Terms and Conditions
Terms and Conditions|Topsail Island Vacation Rentals
THIS IS A VACATION RENTAL AGREEMENT UNDER THE NORTH CAROLINA VACATION RENTAL ACT, THE RIGHTS 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 IF THE AGREEMENT AND YOUR INTENT TO USE THIS PROPERTY AS A VACATION RENTAL.
1. Agency Disclosure. Starfish Rentals and Realty is employed by and represents the interest of the property Owner.
2. Disbursement of Rent and Third Party Fees. Tenant authorizes Landlord to disburse up to fifty percent (50%) of the rent 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 agrees to pay a $25 processing fee for any check of Tenant that may be returned by the financial institution due to insufficient funds or because Tenants did not have an account at the financial institution. Tenant also authorizes Landlord 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 Agent for the benefit of Tenant, including but not limited to any fees set forth herein payable to Agent for reservation, transfer or cancellation of Tenant's tenancy.
3. Security Deposit. Any security deposit provided may be applied to actual damages caused by Tenant as permitted under the Tenant Security Deposit Act. In addition, Agent 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. Agent shall apply, account for, or refund Tenant's security deposit within 45 days following the end of the tenancy after the expiration of rental term provided that:
No damage is done to the Premises or contents thereof; and/or,
There has been no early check-in or late check-out, unless approved by management; and/or,
The interior of the Premises has not been smoked in; and/or,
No pets were allowed in the house at any time during your stay unless a Pet rider was duly executed as part of the terms of the Agreement; and/or,
The rules and regulations for the Premises as contained herein have been complied with.
4. Reservation Deposit. A Reservation Deposit is required to hold your reservation. Payment by personal check, bank check, or credit card for the deposit must be remitted to Starfish Rentals and Realty no later than three business days after your verbal or written confirmation together with the executed Vacation Rental Agreement. Once payment and the executed Agreement have been received, your dates are officially reserved. Notwithstanding, if payment received is not in good and tendered U.S funds then the Vacation Rental Agreement will be considered null and void.
The balance of the Rent is due no less than 30 days prior to the Beginning of your term. If payment is not received by this date, the booking may be cancelled, the dates released, and the Reservation Deposit forfeited for non-payment.
5. Rental Periods. During the Summer and Prime seasons, reservations are for full weeks only, Saturday to Saturday and Sunday to Sunday. During the spring, fall and off-seasons, partial stays are allowed.
6. Maximum Occupancy. The maximum occupancy allowed in the rental property is as stated in the property description and shall not be exceeded at any time.
7. Balance Payment. The balance of the Rent is due no less than 30 days prior to the Beginning of your term. If payment is not received by this date, the booking may be cancelled, the dates released, and the Reservation Deposit forfeited for non-payment. Payment by personal check, eCheck, certified check, cash or traveler’s check as drawn on funds from a U.S. Depository Bank for the stipulated Rent is acceptable form for payment. Payments by check which are returned for insufficient funds will incur a returned check fee of $25.00. Payment via credit card through PayPal is also acceptable.
8. Administration Fee. All reservations have a $45.00 to $75.00 administration fee.
9. Trust Account. Any advance payment made by Tenant shall be deposited in a trust account with Bank of America located in Surf City, NC. 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 the Agent , and shall be paid to the Agent) as it accrues and as often as is permitted by the terms of the account.
10. Tenant/Guest Obligations – In accordance with the NCVRA, the Tenant is to:
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;
Dispose of all ashes, rubbish, garbage, and other waste in a clean and safe manner;
Keep all plumbing fixtures clean;
Not deliberately or negligently destroy, deface damage or remove any part of the Property or render inoperable the smoke detectors;
Be responsible for all damage, defacement, or removal of any property inside the Property that is in his or her exclusive control;
Immediately notify Agent in the event repairs or replacement of smoke detectors are needed;
Additionally, Tenant agrees to (i) leave the property in the same or better condition as when the tenancy began, (ii) be financially responsible for unwarranted or unneeded service calls and service calls caused by Tenants misuse of the Property, (iii) report any and all problems to Starfish Rentals and Realty immediately (within 24 hours prior to departure). (iv) not to allow any member of their party to walk on, play on or in any way disrupt the sand dunes of Topsail Island, (each town has a fine for this action), (v) not to enter Owner’s private storage spaces, (vi) to abide by occupancy limits of the Property at all times.
The Tenant will be the sole contact person in regards to this Agreement and the tenancy. Such Tenant is responsible for the adherence of all other occupants, visitors, or guests of the Tenant to this Agreement.
Tenant shall be held liable for extra cleaning charges and for damages involved in Smoking inside a Non-Smoking Property. Tenant understands that ALL properties are non-smoking properties.
Comply with any and all other instructions, regulations, or guidelines communicated by the Agent as well as all local ordinances and Home Owner Association rules.
Tenant’s breach of any duty contained in this section shall be considered material, and shall result in the termination of Tenant's tenancy.11.Agent Duties. Landlord agrees to provide the Premises in a fit and habitable condition. If at the time Tenant is to begin occupancy of the Premises, Agent cannot provide the Premises in a fit and habitable condition or substitute a reasonably comparable property in such condition, Agent shall refund to Tenant all payments made by Tenant. Agent 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.
12. Pets. Unless otherwise specifically permitted in this Agreement (permitted only if this Agreement has an attached Exhibit B executed by Tenant and Agent), 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.
If you wish to bring a pet, please be sure to pick a property that permits pets. Only dogs are permitted on our various properties. For those that do permit pets, there is a $150 to $250 non-refundable pet fee per pet. Properties listed as “No pets” or “Pet Free” means absolutely no pets of any kind anywhere are permitted on the premises. Tenants and their guests found with a pet on the premises of a property that does not allow pets will be subject to immediate eviction without any refund and Tenant will be held accountable for any damages, including but not limited to, extra cleaning of linens, carpet cleaning, etc. as necessary to make the property allergy free. Pets found on properties that allow pets but where the pet is undeclared and the pet fee is unpaid, shall be charged $300 per pet. SFR reserves the right to refuse certain breeds of dogs that may be deemed harmful or vicious
13. Cancellations. In the event of a cancellation by Tenant, Tenant shall receive a refund of all payments made by Tenant, less an Administrative Fee of $350.00 if the Premises are re-rented on the terms set forth herein. If the Premises are not re-rented on the terms set forth herein, Tenant will not be entitled to a refund of any rent payment made hereunder. Whether or not the Premises are re-rented, Tenant, rather than Agent, shall be responsible for seeking reimbursement of any fees paid by Tenant to Agent for goods, services, or benefits procured by Agent from third parties for the benefit of Tenant that may have been paid out prior to Tenant's cancellation. Tenant understands he may purchase travel insurance to guard against the loss of payments tendered. Tenant shall not assign this Agreement nor sublet the property.
No credit will be given for shortened stays due to late arrival or early departure for any reason.
14. Mandatory Evacuations. 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 (exclusive of any pet fees or cleaning fees) for each night that Tenant is unable to occupy the Premises because of the order.
The NCVRA provides that the Tenant shall not be entitled to a refund if: A) prior to the Tenant taking possession of the Property, the Tenant refused insurance offered by the Agent that would have compensated the Tenant for losses or damages resulting from loss of use of the Property due to a mandatory evacuation order; or B) the Tenant purchased insurance offered by the Agent. The insurance offered shall be provided by an insurance company duly authorized by the North Carolina Department of Insurance, and the cost of the insurance shall not exceed eight percent (8%) of the total rent charged for the vacation rental to the Tenant
Tenant acknowledges that the Agent has offered insurance prior to the occupancy which meets the conditions state above and further explained in the next paragraph (p. 15) of this agreement.
15. Vacation Trip Interruption Insurance/Travel Insurance. Trip insurance is offered through CSA Travel Protection, covering loss of rent payments made because of unforeseen circumstances, illnesses and injuries. It includes coverage for mandatory hurricane evacuations. The cost of this insurance is 6.95% and is automatically added and due with the Guest’s advance rent payment. Details outlining the benefits, exclusions and limitations are in the CSA brochure included with the Agreement as an addendum. You can also view this brochure on our website at https://www.starfishrentalsandrealty.com/travel-insurance.htm . If Tenant does not want this coverage, he may deny this charge by simply initialing where indicated on the Agreement. Tenant’s premium payment is distributed to the insurance company by SFR in advance of the Tenant check-in and is not refundable. SFR as agent for the insurance company, receives a commission on this insurance program.
16. Transfer of Premises. (A) If the Landlord 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 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 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 Landlord 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.
(B) Upon termination of the Landlord’s interest in the Premises, whether by sale, assignment, death, appointment of a receiver or otherwise, the Landlord, or agent thereof, is required to transfer all advance rent paid by Tenant (and other fees owed to third parties not already lawfully disbursed) to the Landlord’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 Landlord’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.
(C) If the Landlord’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.
17. 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. Events that would constitute material breach of this Agreement by Tenant and terminate the Tenancy immediately include: damage to Premises, pets in a non-pet Property, smoking in a non-smoking Property, house parties and exceeding the maximum occupancy.
18. Indemnification and Hold Harmless; Right of Entry; Assignment. Tenant agrees to indemnify and hold harmless Agent 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 Agent, or the failure of Agent to comply with the Vacation Rental Act. Tenant agrees that Agent or their respective representatives 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 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 Agent. This indemnification specifically includes use of any elevators, spas, swimming pools, hot tubs and whirlpools if on premises.
A) Upon arrival, the Premises will be clean.
B) Linens, bath towels, hand towels, wash cloths can be provided for you for an additional charge. Some properties offer FREE linens but not all properties do so. The kitchen towels are provided. The properties that do not offer FREE linens will require you to wash and dry the kitchen towels and bathmats before checking out.
C) Dishwasher soap, hand soap, toilet paper, laundry soap and softener are not provided.
D) Daily maid service is not offered. Included within your rental agreement is a cleaning fee to have the Premises professionally cleaned after the Tenant has vacated the Premises.
E) Tenants and their guests who bring a pet or pets without approval will forfeit their security deposit and may be evicted from the property. Any evidence of pets on furniture may incur extra cleaning fees. Be sure to vacuum the couches before leaving if you have a pet.
F) The Interior of the Premises are Non-Smoking areas. You are permitted to smoke outdoors on the deck. Butts are to be disposed of properly and not left anywhere on the property. Please – it is a pristine, natural environment.
G) The Agent is not responsible for the loss of personal belongings or valuables of the guest. By accepting this reservation, it is agreed that the Tenant is expressly assuming the risk of any harm arising from his/her use of the premises and their guests whom they invite to use the premise.
H) Games and activities are provided for Tenants and their guests; however, some games have small pieces or parts and are not suitable for young children, i.e. toddlers and infants, who may put things in their mouths. Do not allow young children to play unsupervised with games.
I) Local telephone service and wireless internet service are provided in most homes.
20. Check-in time is no earlier than 3 pm EST the day you are scheduled to arrive. DO NOT GO TO THE PROPERTY PRIOR TO CHECK IN AT THE STARFISH REALTY OFFICE. Every effort is made to insure that all properties are clean and ready for occupancy, however in some instances it is necessary to delay check in until the property is ready. There are no refunds or rebates available should this happen. Late arrival arrangements can be made if your rental agreement is signed and the reservation is paid in full.
21. Checkout time is no later than 10 am EST the day you are scheduled to leave. DO NOT RETURN TO THE PROPERTY AFTER YOU TURN YOUR KEYS IN. Please return both sets of keys, pool passes and parking passes to our office no later than 10 am. Tenants are responsible for completion of the items on the SFR check-out procedures list issued in your welcome packet at check-in. The property should be left as it was found upon check-in. If you plan to leave early, please be sure to leave the keys and any passes in the drop box located next to the front door of our office. There is a $25 fee per missing key, lost or not returned.
22. Checkout procedures.
A) Prior to checkout, please load and run the dishwasher, and empty dishwasher, so there will be no dishes left out upon the next guest’s arrival.
B) Before leaving, please set the thermostat to 75 degrees in the summer and 68 degrees in the winter.
C) Make sure all doors and windows are shut and locked with the wooden stops in place.
D) Please be sure to wash/dry all bath mats and kitchen towels, rags and replace these to the correct area before leaving the property.
E) Please make up all beds and organize the furniture as it was when you arrived. Any furnishings and furniture not returned to its original place may incur a re-organizing fee that may be deducted from the Security Deposit.
F) Please empty the house of your personal trash and roll the trash and recycling bins to the street for weekly pick-up.
G) We will not be liable or responsible for your personal items left behind, lost or stolen, but if found, we will make every effort to reach you and return them to you.
H) Return all keys for the Premises to the office, no later than 10 am.
23. Fees. Tenant understands and agrees to the following fees and charges:
A) Nonrefundable administration fee- $45.00 plus tax;
B) Late Check-out fee of up to $500.00 per hour;
C) Returned check fee-$25.00
D) Fee for rental items not returned to our office- $15.00-$300.00
E) Pet Fee- If your property accepts pets, there is a non-refundable fee of at least $150-$250 per pet.
F) Hot Tub Activation – Properties that have a hot tub require at least a $75.00 hot tub activation fee for activation in the mid-season and off-seasons.
G) Pool Heat – All heated pools carry at least a $150.00 heating fee during the mid and off season. Heated pools are not heated during the summer. Heated pools will only heat to about 10 degrees higher than the outside temperature.
H) Wedding Fees: Some of our Properties will allow weddings. There is a $1250.00 minimum refundable wedding damage deposit. All weddings must be approved through the Agent in writing.
24. Non-Compliance with Rules and Regulations and Additional Charges. Tenant is responsible for complying with all rules and regulations for the properties as may be posted at the property or otherwise contained herein. Non-compliance with these rules and regulation will subject the Tenant to additional charges which the Tenant agrees to pay to Starfish Rentals and Realty. These charges are not covered under any Insurance policy the tenant may have elected to purchase. Tenant, with the execution of this Vacation Rental Agreement, authorizes Starfish Rentals and Realty 1) To deduct these charges from any Damage Deposit; or 2) To charge these fees to any Credit Card presented for payment of vacation cost; or 3) Invoice Tenant for damages and/or fines where Tenant agrees to pay such invoice within 10 days of receipt; in the event that any of these violations of the Rules and Regulations occur. The Tenant will be required to place Credit Card information on file with Agent prior to Check-in. Charges the Tenant will be subject to, but not limited to, are as follows:
Dishwasher not emptied or Unclean Dishes $50.00
Refrigerator not cleaned out $25.00
Rolling trash cans to curb and returned $50.00
Trash not property disposed of $25.00
Late check-out without prior approval $200.00
Excessive unclean premises TBD
Smoking inside the premises $500.00
Service charge for refrigerator or HVAC $250.00
setting of temperature too low and causing the
unit to freeze up
Tenant locked out of property $75.00
Lost amenity cards $50.00
Lost keys $25.00
25. Inoperative Equipment. Appliances, air conditioners, TVs, dvd players, elevators, fireplaces, hot tubs, etc. are not guaranteed to be operational nor will refunds be given in the event of failure. Starfish will make every effort to have any inoperative equipment repaired as quickly as possible. Replacements are not provided. Should a repairman make a call to a property & find the problem was due to tenant oversight or neglect, such as failure to secure the accordion door in an elevator, the charge for the service call will be deducted from the damage deposit or charged to your credit card. Swimming pools, hot tubs, etc., if offered, may not be available during the Spring, Fall, or Off Seasons. No refunds will be made if these amenities are shut down for the season or for maintenance. Please be sure to ask if your property amenity will be operational.
26. No Smoking & Smoke Free Properties Use of cigarettes, pipes and cigars is prohibited inside properties listed as "NO SMOKING" or "SMOKE FREE." Please do not discard smoking debris on dunes or in the yard. Failure to observe this prohibition shall result in forfeiture of damage deposit &/or immediate eviction. Guest will be held accountable for any damages including, but not limited to, extra cleaning of linens, carpet, etc. to make the property smoke free.
27. Rented Items. Starfish offers rental items, such as bed and bath linens to help make your trip down to Topsail Island easier (and lighter!). Our reservationists will be happy to assist you for scheduling these services or order online at the time you make your reservation. If you or someone in your party has a special need that is not listed, please call our office and we will assist you in any way that we can. All rental items will be delivered to the property by the end of the day. Rental items will be picked up on departure day. Please make reservations for these items as early as possible. Prices are per reservation and do not include applicable taxes. In the event you find that you do not need the items rented, a full refund will be made provided you cancel at least 14 days prior to your arrival date.
Other items available for rent include: kayak (single and double), paddle board, surf board, skim board, boogie board, beach chairs and beach umbrellas.
28. Cleaning. Tenant is responsible for completion of the items on the Starfish check-out procedures list issued to Tenant at check-in, including but not limited to, washing all dishes (even without a dishwasher), making beds, emptying and discarding all food from refrigerator & cabinets, closing and locking windows and doors. Tenant shall place all trash inside trash cart and follow the specific trash schedule for that property. Tenant understands that Starfish will charge Tenant for failure to do the above items and also for picking up any garbage left by the trash service.
29. Items in Units. If you are renting both sides of a duplex or multiple houses, please refrain from moving items from side to side or from house to house (especially kitchen items). If we find items out of place, there will be a $25 service charge for putting items back where they belong.
30. Articles left behind. Finding your forgotten items is often difficult. If you forget something, please call us immediately. We will do our best to find your item(s), but cannot guarantee this. We are not responsible for anything left in the rental unit. A minimum of $25 plus postage will be charged to ship any items left behind. After 30 days, all lost and found items are donated to a local charity.
31. Telephones. Most of our properties have telephones. The property phone number is printed on your welcome materials. The telephone in your rental property is not connected to a switchboard. Any long distance calls should be charged to your calling card or credit card. You may wish to bring your cell phone or a prepaid calling card with you. If a toll call appears on the owner's bill for the dates you were in the property, you will be billed a $5 per call service charge in addition to the amount of the calls. Local calls include Topsail Island, Sneads Ferry, Holly Ridge, Wilmington and Jacksonville, NC.
32. Parking. Space is limited at some of our rental properties. Please consult with us prior to bringing boats, trailers, campers, motor homes, etc. Town ordinances restrict the hookup of any camper, motor home, etc. to a rental property's utilities. * We do supply boat slips so please let the reservationist know if you are interested in bringing your boat and we can supply you with a quote.
33. Grills. Grilling is not permitted on wooden decks or walkways, inside screened porches, garages or carport areas. Please use the driveway area for grilling out. Neither Starfish Realty nor the property owner is responsible for filling empty LP gas tanks for gas grills. If a grill is furnished, please be sure to clean the grill and dump cooled ashes before you leave so the next guest finds it ready to use. Some condominium developments have designated areas in the parking lots for grilling. There is a hefty fine for grills being used within 20 feet of a condominium structure. Grills are not guaranteed to be available, nor functioning due to our harsh, corrosive environment, even though they may be listed as an amenity for the property. Please dispose of any unwanted grill you bring to the property.
34. Sand Dunes. Please do not walk, play or litter on our sand dunes. The dunes are our only line of protection to our island. There are fines and ordinances against dune destruction in Surf City, Topsail Beach and North Topsail Beach. If we find trash, oyster shells, etc., on our sand dunes, there will be a $25 fine for cleaning it up.
35. Lock-Out Service. During business hours we can provide assistance to you free of charge. However, after hours there are charges for Starfish Realty personnel to come unlock the door - $25 before 8:00 pm and $50 after 8:00 pm. Fee is payable in cash at time service is rendered to the responding rental agent.
36. Thermostats for heating and cooling shall not be set below 72 nor above 75 degrees. The refrigerator temperature dial shall not be set to anything other than mid-range. The cost of unnecessary repairman service calls shall be charged to Tenant.
37. Routine Maintenance. It may be necessary to enter the property during reasonable hours to service equipment or make repairs. We will make every attempt to reach you to alert you but cannot reschedule the serviceman under any circumstances.
38. Property for Sale. Starfish Realty reserves the right to show the rental property to potential buyers if the unit has been placed on the market for sale. We will make every effort to schedule the showing at a convenient time and interrupt your vacation as little as possible. Your cooperation will be appreciated.
39. Construction. Topsail Island is still growing so construction in progress is inevitable. Unfortunately, we have no control as to when and where construction occurs. We ask that you please be tolerant and remember why you are here - to enjoy your family at the beach! Construction begins at 7 am and ends around 6 pm per local ordinances. No refunds or property transfers will be made.
40. Additional Regulations. Most condominiums and many properties have additional rules & helpful information posted by the condominium association or the homeowner. These rules, regulations and helpful tips must be observed.
41. Owner Closets. The Premises may contain a locked owner's closet for the owner's personal use and is not a part of this rental.
42. Limitation or Remedies. At the beginning of occupancy, if Owner cannot provide the Premises in a fit and habitable condition or substitute a reasonably similar property, Guest hereby agrees that Starfish and Owner's sole liability as a result of this condition is a full refund of all monies previously tendered by Guest under this Rental Agreement. Guest expressly acknowledges that in no event shall Starfish or the Owner be held liable for consequential or secondary damages, including but not limited to, any expense incurred as a result of travel or re-renting, etc. Tenant shall not be entitled to a refund due to unfavorable weather conditions, hurricane evacuation, and failure of a major appliance or air conditioning system, inadequate beach access or disruption of utility services including cable TV. Tenant shall not hold Starfish or Owner liable for acts of theft, vandalism or other damages to Tenant's personal property. Provisions of this Agreement shall be construed according to North Carolina law in the event of a dispute. In the event of a dispute, both parties agrees that any legal action may only be instituted in the county where this Property is located.
43. Errors and Omissions. We have tried to provide accurate information in our listings, but we cannot be held responsible for errors, omissions, or changes made by the property owner.
-See more at: https://www.starfishrentalsandrealty.com/terms-conditions.asp
44. Additional Terms. Tenant must be 25 years of age or older to rent the Premises and provide proof of age, if requested.
Each Premises has a maximum occupancy. Tenants who exceed this occupancy limit or falsify occupancy information at the time of reservation are subject to immediate eviction. Tenants may not park any vehicles on the Premises such as buses, motor homes, recreational vehicles, campers, etc., that could be used to potentially increase the occupancy of the Premises.
The Agent and/or owner is not responsible for any accidents, injuries, or illness that occurs while on the Premises or it’s facilities. The Agent is not responsible for the loss of personal belongings or valuables of the guests. By accepting this reservation, it is agreed that the Tenant is expressly assuming the risk of any harm arising from his/her use of the premises and their guests whom they invite to use the Premises.
Illegal substances are strictly prohibited and grounds for immediate eviction.
Tenant shall not allow any illegal activity to take place on the Premises. In the event that any illegal activity is found to be taking place on the Premises, then Landlord may take action for immediate eviction of the Premises.
The Agent may enter the Premises immediately in the event of an emergency in order to perform necessary repairs and/or maintenance; and may enter the Premises with 24 hours notice for normal maintenance.
Except as may be designated otherwise, this Vacation Rental Agreement, and any addendums hereto that require the execution/signatory of either the Tenant and/or the Agent, will have the same authority if signed by electronic signature.
Rates, terms and conditions are subject to change without notice.
45. Agent's Contact Information for mailing of executed documents and funds mail to:
Starfish Rentals and Realty
P.O. Box 2351
Surf City, NC 28445
Telephone Contact: 910-541-0872
Fax Number: 888-258-0992
46. Force Majeure. There may be circumstances beyond the control and contemplation of the Agent, in which the property may not be available for the reservation as contemplated herein. Examples of these include (but are not limited to) the destruction of; or, severe damage to the Property. In the event of Force Majeure, Agent will do his/her best to make alternative arrangements for Tenant where and when possible. If Agent cannot secure such alternate arrangements, or if the alternative arrangements are not acceptable to the Agent, then Agent will refund all monies received. This will be the full extent of Agent’s liability to you in such circumstances, and Agent will not be responsible for any other costs connected with any such cancellation, howsoever arising.
I HAVE READ AND UNDERSTAND THE RULES AND REGULATIONS. I CERTIFY THAT I AM AT LEAST 25 YEARS OF AGE AND THAT I WILL BE HELD RESPONSIBLE FOR THE CARE OF THE PREMISES BEING RENTED UNDER MY NAME. I ACCEPT FULL RESPONSIBILITY FOR DAMAGES OR EXTRA CLEANING CHARGES, SHOULD THEY BE DISCOVERED DURING OR AFTER MY DEPARTURE.