will be held financially responsible and the credit card on file will be charged for the amount of the repair/recovery.
      
   6. All pets are required to be leashed when outside and no pet shall be tied outside the property unless supervised by a responsible adult.
      
   7. Guest agrees to hold Carolina Mornings, Inc. harmless for any pet injury or accident whatsoever that may occur on the rental property during occupancy.
8. ACCIDENTS:
   Guest agrees to hold Carolina Mornings, Inc. harmless for any accident or injury whatsoever that may occur on the rental property during occupancy.
9. DIRECTIONS AND KEY INFORMATION:
   
   1. Carolina Mornings, Inc. will provide detailed directions and key information to access vacation rentals reserved through our company. Internet mapping devices and navigation systems are NOT recommended within the western NC Mountains. Information regarding check in procedures, including directions and property’s key instructions, is sent via email 31 days prior to arrival.  It is the responsibility of the guest to ensure receipt of directions 31 days prior to arrival.
      
   2. Please be aware that some NC mountain roads may be steep and/or curvy. Access to some of our properties may require driving on gravel roads or driveways, and paved roads or driveways can be difficult in inclement weather. Please adhere to any recommendation or requirement for four-wheel drive when listed in a property description.
10. PERSONAL ITEMS:
    Carolina Mornings, Inc. is NOT responsible for guests’ personal belongings that are lost, stolen, or left behind. A $25 retrieval fee will be charged, and if found, the items will be returned at the guests’ expense.
11. CLEANING:
    
    1. All of our properties are professionally cleaned before you arrive and after you leave. Please report within 90 minutes anything we failed to clean.
       
    2. Leave all beds used during stay unmade upon departure. Any linens/towels found missing from your stay, will result in a deduction from your damage deposit credit card for reasonable replacement costs. For multiple week stays, light weekly housekeeping can be arranged during your stay at an extra cost.
       
    3. Guests are responsible for cleaning and storing all dishes, utensils, and placing all trash in the appropriate outside container. By signing this agreement, the tenant agrees to pay a secondary cleaning fee of $75 if check-out procedures are not followed as posted in rental property and extraordinary cleaning is deemed necessary.
12. CHECK-IN AND CHECK-OUT PROCEDURES:
    
    1. CHECK-IN IS AFTER 4PM. CHECK-OUT IS BY 11AM. If the property is not vacated by 11AM, Carolina Mornings, Inc. is authorized to enter the property and remove guests’ belongings from the property at guest’s expense.  Additionally, a late check-out fee of $60 plus tax will be assessed and charged to the credit card on file.
       
    2. EARLY AND LATE CHECK-IN AND CHECK-OUT: Requests for early check-in or late check-out will be considered on a case-by-case basis.  If you are interested in either, please contact our office no more than 48 hours in advance of your arrival/departure with your request.  Consideration is given based upon the properties “status” immediately prior to, or following, your reservation.  The cost for either option is $60 plus tax, and is non-negotiable.  In addition, please note that entering a property earlier than the stated 4 PM check-in time will result in the $60 early check-in charge being assessed and charged to the credit card on file.
13. LOST KEY:
    If you lose the key or are locked out of your property, you may borrow a key by coming to our Asheville office during office hours, 9-5PM. A $75 fee will be charged to your card for all lost keys or if our staff meets you at the property.
14. ALL PROPERTIES OFFER AN INITIAL SUPPPLY OF THE FOLLOWING AMENITIES including, but not limited to: linens and towels (two bath towels, one wash cloth, and one hand towel per guest)* dishwasher detergent and dishwashing soap* sponges* hand and body soaps* paper towels* napkins* toilet paper* garbage bags* along with some cleaning implements.  All properties provide fully equipped kitchens or kitchenettes, including coffee makers as well as some cooking utensils.
    

Thank you for choosing Carolina Mornings, Inc. By signing this agreement you accept the above terms and conditions. We hope you enjoy your vacation and please do not hesitate to contact us with any questions.

Addendum to Vacation Rental Agreement
Pet Policy For Carolina Mornings’ Pet-Friendly Properties

Approved pets only - be sure to notify us if you are bringing a pet to one of our pet-friendly properties.

We are pleased to accommodate both you and your furry family members! We would love to meet you all, so come on by our office and pick up your doggie gift bag!

Before your upcoming stay, we would like to advise you of the following policies. Please review this information.

1. In the interest of protecting your pet, dogs should always be leashed when outside. While North Carolina does not have a state leash law, please note that cities and counties may have stricter regulations. For example, the Buncombe County (including Asheville city) law states:
   

The city and county animal ordinances mandate that every person owning or having possession, charge, care, custody or control of any animal shall keep such animal exclusively upon his premises.  However, such animal may be off such premises if it is under the physical control of a competent person and restrained by a chain, leash, harness or other means of physical control.  Beginning October 15, 2007 any animal found running at large, in accordance with the ordinance definition, will be impounded.  If an owner cannot be easily found the animal will be taken to the county animal shelter and will be micro-chipped, at the owners expense, before being released to the owner.

2. As a general rule, dogs should not be left unattended in properties. In an unfamiliar environment, dogs may act uncharacteristically and unpredictably. They may get nervous and bark, causing a disturbance to neighbors. Or they may harm the property by chewing, scratching, or making messes that they would not typically make at home. For these reasons, please remember to be respectful of nearby neighbors and also to please use a crate in the rare event that a dog must be left alone in a rental.
3. For the safety of your pet, you should not leave Fido unattended outside the property. It is best to always stay with your dog when outdoors and use a leash.
4. To better serve you and your furry family member, our Concierge Service will arrange for walking, grooming, and playing with your pet. Call us for details and pricing. We will also happily recommend local groomers, doggie boutiques, and doggie day care or doggie resorts at no charge. Carolina Mornings Concierge Service - 800.770.9055

   Veterinary Care
   If you need veterinary services during regular business hours, please call our office and we will recommend (based on our own experiences with our four-legged family members) a veterinary hospital close to where you are staying.

   In the event of an emergency:  Regional Emergency Animal Care Hospital (R.E.A.C.H.)
   677 Brevard Road, Asheville, NC 28801
   Mon – Fri: open 5pm-7am; Sat – Sun and holidays: open 24 hours.
   Please call before arrival: 828-665-4399

5. Legal Disclaimer: Any damages to the property or another person because of a pet will be the sole responsibility of the registered guest. Carolina Mornings, Inc. is not responsible for harm caused to any pet.