Rental Rules: By booking on this site, Guest agrees to abide by the Rental Rules at all times while at the property and shall cause all members of the rental party and anyone else Guest permits on the property to abide by the following rules at all times while at the property.
Access
Guest shall allow Homeowner access to the property for purposes of repair and inspection. Homeowner shall exercise this right of access in a reasonable manner.
Cleaning & Linen Service Policy
The home is provided with pillows, linens, blankets, towels, kitchen towels, comforters, hand towels (1 per bathroom) and bath towels & washcloths (1 per registered guest). A cleaning service to clean the house and linens on your departure is included on your invoice. You are responsible to ensure that all debris, rubbish and discards are placed in plastic bags and transferred to the large trash cans by the road upon departure, and soiled dishes and cooking utensils are cleaned and returned to their proper location. Linens, blankets, pillows, bedspreads, comforters and towels are provided. It is standard for beds (except bunk beds are not fully made) to be made for Guests arrival as part of the linen and cleaning service.
The home is provided with a starter set of toilet paper & paper towels. Owners do not guarantee that these extra items will always be available and guests may need to replenish their own paper goods, toiletries, & laundry detergent, etc.
CONDITION OF PROPERTY
Owners have, to the best of their ability, given an accurate description of the property and its condition. Guest understands that it is considered as reserved "sight unseen". Our cleaning staff will have cleaned it before your occupancy. All electrical, plumbing and appliances should be in working order. The failures of operation of certain extra amenities, such as TVs, cable, games, or the Internet and WiFi service are not a basis for any refund. Owner will make every effort to have these items repaired but does not guarantee that they will be repaired during Guests occupancy. If the premises appear dirty or damaged upon check-in, Guest shall inform Homeowner immediately. Guests must inform owners within 2 hours of check-in for a free follow-up clean. Guests must provide time-stamped photos of any unclean areas or other items of concern in order to receive a free follow-up clean. We will do our best to have tradesmen attend to the problems but may not be able to fix everything over holidays and weekends. Under no circumstances will any of the rental money be refunded or returned because of the condition of the house. The Guest agrees to hold the Owner harmless from any liability for the condition of the house. Due to the nature of beach properties, the sand, stairs, decks and concrete are not always stable. Use at your own risk.
CLEANING & REPAIRS
All homes have cleaning included in the total rent. Please note that cleaning does not include dishes & cooking utensils. If additional cleaning is required after you leave, it will be charged to your credit card. Guest agrees to keep house, furniture and furnishings in good order. Removing, adding or changing furniture without Owner’s written approval shall be deemed a material breach of this Rental Agreement, and is strictly prohibited. Guest is responsible for cost of replacement of any damage to furniture or premises and replacement of missing items. Under no circumstances can any furnishing or linen be taken outside onto the beach with the exception of those items specifically mentioned in paragraph 8.
ENTRY OF PREMISES
With Guest’s permission, which is hereby given, Owner or Owner’s representative may enter the premises during reasonable daylight hours without securing prior permission from Guest, but shall give Guest notice of such entry immediately prior if possible and immediately thereafter. For inventory and maintenance purposes a property management employee of the Owner may need to enter the premises. The same permission procedure applies as above. In any emergency, Owner or Owner’s servicing agents may enter the premises at any time without permission of Guest for the purposes of making repairs to alleviate such emergency. If Guest abandons or vacates premises, Owner may, at his option, terminate this agreement, re-enter the premises and remove all Guest's property.
CANCELLATION POLICY
If Guest wishes to cancel his/her reservation, the total due will be refunded as follows:
We provide a 48 hour grace period in which a guest may cancel their reservation after booking. No refunds will be given for any cancellations after this 48 hour period. Guest is responsible to obtain travel insurance for any reason.
HURRICANES & TROPICAL STORMS - There are NO REFUNDS for hurricanes, tropical storms or weather conditions, even if a mandatory evacuation is ordered (Renter may obtain optional travel insurance through a third party. Renter ASSUMES THE RISK without the purchase of a travel insurance policy).
TRAVEL INSURANCE
We encourage all renters to purchase traveler insurance. Traveler insurance is not required to rent Dolphin Daze. We do not provide any refunds for cancellations after 48 hours of booking under any circumstances. Protection and Insurance is offered by online sites such as HomeAway and VRBO during the checkout procedure. You can also compare with: www.insuremytrip.com, www.travelguard.com or any other insurance provider of your choice. Select a policy that meets and covers unexpected events to protect your personal goals and needs. We do not promote or endorse any particular coverage. We are not insurance agents nor licensed to sell insurance. Vacation Rental Insurance reimburses for the pre-paid, non-refundable expenses due to certain unforeseeable circumstances that may jeopardize your vacation and force you to incur unplanned expenses including but not limited to weather changes and other Acts of God, illness, injury, financial changes, etc. We strongly recommend you purchase this valuable protection.
ACCIDENTAL DAMAGE INSURANCE
Renters will be completely responsible for any and all damage to the home or property caused by Renters, whether accidental or due to Renters negligence. However, Renters understand that they may procure an accidental damage rental policy providing up to $5,000 in accidental damage protection provided Renters notify the owner and assist the owner in making a claim. Renters understand that Renters are responsible for damage beyond the coverage provided by the accidental damage insurance. Renters are also responsible for damage that would have been covered by the accidental damage insurance if Renters fail to advise the Owner of the damage and provide the necessary information that would allow the Owner to file a claim against the policy.
USE OF EXTRAS
Renters will furnish their own beach towels, beach chairs and beach shades (EZUPs, umbrellas, etc.). However, the owner makes available extra towels and linens to handle unusual circumstances or needs including a few beach towels. If Renters use any of these items they will wash, dry and return them to their prior location or Renters will be assessed a cleaning fee of $50.00. Any unused beds will be left as found. Leave used beds unmade and used towels on the floor by the washer and dryer.
QUIET HOURS
Guests should not create excessive noise at a level that disturbs the neighbors; Code-enforced neighborhood quiet hours are from 10:00 pm to 8:00 am.
ASSUMPTION OF RISK
No lifeguard may be on duty. Accordingly, persons using the beach do so at their own risk and the owner assumes no responsibility for accident or injury. No one should swim alone. Renters will hold the Owners harmless from any and all bodily injury and/or property damage incurred on the property arising out of Renters' negligent acts or omissions. See disclaimer below.
CHILD PROOFING
Guest understands that no special efforts have been made to “childproof” this house, and accept the risk or harm to any children we allow on the property. These risks are not limited to, but include access to the ocean, pool, adjacent street, cleaning supplies in the house and plants in the house, patio and on the street, that might be poisonous if ingested.
FURNITURE
All furniture must be returned to its original location on Guest's departure or an additional charge will be made.
MISSING ITEMS
Renters will be charged for any missing items reasonably attributable to Renters and not returned after notification. The cleaning service performs an inventory/survey of the property after Guests depart and notifies the Owner of any missing items. Owner will notify guests in the event that items were inadvertently taken, and provide guests the opportunity to return the missing items.
USE OF SECURITY CAMERAS
Renters understand and accept that the property is protected with outside security cameras. These cameras are used to protect the property from potential break-ins and theft. There are NO cameras inside the house.
PERSONAL PROPERTY
Guest understands that any personal property of and used by Guest is not insured by Owner and Owner shall not be responsible for any lost, stolen or missing property of the Guest or property of Guest left after check out.
KEYS
Lost keys will incur replacement costs of $25.
WATER AND SEPTIC
The property is on a well and septic system. The mineral content in the water is high. During a drought, the well water may have an odor. The septic system is very effective; however, it will clog up if improper material is flushed. DO NOT flush anything other than toilet paper. NO feminine products should be flushed at ANY time. If it is found that feminine products have been flushed and clog the septic system, you could be charged damages of up to $200
BEACH CONDITION
Guest understands that Owner has no control over the condition of the beach and cannot be held liable for any changes to beach conditions or any closing as ordered by any official agency.
NO PARTIES
This is not a party house. The Renter must be 25 years of age to book this Vacation Rental. Any special occasions such as weddings, receptions, family reunions or increase of occupants (guests not registered on registration form) must be disclosed at the time the reservation is made and is subject to Owner's advanced approval. Prom parties, fraternity or sorority parties and graduation parties are not allowed at any time. Adults cannot rent property on behalf of underage guests, no exception.
NON-SMOKING
This is a NON-SMOKING vacation rental. Evidence of smoking, such as the smell of cigarette or cigar smoke inside the home by the cleaning crew is sufficient basis to charge the renter for smoke cleanup and removal from carpeting, AC ducts & filters and furniture. This type of clean up is expensive and Renter is Liable for the deep cleaning Costs incurred. Smoking is allowed outside only. All cigarette butts must be disposed of in a fire-safe container. They must NOT be thrown on the dunes, beach, porch or driveway. Severe fines may occur if cigarettes are found on the premises.
PET POLICY AND FEES
PETS are permitted only with prior approval. There is a $100/pet fee with a maximum of 2 pets. Under no circumstances and at no time should pets be allowed on the furniture or in the carpeted areas of the house, including but not limited to, the bedrooms, stairwells or upstairs hallways. Pets MUST ALWAYS be crated if left unattended in the home. Owner will provide one dog kennel for Guest’s use, which must be properly cleaned and returned to the first floor closet upon departure. Owner will also provide, upon request of the guest, a dog leash for the porch, and extra sheets to cover the sofa, that Guest is welcome to use during visit. These items must be cleaned and returned to the first floor laundry shelf above the washer upon departure. Please note that these extra pet items are NOT covered by the cleaning fee. Failure to adhere to these rules may result in an additional fine and the cost of remediation, repair or cleaning.
MAXIMUM OCCUPANCY
17 adults or 18 provided that at least one of the Guests are under 1 years of age. Beds are only provided for 17.
PARKING
Parking is limited to 6 vehicles. Vehicles are to be parked in designated parking areas only. Parking on the road is not permitted. Any illegally parked cars are subject to towing; applicable fines/towing fees are the sole responsibility of the vehicle owner. All renters must park on the right side of the driveway or under the house at 3940, and must not block the parking or access to 3942 (the adjoining property).
SUBLETTING
Guest is not authorized to let or sublet all or any part of the premises nor assign the lease or any interest in it without the prior written consent of the Owner.
CHECK-IN & CHECKOUT
Check-in is at 4:00 PM and checkout is 10:00 AM. A late checkout is subject to extra rental charges at the rate of $100/hour after a grace period of 30 minutes. Guests may arrange for extra nights in advance to avoid any late checkout fees. Extra nights are charged at the daily rate and may be granted if available. If Guests are not present when cleaning crews arrive and have left their possessions in the house, cleaning crews will collect their possessions and remove them from the premises in order to prepare the unit for incoming guests and Guest will be charged $150 for this service. PLEASE checkout promptly, the cleaning crews have a very short time window to prepare the unit for new guests.
CHECK-OUT PROCEDURES
Renters are responsible to complete the check-out procedures in the provided guest package that includes a check out list and to insure that the keys are placed back in lock box and the home is left in as-good or better condition than when it was found.
HOLDING OVER
Because of the nature of Owner's business (short term winter and summer recreational rentals) Guest understands, and is hereby put on notice that any unauthorized "holding over" of the property past the stated rental period could severely jeopardize Owner’s business and cause loss of rental income from other previously booked guests, temporary and/or permanent loss of business, goodwill and reputation and, among other things, could force Owner to breach an agreement with similar short term summer and winter recreational Guest(s) who may have reservations during Guest's unauthorized "holding over" period. In the event, Owner may be legally liable in damages to said other guests. Guests should be aware that unauthorized "holding over" has been construed as a factor in establishing "malicious continuing occupation" of rental property, which may entitle Owner to treble damages in any unlawful detained action. Guest also recognizes the unauthorized "holding over" could be grounds in court as a cause of action for intentionally interfering with Owner’s prospective business advantage. In addition, we will charge $100.00 an hour past 10:30 a.m. on day of check out.
RELATIONSHIP OF PARTIES
It is specifically agreed and understood that the relationship between the parties herein shall be deemed to be of proprietor and lodger or Guest as opposed to a relationship of landlord/tenant. Guest specifically waives and make inapplicable to this lodging the provisions of North Carolina landlord/tenant Law.
REMEDIES
In the event of a default to the Rental Agreement, particularly, but not limited to Guests unauthorized "holding over" or those acts mentioned above in this agreement, and in addition to all other rights and remedies Owner may have at law, Owner shall have the option, upon written notice or as the Law may hereinafter provide, Owner may immediately re-enter and remove all persons and property from premises. In such an instance, the Rental Agreement will be terminated, and Owner shall be entitled to otherwise recover all damages allowable under the Law. The Guest, as part of the considerations of this special rental, in recognition that this property is booked in advance by other Guests throughout the year, hereby waives all claims for damages that might be caused by Owner; re-entry and taking possession of premises or removing or storing property as herein provided, and will hold Owner harmless from loss, costs and damages occasioned thereof, and no such re-entry shall be considered or construed to be a forcible entry as defined in the North Carolina Code of Civil Procedure or other similar statutory provisions. Further, if for any reason Owner is unable to deliver possession of the premises to Guest at the commencement of the term specified in the Rental Agreement, Owner shall refund amounts paid by Guest, but shall not be liable for any other damages caused thereby.
ATTORNEYS FEE/DEFAULT
If any legal action or proceeding (including default, non payments, etc.) arising out of or related to this Rental Agreement is brought by either party to this Rental Agreement, the prevailing party shall be entitled to receive from the other party, in addition to all other relief that may be granted, the reasonable attorney's fees, costs and expenses incurred in the action or proceeding by the prevailing party.
INDEMNIFICATION
Guest agrees to indemnify and hold harmless Owner for any liability arising before termination of this Rental Agreement for personal injuries or property damage caused by the negligent, willful or intentional conduct of Guest(s). This indemnification agreement does not waive Owner's duty of care to prevent personal injury or property damage when that duty is imposed by law.
PRIOR AGREEMENTS
No prior agreement or understanding not contained in writing herein shall be effective. Furthermore, Owner, other than what is specifically written and set forth herein, makes no other or further representation regarding the nature, character and quality of the premises to be rented, and no representation shall be deemed to exist or be material unless and until it is reduced to a writing and signed by the parties. This Rental Agreement may be modified in writing only, and must be signed by the parties in interest at the time of the modification. It constitutes the entire agreement of the parties. If any provision in this contract held by any court to be invalid, void or unenforceable, the remaining provisions shall never the less continue in full force.
FORUM SELECTION, JURISDICTION, LAW AND VENUE
The parties agree to the exclusive jurisdiction and venue of the District Court of the State of North Carolina for New Hanover County and/or Municipal court for the city of Wrightsville Beach for the resolution of all disputes arising under this Agreement. The sole and exclusive venue (i.e. place where lawsuit may be filed) for any legal proceedings shall be in the County of New Hanover county, North Carolina. Guest expressly waives any other right or privilege with respect to the election of venue or court (i.e. state or federal) and location of the venue of action. GOVERNING LAW – It is expressly agreed that this Agreement shall be governed and construed by the laws of the State of North Carolina only, irrespective of the state of residency of Guest.
Disclaimer:
Renters understand that the Homeowners are not responsible for any personal injury caused by slipping on wet pavement or surfaces, and that tenants are responsible for exercising care when surfaces are wet or slippery due to weather or use of hoses to wash down areas, and further, that the homeowners are not responsible for any personal injury or loss or damage to tenants’ property caused directly or indirectly from foul, inclement weather conditions, Acts of God or nature, failure of heat, accidents related to fire, heaters, stoves, tenants’ failure to take adequate precautions around wet areas or known damaged areas of the deck, or any unforeseeable circumstances. Under no circumstances will Tenants or their guests hold the Owners of the Vacation Rental responsible for any damages or claims of any kind resulting from their stay, except for intentional acts of harm. This agreement and disclaimer applies to Renters and all guests in the Renters’ party.
The parties agree to the terms of this Short Term Rental Agreement; Renter also assumes responsibility for acquiring or not acquiring Trip Cancellation Insurance as evidenced by booking on this site.