Here's all the legal jargon... Sorry, it's so long - the State made us do it!
Seriously, though - if you're used to vacation rentals, you'll see all the usual points below. If this is your first time, don't worry, it's pretty easy! It just protects you and us and makes sure that we're all on the same page.
You might be wondering: "Individuals renting their private home don't require this - so why does Carolina Mornings??" Great question! We're a professional vacation rental management company, and North Carolina requires the pros to have these agreements in place as a benefit to you, the guest. When you rent from a non-pro, your rights are not protected. A handshake and a smile is an admirable way to do business... but we've found that clearly written agreements provide a wonderful peace of mind. Rest easy; you're protected with Carolina Mornings!
1. NIGHTLY MINIMUMS:
(1) If the reservation is secured online, the Tenant’s credit or debit card will be charged a deposit for 50% of the rental amount, damage insurance (if elected), and trip insurance premium (if elected), or $200 plus applicable taxes, whichever is greater.
(2) If the reservation is secured by phone, the Tenant will receive an email confirmation that provides Guest Login information.
Within 48 hours of securing the reservation, the Tenant is required to access the Guest Login on the Carolina Mornings, Inc. website and electronically sign the Vacation Rental Agreement (VRA), and make payment for 50% of the rental amount, damage insurance (if elected), and trip insurance premium (if elected), or $200 plus applicable taxes, whichever is greater. If Carolina Mornings, Inc. does not receive a signed VRA within 48 hours, the reservation will be cancelled.
(3) The final balance is due no later than 31 days prior to the reservation check-in date. Tenant is responsible for payment of the final balance, paid by credit/debit card through the Guest Login on the Carolina Mornings, Inc. website. If Tenant prefers to pay the final balance by check/money order, payments should be made payable to Carolina Mornings, Inc. Payments should be mailed to P.O. Box 18235, Asheville, NC 28814, and should include the reservation number and property name on the check/money order. If both deposit and balance are satisfied in full via check or money order, a credit card is required to be held on file. If payment is not received 31 days prior to the reservation check-in date, Carolina Mornings, Inc. will apply the final balance to the credit card on file.
(4) Once the reservation is paid in full, directions and key information for the Property will be emailed to the Tenant.
b. IF YOUR RESERVATION IS SECURED LESS THAN 31 DAYS PRIOR TO ARRIVAL:
(1) If the reservation is secured online, the total rental amount will be charged to the Tenant’s credit card.
(2) If the reservation is secured by phone, the Tenant will receive an email confirmation that provides Guest Login information.
Within 24 hours of securing the reservation, the Tenant is required to access the Guest Login on the Carolina Mornings, Inc. website and electronically sign the VRA. When Carolina Mornings, Inc. receives a signed VRA from the Tenant, the total rental amount will be charged to the credit card on file or can be paid by check or money order. If both deposit and balance are satisfied in full via check or money order, a credit card is required to be held on file.
(3) Once the reservation is paid in full, directions and key information for the Property will be emailed to the Tenant.
c. All payments made by the Tenant shall be deposited within 3 banking days of receipt in an escrow account with PNC Bank located at 8 O’Henry Avenue, Asheville, NC.
3. OTHER CHANGES AND FEES:
b. Departure Cleaning Fee, ranging from $85 to $680, plus applicable taxes.
c. A fee of $100 plus applicable taxes will be charged for all returned checks.
d. Carolina Mornings, Inc. receives a commission from services provided, including, but not limited to, Vacation Rental Insurance, and other packages.
e. All reservations incur 6.75% - 7% NC Sales Tax and County Occupancy Tax of 3% - 6% 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 tenancy. Rates are subject to change as authorized by the appropriate governing body. Carolina Mornings, Inc. will credit or debit the rental amount to reflect tax rates which are in effect during the tenancy.
f. Fees for additional services offered by Carolina Mornings, Inc. will be charged to the Tenant’s credit card on file. Such additional services include without limitation Biltmore Estate admission and Handling Fee for returning personal property that has been left in the Property after Tenant departure.
4. SECURITY DEPOSIT:
b. Payment of a refundable Security Deposit by check or money order is required 1) if VRD is not purchased OR 2) if rental property specifies the requirement. The Security Deposit amount ranges from $800-$5000 (depending on the property). The Security Deposit amount due will be outlined on the Reservation Confirmation and must be paid as a check/money order payable to Carolina Mornings, Inc. The Security Deposit must be received no later than 31 days prior to Tenant’s arrival, or upon making the reservation if reservation is made less than 31 days prior to arrival. Payments should be mailed to P.O. Box 18235, Asheville, NC 28814, and should include the reservation number and property name on the check/money order. Security Deposits shall be deposited within 3 banking days of receipt into an escrow account with PNC Bank located at 8 O’Henry Avenue, Asheville, NC. Security Deposits shall be accounted for and refunded within 45 days of departure in accordance with NC law. Whether or not a Security Deposit is required, Tenant is responsible for any intentional damage due to willful negligence on leased Property. Tenant will be notified in writing. Tenant agrees that charges can be processed on Tenant's credit card or Tenant agrees to send payment within 10 days of notification.
a. Immediately upon arrival, Tenants agree to notify Carolina Mornings, Inc. of any noticeable damages or conditions requiring repair or maintenance. Tenants agree to be responsible for any damages to the premises during their rental stay. This includes damages to the furnishings and household items that result from the action or inaction of Tenants or their invitees, excluding normal wear and tear. Tenants further agree to reimburse Carolina Mornings, Inc. for collection costs, if necessary, and reasonable attorney fees.
b. After Tenant's departure, and within 45 days following the conclusion of the tenancy, the Property is inspected and inventoried for damages and missing items, at which time assessed damages will be billed to Tenant.
c. Tenant is responsible for any intentional damage due to willful negligence of the leased Property, as well as any items missing from the leased Property after Tenant’s departure. Tenant will be notified in writing, and Tenant agrees that charges related to intentional damage caused by willful negligence, or cost of replacement for missing items, can be processed on Tenant's credit card on file provided that Carolina Mornings, Inc. does not receive payment from Tenant within 10 days of notification.
6. CANCELLATIONS, TRANSFERS, AND FORFEITS:
b. If cancellations are made outside of the 31 days prior to arrival, Tenant’s deposit minus the $100 cancellation fee plus applicable taxes and trip insurance premium will be refunded within 30 days of cancellation date.
c. If the balance is not received 31 days prior to the reservation check-in date, Carolina Mornings, Inc. will treat the reservation as a cancellation. The Tenant’s deposit will be forfeited unless Carolina Mornings, Inc. is able to re-rent the Property for the original reservation dates.
d. The reservation may be switched to a different property, incurring a transfer fee of $100 plus applicable taxes, if Tenant notifies Carolina Mornings, Inc. 31 days or more prior to arrival. Reservations CANNOT be transferred to another property within 31 days of arrival.
e. Tenant is making an agreement with Carolina Mornings, Inc. for an individually owned property. If Tenant is not satisfied with the Property upon arrival, Tenant cannot be moved to another property. If Tenant is disappointed or unsatisfied with the Property due to differences in taste according to decor, accommodations, location, construction, mountain road conditions, etc., and declines to stay at the Property, this will be considered a cancellation and no rent reduction nor refund will be issued. If Tenant has particular needs, such as a disability or severe medical condition, Carolina Mornings, Inc. will attempt to answer and address all concerns. Tenant agrees to hold harmless Carolina Mornings, Inc. for any inaccuracies.
f. Carolina Mornings, Inc. is not responsible for the weather or other acts of nature, and there will be no refunds for these occurrences. Ski & Mountain Travel Insurance has been made available with your reservation. Ski & Mountain Travel Insurance provides coverage for the loss of prepaid, non-refundable expenses due to certain unforeseeable circumstances that may jeopardize your vacation investment and force you to incur unplanned expenses. Trip Cancellation and Trip Interruption coverage is available for events such as a sickness or injury of yourself, family member or traveling companion; flight delays due to adverse weather; interruptions of road service; terrorist acts; and mandatory evacuations. Trip Inconvenience coverage is available if the resort is forced to close its primary attractions during your trip due to lack of snow or severe weather. The plan also includes other valuable in-trip coverages such as Medical and Dental, Sporting Equipment, Baggage, and Emergency Assistance and Transportation in addition to useful services such as identity theft, concierge and 24/7/365 emergency assistance. We strongly recommend you purchase this valuable protection. Additional terms and conditions apply; please read your Description of Coverage/Policy carefully and contact Generali Global Assistance with coverage questions.
g. Transfer of Property: In the event the Property Owner transfers Property, Carolina Mornings, Inc. will promptly notify Tenant if Property is transferred. If the last day of the rental is 180 or more days after the recordation in the register of deeds of the deed conveying the Property, Tenant shall have no right to enforce the terms of this Agreement unless the new Property Owner has agreed in writing to honor those terms. Otherwise, a full refund less the cancellation fee will be paid to the Tenant within 30 days. In the event Tenant notifies Carolina Mornings, Inc. that every attempt should be made to move the reservation to a comparable available property, Carolina Mornings, Inc. will make reasonable efforts to do so. If Tenant transfers to another property, advance rental deposit will transfer to new property.
h. Except in the event of a mandatory evacuation issued by state or local authorities, if, at the time the Tenant is to begin occupancy of the Property, the Property Owner or Carolina Mornings, Inc. cannot provide the Property in a fit and habitable condition or substitute a reasonably comparable property in such condition, the Property Owner and Carolina Mornings, Inc. shall refund to Tenant all payments made by the Tenant.
a. Violations of Maximum Occupancy. Maximum Occupancy refers to all persons over the age of one year old. Violations can cause property damage (for example, well and septic over-use) as well as violate local laws and regulations. Beds are not indicative of allowed occupancy necessarily, but may provide options or extra bedding for the allowed occupancy. Tenant is required to obey Maximum Occupancy limits at all times. Violations of Maximum Occupancy will result in an additional charge of $250 plus applicable taxes representing liquidated damages.
b. Youth, high school or college groups, weddings, receptions, parties, or meetings are not allowed unless a signed Large Group Addendum is approved by Carolina Mornings, Inc.
c. Any group whose behavior creates a disruption or interferes with a neighbor’s peaceful enjoyment of their property.
d. Any use of the Property for illegal purposes, including groups that may be interested in allowing underage drinking.
e. The presence of firearms, pyrotechnics, unsupervised outdoor fires, any and all off-road vehicles, audible disturbances.
f. Littering on the rental premises.
g. Use of the Property by Tenant for a business purpose or in a manner designed to produce a monetary or financial profit, such as an event venue.
h. Use or occupancy of the Property in a manner that is inconsistent with the material representations made by Tenant in the application process.
i. Tenant acknowledges that the violations above can result in economic injury to Property Owner and/or Carolina Mornings, Inc., and will result in legal action to recover damages to Property and Property marketability.
8. CAROLINA MORNINGS, INC. DUTIES/MECHANICAL FAILURES/REPAIRS/APPLIANCES:
b. Carolina Mornings, Inc. is not responsible, nor will refunds be issued, for mechanical failures of non-essential or luxury items. In the case where the Property sustains a failure of a system or amenity (at the time of or during the tenancy), including, but not limited to, water, sewer, septic, heating, electrical, mechanical, ventilating, structural systems, fireplaces, air conditioning, pool, hot tub, jetted tub, entertainment equipment, satellite/cable service, Internet or Internet access, or other facilities or major appliances, Carolina Mornings, Inc. shall promptly repair such system or amenity in a commercially reasonable manner and time upon receipt of written notification from Tenant that repairs are needed. Tenant agrees to permit Carolina Mornings, Inc. or its service staff to have reasonable access to the Property to inspect and make such repair in a commercially reasonable manner and time. Neither Property Owner nor Carolina Mornings, Inc. shall be liable to Tenant in damages, and no refunds will be given for such temporary failure or minor disruption of any utilities, provided Carolina Mornings, Inc. is causing the system or amenity to be repaired in a commercially reasonable manner and time after having received written notification from Tenant that repairs are needed. Speed of service cannot be guaranteed due to the disbursement and remoteness of Carolina Mornings, Inc. rental properties.
c. Many Carolina Mornings, Inc. rental properties include hot tubs and pools. Tenants should be aware of some risks that can be associated with hot tub and pool use. Some of these risks can include discoloration of swimwear due to chemicals used to sanitize tubs and minor skin rashes if sensitive to the chemicals. Absolutely no dogs or children are allowed in the hot tubs, and absolutely no dogs are allowed in pools. Carolina Mornings, Inc. cannot be held responsible for hot tub and pool injuries or discomforts. Tenant acknowledges waiver of liability, including but not limited to, hot tub, whirlpool, sauna, outdoor/indoor pool, elevator, herein after called special feature, if so equipped. The Tenant understands that there are potential risks that the special features may present, dangers to persons using the special features for too long, or to persons intoxicated or using any kind of drugs or medication. Tenants of special attention, including but not limited to pregnant women, elderly, and disabled persons, should use heavy caution while using special features. The Tenant agrees to explain the risks of using the special feature to any guests at the unit and to be fully and solely responsible for any accidents that the guests may incur. The Tenant understands the risks discussed above and agrees to assume all responsibility for the consequences of those risks. Tenant agrees to waive any claim whatsoever against Carolina Mornings, Inc. and Property Owner for accidents or claims arising from use of special features. The Tenant agrees to indemnify Carolina Mornings, Inc. for any claims made by Tenant's guests arising from Tenant's guest's use of the special feature. The Tenant also understands and agrees that the Tenant is responsible and liable and will pay Carolina Mornings, Inc. upon request for any damages that occur to the special feature and its support equipment through misuse and/or negligence, for example but not limited to, damaging the hot tub cover and/or pool liner, or allowing the water level to become too low, or causing water overflow outside the unit.
d. If the Property has a hot tub, the Tenant is responsible for sanitizing the hot tub after each use. This is accomplished by placing 2 Tablespoons of non-chlorine shock in the hot tub and turning on the jets (specific instructions are provided at the Property). If Tenant use results in the hot tub becoming excessively dirty, and the water in the hot tub requires purging, Tenant will be charged an excessive maintenance fee at a minimum charge of $150 plus applicable taxes.
e. Fireplaces are seasonal amenities and operate Labor Day through Memorial Day.
f. Outdoor fires are only permitted in fire pits that are advertised as an amenity of the property. Guests are not permitted to make their own fire pits.
g. Many Carolina Mornings, Inc. rental properties provide telephones for local calls only. Cell phone service is not guaranteed at rental properties.
h. Construction or road noise near the Property is beyond the control of Carolina Mornings, Inc. If Tenant experiences construction noise at the Property, no refunds or relocation will be made.
i. If Property is listed for sale, Tenant agrees, with 24-hour notice, to allow access to Property for prospective buyers, inspectors, and appraisers.
j. In the event that rented premises becomes uninhabitable prior to rental period, or in the event of an error in reservation procedure or change in the ownership that precludes occupancy by Tenant, Carolina Mornings, Inc. reserves the right to put into effect appropriate corrective action without loss to Carolina Mornings, Inc. Liability to Carolina Mornings, Inc./Property Owner is limited to rental monies paid by Tenant. Notification of such corrective action will be provided to Tenant at the earliest possible time.
k. If Carolina Mornings, Inc. becomes aware of any foreclosure proceedings, Carolina Mornings, Inc. will notify Tenant. In the event of a monetary loss to Tenant, Tenant understands that their sole recourse is with the Owner of the Property. Tenant agrees that Carolina Mornings, Inc. cannot be held responsible for funds lost due to a voluntary or involuntary transfer of property ownership.
9. WELL WATER AND PRESSURE:
a. Written approval from Carolina Mornings, Inc. is required for all pets prior to Tenant arrival at the Property.
b. Absolutely no pets other than dogs, including but not limited to cats, are permitted at any time on the rental premises or inside the Property. For the purposes of this Agreement, the term “pet” is always used in reference to a dog.
c. For pet-friendly properties,
(1) Tenants will be required to sign the Carolina Mornings, Inc. Pet Policies Addendum.
(2) There is a non-refundable pet fee (ranging from $0 to $300 plus applicable taxes, depending on the home) per pet as noted in the property description, add-ons, and/or booking page.
(3) Any misrepresentation regarding number of pets will be charged accordingly.
(4) Tenants 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 Tenant will be held financially responsible and the credit card on file will be charged for the amount of the repair/recovery.
(5) All pets are required to be leashed when outside, and no pet shall be tied outside the Property unless supervised by a responsible adult.
d. Tenant agrees to hold Carolina Mornings, Inc. harmless for any pet injury or accident caused by their pet whatsoever that may occur on the Property during occupancy.
12. DIRECTIONS AND KEY INFORMATION:
b. Access to some of Carolina Mornings, Inc. rental properties may require driving on gravel roads or driveways, and paved roads or driveways can be difficult in inclement weather. North Carolina mountain roads may be steep and/or curvy. Tenant should adhere to any recommendation or requirement for use of a four-wheel-drive or all-wheel-drive vehicle when listed in a property description. It is highly recommended that the Tenant try to arrive during daylight hours for their first visit to the Property to become familiar with the area and roads.
13. PERSONAL ITEMS:
b. Tenant should leave all beds used during stay unmade upon departure. Any linens/towels found missing from Property will result in a replacement charge to the credit card on file. For multiple-week stays, light weekly housekeeping can be arranged during Tenant’s stay at an extra cost.
c. Tenants are responsible for cleaning and storing all dishes and utensils, and for placing all trash in the appropriate outside container. By signing this Agreement, the Tenant agrees to pay a secondary cleaning fee of up to $200 plus applicable taxes if checkout procedures are not followed as posted in the Property and additional cleaning beyond regular and routine cleaning is necessary.
15. CHECK-IN AND CHECKOUT PROCEDURES:
b. CHECKOUT IS BY 10:00 A.M. If the Property is not vacated by 10:00 a.m., Carolina Mornings, Inc. is authorized to enter the Property and remove Tenants’ belongings from the Property at Tenant’s expense. Additionally, a late checkout fee of $100 plus applicable taxes will be assessed and charged to the credit card on file.
c. EARLY CHECK-IN AND LATE CHECKOUT: Requests for early check-in or late checkout will be considered on a case-by-case basis. Tenant must contact the Carolina Mornings, Inc. office no more than 24 hours in advance with requests for an early arrival or late departure. Consideration is given based upon the Property’s “status” immediately prior to, or following, Tenant’s reservation. The fee is non-negotiable and will be charged to the credit card on file.
16. LOST KEY:
17. ALL PROPERTIES OFFER AN INITIAL SUPPLY OF THE FOLLOWING AMENITIES:
18. MANDATORY EVACUATIONS:
19. ADDITIONAL PROVISIONS/DISCLOSURES:
b. The provisions of this Agreement are severable, and the unenforceability or invalidity of any provision of this Agreement shall not affect the remainder of the Agreement. The parties acknowledge that it is their intention that if any provision of this Agreement is determined by a court to be unenforceable or invalid as drafted, that provisions should be construed in a manner designed to effectuate the purpose of that provision to the greatest extent possible under applicable law. The parties hereby consent to the scope of such provision being judicially modified accordingly in any proceeding brought to enforce that provision.
c. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof, and cancels and supersedes all prior and contemporaneous agreements, understandings, negotiations, and discussions of the parties, whether oral or written, relating to the subject matter hereof. This Agreement may not be amended except in a writing signed by all parties.
d. The parties hereby consent and agree that if a dispute arises about the terms of this Agreement and a lawsuit or any other legal proceeding is initiated, the State of North Carolina has jurisdiction, and venue is proper in the County of Buncombe.
The 'Plain English' section of our Vacation Rental Agreement is an overview of the Agreement and is not meant to serve as a substitute for reading the entire Agreement. In no way does the 'Plain English' section waive or alter the terms of the Agreement, and it is the Tenant's responsibility to review the Agreement in its entirety.
Tenant acknowledges having read this Agreement before signing it, understands the meaning and legal effect of the terms of this Agreement, and believes that this Agreement is fair and reasonable. Tenant acknowledges receipt of a copy of this Agreement.
CARDHOLDER AGREEMENT: I have read, understand, and agree to the above terms and policies. I agree to pay the following charges according to my credit card agreement.
Thank you for choosing Carolina Mornings, Inc. Please do not hesitate to contact us at 866.250.9181 with any questions. We hope you enjoy your vacation!
Pet Policies Addendum
1. Carolina Mornings, Inc. only accepts well-behaved, housebroken dogs into our pet-friendly properties. Even though we love all pets, we regret that we are unable to allow any animals other than dogs in our rental properties. Absolutely no cats are permitted in Carolina Mornings rental properties. For the purposes of this Agreement, the term “pet” is always used in reference to a dog.
2. Pet-friendly properties require a non-refundable pet fee (ranging from $0 to $300 plus applicable taxes) per pet, as noted in the property description, add-ons, and/or booking page. Any misrepresentation regarding the number of pets at the Property will be charged accordingly.
3. Pets are only permitted with prior approval—be sure to notify us if you are bringing a dog to one of our pet-friendly properties. If prior approval has not been authorized, and there is evidence of a pet having been at the Property, the penalty may include a $200 plus applicable taxes charge, immediate removal of the pet, and eviction from the Property with the forfeiture of all rental payments.
4. In the interest of protecting your dog, a leash should always be used when your dog is 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 law (including the City of Asheville) 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 owner’s expense, before being released to the owner.
5. 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.
6. For the safety of your dog, you should not leave Fido unattended outside the Property. It is best to always stay with your dog when outdoors and use a leash.
7. To better serve you and your furry family member, our Concierge Service can arrange for walking, grooming, and playing with your dog. 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, Inc. Concierge Service – 866.250.9181 (Toll Free).
8. 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, contact:
Regional Emergency Animal Care Hospital (R.E.A.C.H.)
677 Brevard Road, Asheville, NC 28806
Mon – Fri: open 5 p.m.-7 a.m.; Sat – Sun and holidays: open 24 hours.
Please call before arrival: 828.665.4399
9. Legal Disclaimer: Any damages to the Property or another person because of a pet will be the sole responsibility of the registered Tenant. Carolina Mornings, Inc. is not responsible for harm caused to any pet.