Élan Vacations Sample Lease
1) ACCOUNTING: ALL ADVANCE RENT PAYMENTS, BALANCES, AND SECURITY DEPOSITS ARE DEPOSITED IN ÉLAN VACATIONS’ INTEREST BEARING TRUST ACCOUNT AT COOPERATIVE BANK WITH ALL INTEREST ACCRUED PAYABLE TO ÉLANVACATIONS. ADVANCE RENT PAYMENTS,UP TO 50% OF TOTAL RENT, ARE DISBURSED TO PROPERTY OWNERS ON A MONTHLY BASIS IN ADVANCE OF OCCUPANCY. GUEST ACKNOWLEDGES THIS AND RELEASES ANY RIGHT FOR CIVIL SUIT AGAINST ÉLAN VACATIONS FOR ANY LOSS. ÉLAN VACATIONS MAY RECEIVE A FEE FROM OUTSIDE VENDORS FOR PROCURING OR PROVIDING ADDITIONAL GOODS AND SERVICES TO GUESTS INCLUDING, BUT NOT LIMITED TO TRIP INTERRUPTION INSURANCE.
2) ALL PAYMENTS: Return the signed lease with Advance Payment (one half of the base rent) and a $100 administration fee in U.S. funds only within seven (10) days of reservation date. If not returned by due date, reservation is automatically cancelled without further notice. Travel insurance is automatically included in the first payment amount due (see Paragraph 17). To decline travel insurance coverage Guest must deduct the amount from the Advance Payment due, strike through and initial the line item. No other contractual changes accepted. A receipt of payment will be sent to Leaseholder/Guest when payment and executed lease are received by Élan Vacations. This agreement shall be binding when Agent has received the signed lease, one half of the rental rate as advance rent, $100 Administration Fee and all checks have cleared the bank. Balance including NC sales and lodging tax (6.75%) and county taxes (totaling 6% for Currituck County and 5% for Dare County) and subject to change, security deposit, and any other charges are due 30 days prior to arrival. Acceptable forms of payment include personal checks, cashiers or certified check or money order. The prices quoted in our brochure and on our website are based on payments sent to us by mail or made in person. All payments must be paid in U.S. Funds.
3) ACCOMMODATIONS: Individually and privately owned, each rental home reflects the tastes of its owner(s). Each is equipped with basic housekeeping items and Élan's Standard Items List (see Paragraph 15): laundry, cleaning or paper products are not furnished. Linens and towels are furnished in all homes. Every effort is made to assure accurate descriptions with no misrepresentation intended. Substitutions and refunds will not be made upon arrival for any reason. Élan will not be held responsible for errors in printing, changes made by Owners or matters out of our control, e.g. noise, construction, weather, etc. Distances to the beach are approximate. Complaints regarding accommodations must be submitted in writing to Élan prior to checkout for submission to Landlord. Mobile/RV campers are not permitted hookup to utilities or as sleeping accommodations at any Élan rental homes. Some neighborhood covenants may prohibit them entirely.
4) AMENITIES: Neighborhoods with outdoor swimming pools can generally be expected to be available for use from Memorial Day thru the end of September, weather permitting. Homes with Private Pools afford pool use, weather permitting, from approximately mid-May through mid-October. Private pool and/or Hot Tub at each home is exclusive to that property and its Guests only. Trespassers will be prosecuted. Homes with wood-burning (firewood not included) and/or gas fireplaces are available October 1 - May 1 only. Amenities cannot be guaranteed and Élan Vacations will not be held responsible for any amenities which are closed for reasons out of our control.
5) CANCELLATIONS: Cancellation of a confirmed reservation is required in writing via mail or Fax prior to Check-in. Every effort is made to rebook the home.When the home is rebooked and confirmed with payment, all monies less paid travel insurance and administrative fee will be returned to the Leaseholder. If not rebooked, all monies are forfeited, excluding security deposit and taxes. A confirmed reservation that transfers to a different home is a cancellation with applicable cancellation policy.
6) DOGS: Dogs and/or any other types of pets are not permitted in any Élan rental home, with the exception of homes designated as “Pets Permitted” limited to two (2 domestic, housebroken, non-destructive adult dogs (no puppies) with a 50 pound weight limit each. Additional rules/restrictions may apply with some homes. The $75.00 non-refundable fee is applied to each reservation. Declare dogs at the time of making reservation. Dog(s) in or on the premises of non-pet homes is a non-negotiable breach of lease with grounds for immediate eviction without refund and without exception. Your visitors may not bring pets to the premises. Each township enforces a pet ordinance, which is subject to change, and most require dogs to be leashed at all times. If allergic be aware that some landlords bring pets of their own, some other than dogs. Please inquire prior to reserving.
7) GUEST OBLIGATIONS: (a) Reasonable and orderly conduct by all tenants in the leased residence with respect given to the terms of this lease, the property, the law and the neighbors; (b) Guest is responsible for damages as outlined under Security Deposits (see Paragraph 15); (c) Guest agrees to indemnify and save Agency and its employees, free and harmless from any liabilities for any loss or damage whatsoever arising from, related to, or in connection with rental of the premises, including, but not limited to, any claim or liability for personal injury or damage or loss of property which is made, incurred or sustained by Guest (leaseholder) or Guests of Guest except only such personal injury caused by the negligence or intentional acts of the Owner or his Agent; (d) Guest agrees to evacuate the premises if State or local authorities, acting pursuant to Article 36A of Chapter 14 or Artical 1 of chapter 166A of the North Carolina General Statutes, order a mandatory evacuation of an area that includes the leased premises, in which case Guest must take all possessions as re-entry cannot be guaranteed. Should any of the terms of this agreement be breached by Tenant, resulting in legal action on the part of the Agent or Owner against Guest(s) and Agent or Owner prevails in court or a settlement is reached, Agent and/or Owner shall be entitled to collect from Tenant all costs of said legal action including, but not limited to, reasonable attorney's fees.
8) LOST AND FOUND: Check thoroughly for your belongings upon departure. Élan Vacations is not responsible for your personal items. Recovered items will be held for 2 weeks only. We will return claimed items to you via Mailboxes Inc. and a credit card number is required. Items left unclaimed after 30 days will be donated to a local charity. FIREARMS/WEAPONS ARE PROHIBITED IN ALL HOMES AND IF FOUNDWILL BE TURNED OVER TO LOCAL LAW ENFORCEMENT.
9) NON-AVAILABILITY: Should the home confirmed by Guest become unavailable for any reason whatsoever, Agent will inform Guest when non-availability is absolutely certain, and prior to check-in whenever possible. Every attempt to relocate Guest to a comparable home will be made, unless Guest requests a full refund in which case all monies will be immediately refunded. Guest is responsible to pay any rental amount on a substitute rental home that exceeds the original reservation amount.
10) OCCUPANCY: The lease period begins at check-in on arrival date and ends at 9:00 AM on departure date with a rental rate based on seven (7) nights occupancy. Restricted solely to the specific number of occupants as described/advertised for each home (only babies sleeping in cribs not included in occupancy count). ALL RENTALS ARE TO FAMILY GROUPS ONLY. RESPONSIBLE ADULTS (NON-FAMILY - AGE 24 OR ABOVE) MUST HAVE PRIOR AGENT APPROVAL. Élan Vacations will not rent to anyone under age 24 (legal photo ID required upon request of Agent) and Leaseholder must be in occupancy of said unit during the entire lease period. Agent reserves the right to deny occupancy, evict and refuse refund to anyone at any time that appears to be detrimental to the property. Grounds for an Expedited Eviction Hearing (no sooner than 12 hours after service upon tenant and no later than 48 hours after such service) pursuant to Section 42A-24 of the North Carolina General Statutes shall include (a) holding over possession after tenancy has expired; (b) commission of a material breach of the terms of this agreement resulting in termination of tenancy; (c) failure to pay rent as required by this agreement; or (d) obtaining possession of the property by fraud or misrepresentation.
11) OUTDOOR GRILLING AND BEACH FIRES: Local fire ordinances prohibit grilling on decks or near structures due to fire hazards. Only built-in-grills with gas line burners are permitted on decks. No beach fires or fireworks are permitted.
12) POOL AND SPA RULES: An Élan home equipped with a private pool and/or spa requires that Guest(s) agree to follow these pool and spa rules: (a) Use amenities at your own risk and dial 911 for emergencies; (b) No diving, running or reckless play allowed; (c) Keep all gates and closures closed at all times; (d) Report all problems to Élan Vacations immediately; (e) Shower before using the amenity; (f) No swimming alone; supervise children at all times and do not leave them unattended; (g) Use all pool equipment for its intended purposes only; (h) No glass or glass containers around the amenities; (i) Do not add any chemicals or other agents to the pool or spa; (j) Replace spa and/or pool cover (where provided) when not in use; (k) Test the water temperature and depth before entering; (l)Anyone with health problems or a condition (such as high blood pressure or pregnancy) prohibiting usage should beware and consult a physician prior to use; (m) Avoid alcohol use with amenities; (n) Use of the amenities is limited to the actual leased occupants of the home; (o) Unsanitary condition(s) resulting from Guest's use requiring drastic measures such as water replacement, shock treatment, etc. is at Guest's expense and indulgence for time to render amenity usable; (p) Call Élan for service and do not attempt to operate any pool equipment including pump, vacuum, etc.
13) REPAIRS / RIGHT OF ENTRY / REFUNDS: Report all inoperative and/or missing equipment to Élan Vacations immediately. Service must be scheduled and may require parts to be ordered. Problems will be corrected as soon as humanly possible. Priority is given to air conditioners/heat, refrigeration, plumbing/septic, water or electrical problems. Agent or authorized employee or repairman, and landlord will have right of entry at any time. No refunds issued for delay of check-in or early check-out (for any reason), damage to Guests’ belongings due to malfunctioning equipment/appliances, discoloration of clothing due to chemical content of water, mechanical failures of appliances/electronics, interruption/loss of utilities (including
cable), or inclement weather including hurricanes or other acts of God. Landlord to provide fit and habitable premises per statute #42A-31.
14) SECURITY DEPOSIT / SECURITY DEPOSIT WAIVER: You have the option of paying a non-refundable security deposit waiver fee. The waiver fee covers accidental damage to your rental, with a limit of $1500. You will be responsible for any damage above that amount. The waiver does not cover intentional damage, damages resulting from non-compliance with the terms of this Agreement, or damages resulting from negligence of guest. You must complete a Report of Accidental Damages Form, which must be obtained from the rental office within 24 hours of incident, or your waiver is void, and you will be held responsible for any damages. See Details of the Security Deposit Waiver Plan included with this Agreement. OR You may decline the waiver fee in favor of a traditional security deposit by initialing the front of this agreement. If you choose to decline the security deposit waiver, a refundable
security deposit in the amount stated on the front of this agreement will be included in the charges on your reservation confirmation. Refundable security deposits are held in accordance with the Tenant Security Deposit Act and the Vacation Rental Act and are either returned in full within 45 days of departure or accounted for if there are charges to the security deposit.
15) STANDARD ITEMS LIST (SIL): Each rental home is equipped with the following items unless its brochure description states otherwise: beach chairs (5 minimum), barbecue grill (charcoal), blender, central air/heat, coffee maker, color cable televisions, VCR, deck furniture, dishwasher, dish towels, enclosed outside shower, fully equipped kitchen (accommodates the total occupancy number), ice maker or ice trays, microwave, pillows and blankets, stereo, telephone, toaster, vacuum, iron and ironing board, and washer/dryer.
16) TELEPHONE: Local calls from the leased premises are free; however, there may be an irremovable long distance block requiring a credit card to place calls. Unauthorized long distance charges via phone, fax, or computer entail cost of charges plus a $20.00 fee.
17) TRAVEL INSURANCE: Travel protection (see enclosed brochure) is collected in advance and is automatically added to the first Advance Rent Payment Due amount and paid to the insurance agency on a monthly basis. Travel insurance is calculated on a percentage of the total trip cost less security deposit and coverage becomes effective 24 hours following receipt of payment by Elan Vacations. Insurance is strongly recommended in that failure to obtain some may result in failure to recover your vacation financial investment due to elements, accident, hurricane evacuations and other acts of God. (See paragraph 14.) Travel insurance is available to guests residing in North America for at least six (6) months out of the year. To decline coverage, please do all of the following: (a) strike through the line item; (b) initial in the space provided; and (c) deduct that line item amount when making your advance payment for rent.
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*This document and pdf versions contain the entire agreement between the parties and may not be amended except by document executed with the same formality as this document. Thank you for choosing Élan Vacations to assist with your vacation needs and for your kind regard to all terms of this agreement.
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