*A Damage waiver insurance with a cleaning deposit is now available as an alternative to the Security Deposit. The rate is $39.00+ $100.00  *B Some rental properties have a $100.00 pet fee

Taxes: The base rent, the processing fee, ($75.00) and the pet fee ($85.00 for 1 pet) are taxed at 12.75% effective 9/1/2009. Vacation insurance is not taxed. The security deposit is not taxed, however; any deductions from the security deposit due to damages or extra expenses as detailed below will be treated as rents and taxed at the current rate . Vacation Insurance is highly recommended but strictly optional. Vacation insurance can not be purchased after making either a final payment or a payment in full. Vacation insurance coverage can not be purchased for any existing named storm.

Advance Payment: Equals 1/2 the base rent + the  processing fee ($75.00 per week) + the vacation insurance. The advance payment is due within 5 business days of making your reservation. Remember! read the Lease: The full Lease is available for review below. When the advance payment is received we will send a copy(s) of the lease. The lease is a vacation rental agreement under the North Carolina Vacation Rental Act. The rights and obligations of the parties to this agreement are defined by law and include unique provisions permitting the disbursement of rent prior to Tenancy and the Expedited Eviction of tenants. Your signature on this agreement, or payment of money, or taking possession of the property after receipt of this agreement, is evidence of your acceptance of the agreement and your intent to use the property for a Vacation Rental.

Final Payment: Equals the second 1/2 of the base rent + the taxes (current rate: 12.75%) + the security deposit or damage waiver + cleaning deposit (usually $350.00) + the pet fee  ($85.00 for 1 pet) (if applicable). This payment is due no later than 30 days before check-in. * Some rental properties have a $100.00 pet fee

Multiple Payments:  Other than the advance payment and final payment listed above are not permitted without payment of an additional processing fee of $35.00 per payment.

Security Deposits: Are returned within 45 days of check-out. (usually within 30 days) Damage waiver insurance with cleaning deposit is now available as an alternative to the Security Deposit. The rate is $39.00+ $100.00

Cancellations and Alterations: All cancellations must be in writing and must be received on or before the rental check-in date for valid vacation insurance claims. There is a $100.00 fee for Cancellations (and associated refunds) and/or transfers when permitted. There will be a $50.00 fee for stopping payment and re-issuing security deposit refund checks. There is a $35.00 fee for changes or alterations to a lease requested by a tenant, re-issuing leases or copying leases to different addresses or other unusual procedures requested or necessitated by changes to the original lease made by tenants.  The Full lease is available for review below. There is a $35.00 fee for the cancellation or refund of Pet Fee(s). Vacation Insurance premiums cannot be refunded.  All fees incur the applicable tax .

GROUP TYPE: Non- Family Groups: Properties will not be rented to non-family groups made up of unmarried young adults, high school students, college students or any other group-type situation not comprised of responsible adults at least 25 years of age. Cola Vaughan Realty has a legal right and contractual obligation to have premises immediately vacated that have been reserved by non-family groups without refund of rents and associated fees and to further impose ( as permitted by Article 6, Chapter 42 of the North Carolina General Statutes Residential Tenant Security Deposit Act. ), appropriate penalties. NC Gen. Stat. 14-100 makes it a crime to obtain any rental unit under false pretenses.

Credit Card Payments

 Cola Vaughan Realty is now using Vacation Rent Payment to process all credit card payments.
Vacation Rent Payment is a secure processing site that is designed to accept credit card payments for the vacation rental industry. There is $24.95 convenience fee charged for using their service.

Vacation Insurance

Vacation insurance provides coverage for the following:

1. Evacuations ordered by the civil authorities due to dangerous weather. You are insured for the time you are delayed from entering the rental or ordered away from the property. The insurance also pays for the remainder of the vacation AFTER an evacuation order is lifted if that period is less than 2 full days.

2. Injury of illness preventing or delaying travel.

3. Family crisis involving the hospitalization or death of an immediate family member ( Not limited to members of the vacationing group but any immediate relative. ) 

4. Travel cancellations or delays by carriers (airlines) or due to disasters (road closure etc.)

5. Coverage is provided for any delayed or missed portion of the trip; not just the entire trip. For example if travel were delayed by a single day by a child's illness the 6.5% cost of the insurance would be more than doubled by the reimbursement for the missed day of vacation.

6. Vacation Insurance is highly recommended but strictly optional. Vacation insurance can not be purchased after making either a final payment or a payment in full. Vacation insurance coverage can not be purchased for any existing named storm.

7. All cancellations must be in writing and must be received on or before the rental check-in date for valid vacation insurance claims.

Things to Remember

KITCHEN - EQUIPMENT: Kitchens are thoroughly equipped. 

LINENS:  Sheets, towels and pillow-cases) are not provided. Cool Season rentals might want to bring extra blankets/quilts, as these cottages are not necessarily equipped with heavier bed covers for cold weather. Linens can also be rented from Ocean Atlantic Rentals (252) 441-7823 or (800) 635-9559. Ocean Atlantic  www.oar-nc.com  also rents all types of useful equipment like cribs, playpens, electronics and every conceivable type of “beach” gear (umbrellas……etc) Paper products, toilet items, detergents, trash bags, and condiments are also not provided. 

REMEMBER:  Bring or rent linens, Other items not supplied include paper products (toilet paper, paper towels, etc.), laundry soaps and dishwasher detergent, personal toiletries (shampoo etc.) and Condiments (like sugar, salt & pepper, etc.) We recommend you purchase these after arrival.  

What to do When You Arrive

CHECK-IN:  Pre-Paid groups check-in directly at the cottage after 3:00 PM. The cottage will be opened by an inspector and ready for you to occupy. Remember to download directions from our website; www.obxcola.com by opening the directions link found on the "floor-plan" page for your rental. On rare occasions we need extra time for maintenance and / or cleaning which can result in a delayed check -in time (as late as 5:00 pm) Checking in before 3:00 PM can result in Security Deposit Deductions or Service Charges. 

CHECK-OUT: BEFORE 10:00 AM: Late Check-Outs may be charged Security Deposit Deductions!    

GROUP SIZE: May not exceed the stated capacity of the cottage. Occupancy limits are determined by the Health Department of the State of NC and occupying a cottage with a group of adults or larger children in excess of the Stated Capacity is prohibited.  We reserve the right to refuse occupancy or evict groups that exceed cottage’s occupancy limits.

SMOKING: Smoking of tobacco products in the interior of every cottage in our rental program unless specifically stated in  the description of the cottage on this site is not allowed and will result in security deposit deductions or forfeiture to cover necessary costs for special cleaning.

During Your Visit

ERRORS, OMISSIONS & TYPOGRAPHICAL MISTAKES:  While every effort has been made by Cola Vaughan Realty, errors in price and description may occur in our postings. We can not be responsible for posting errors or changes made by owners after their information is posted. Our staff will be most happy to answer any questions you may have to insure an enjoyable vacation rental. 

EQUIPMENT PROBLEMS:   We try hard to insure the equipment in our rental cottages is in good working order.  When things do fail, we make repairs or replacements as soon as possible.  Please let us know immediately when you encounter problems.  We cannot guarantee against equipment failure, utility interruptions, maintenance problems, inclement weather or early departure.  Unnecessary service calls may be deducted from your security deposit.

EVACUATION:  As per the terms of your lease evacuation orders must be complied with promptly.

MESSAGES:  We cannot accept or deliver messages.  We will gladly assist in making communication arrangements in advance of your vacation.  

LOCK-OUTS:  There will be a $60.00 charge to re-open cottages during business hours.  $90.00 -5:00 PM -11:00 PM (After11:00 PM CALL A LOCKSMITH!)  We strongly recommend you keep a key on the premises!  We furnish 2 key sets per group.  Extra keys are $25.00 per set.

CHECK-OUT: 10:00 AM!!  Inspections are scheduled to begin at 10:00 AM. We do an inspection and inventory of each cottage between rentals and must begin on time!  Late Check-Outs will face Security Deposit Deductions!

Security or Cleaning Deposits & Check-Out Procedures

 We cannot provide clean, comfortable cottages for your enjoyment without a certain level of tenant cooperation. Please make every effort to keep your cottage clean. Report any damages or maintenance issues as soon as they are discovered. A security deposit is collected to insure against damages. Security Deposit deductions are considered additional Rent and taxed at the current rate. Additionally, all or part of your security deposit may be withheld if the following minimum check-out requirements are not met.

·   Vacuum and/or sweep floors. The # 1 cause for withheld Security Deposits is floors that have not been vacuumed/swept/cleaned.

· Keep your pets off the furniture & beds and out of un-occupied bedrooms. Pet hair on furniture and beds is the #2 reason for Security Deposit Deductions. You might consider bringing an old sheet or spread to cover the furniture/sofas if your pet likes to share that space with you.

.  The 2 sets of keys and the "Rip Tide" DVD must be in the cottage notebook.

·  Please empty refrigerators and cabinets of all spoilable or used items.

·  Empty all trashcans and roll trash carts to the street. Extra trash beyond the capacity of the cart must be disposed of by the renter or you will be subject to Security Deposit Deductions.

·  Replace mattress pads, comforters and all pillows on beds to put the bed back together or "re-make" the bed.

·  Close and lock all windows and blinds. Not closing & locking windows can result in Security Deposit deductions!

·  Lock all doors and leave both keys inside the cottage in the notebook. It is not necessary to return the keys to our office.

·   Set thermostat to 76 degrees in hot summer weather, 55 degrees in cool wintry weather, or off in mild spring or fall weather where freezing or 80+ degree weather is unlikely.

.   No Smoking inside cottages!  This will result in security deposit deductions or forfeiture of entire deposit!

Our Cottage inspectors use an inspection form that lists the 11 items above. You will be charged for not complying with any one of these 11 simple items.

If you check out late, leave the cottage dirty, or the trash carts overflowing ( even if the cottage is otherwise un-damaged) You will face likely deductions from your Security Deposit.  If the above conditions are met and there are no damages; your security deposit will be refunded within 45 days of check - out. Thank you again for your reservation and have a safe and enjoyable stay on North Carolina’s Outer Banks.  

Pets & Security Deposits

We go out of our way to encourage our cottage owners to allow you to vacation on the Outer Banks with your pets. Please help us continue our efforts to offer clean, comfortable pet friendly cottages, by carefully observing the following practices.

Do not leave your pet unattended. Your pet will be in an unfamiliar situation and may behave differently. We strongly recommend pet crates for situations when pets are alone. Pets left tied outside on decks etc. tend to howl and chew & are evidently extremely nervous. If you must leave your pet un-attended; a confined, darkened location like a utility room seems to be more comforting. Don’t try the bathroom! The chewing/scratching behavior of nervous, un-attended pets can be very expensive to repair.   

Keep your pets off the furniture & beds and out of un-occupied bedrooms. Keep those bedroom doors closed. You might consider bringing an old sheet or spread to cover the furniture/sofas if your pet likes to share that space with you.

Pets on the Beach

1. Nags Head: allows pets on the beach and other public areas on a leash. Owners are required to clean up after their pets and this is critically important on the beach.

2. Kill Devil Hills: Allows pets on the beach before 9:00 AM and after 6:00 PM from May 15^th to September 15^th.

3. Kitty Hawk: allows pets on the beach with a leash. A permit ( issued "on the spot" ) may be required at no cost. You must have proof of current rabies vaccination ( up-to-date tag ). Dogs are allowed on the beach from 6:00 a.m. to 9:00 a.m. and from 6:00 p.m. to 9:00 p.m. daily in Kitty Hawk and may not be on the beach at other times from the Sunday before Memorial Day through Labor Day.

4. Southern Shores: does not allow pets on the beach.

Practical Advice

We recommend your pets be treated with a product such as “one spot” or “program”.  Because of the many parks, wildlife refuges and other natural areas on the Outer Banks we have lots of wildlife such as rabbits and deer which means we have a robust population of ticks out there “in the bush”. Be prepared!

Our warm climate and sandy terrain seems to keep fleas alive year ‘round. Again be prepared!

LEASE AGREEMENT 

1.  Disbursement of Rent and Third Party Fees:  Tenant authorizes Agent to disburse up to fifty percent (5O%) of the rent set forth in paragraph 3 above to the owner (or as the owner directs) 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 pursuant to the North Carolina Vacation Rental Act. Tenant agrees to pay a $35.00 processing fee for any change or alteration to the terms or conditions of this lease requested by Tenant. Tenant agrees to pay a $35.00 processing fee for any check of Tenant that may be returned by the financial institution due to insufficient funds or because Tenant did not have an account at the financial institution. Tenant also authorizes Agent 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.

2. Security Deposit. Any security deposit provided for in Paragraph 4 above may be applied to actual damages caused by Tenant as permitted under the Tenant Security Deposit Act. In addition, pursuant to the North Carolina Vacation Rental Act, 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. Tenant is responsible for returning the premises to the agent in good condition as described in the Security Deposits and Check Out Procedures Addendum attached to this document and incorporated herein by reference. Security Deposit deductions are considered to be additional Rents and subject to the full Occupancy Tax.

3. Trust Account. Any advance payment made by Tenant shall be deposited in a trust account with Gateway Bank, 2808 S. Croatan, Nags Head, 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, and shall be paid to, the owner (or as the owner directs) as it accrues and as often as is permitted by the terms of the account. Vaughan Properties Inc. Rental Trust Accounts are interest bearing.        

4. Processing fees. Pursuant to N.C.G.S. Section 42A-11.  Agent charges a processing fee reasonably calculated to cover the costs of processing, transfer or cancellation of a reservation.  These processing fees are as follows: Processing Application: $75.00, Transfer Change or Amend Application: $100.00, Cancellation of Application: $100.00, reissue Lease: $35.00.

5. Tenant Duties.  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; and notifying Agent in writing of the need of replacement of or repairs to a smoke detector, and replacing the batteries as needed during the tenancy. Tenant agrees not to use the Premises for any activity or purpose that violates any criminal law or governmental regulation. Tenant's breach of any duty contained in this paragraph shall be considered material, and shall result in the termination of Tenant's tenancy.

6. Agent Duties. Agent 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 any brokerage activities in regard to this Agreement without respect to the race, color, religion, sex, national origin, handicap or familial status of any Tenant.

7.  Cancellation.  All cancellations must be in writing and must be received on or before the rental check-in date for valid vacation insurance claims. In the event of cancellation by the Tenant, Tenant shall receive a refund of all payments made by Tenant ( excepting the Reservation Processing fee and tax ($75.00 + tax) and any vacation or damage waiver insurance premiums paid are not refundable), less an administrative fee of $100.00+ tax, 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. Transfer of reservation by Tenant may be permitted with an administrative fee of $100.00.

8. Transfer of Premises.

(1) If the owner 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 10 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.

(2) Upon termination of the owner's interest in the Premises, whether by sale, assignment, death, appointment of a receiver or otherwise, the owner, owner's agent, or real estate agent is required to transfer all advance rent paid by Tenant (and other fees owed to third parties not already lawfully disbursed) to the owner'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 owner'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.

(3) If the owner'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.

9. Mandatory Evacuation. 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 for each night that Tenant is unable to occupy the Premises because of the order. However, Tenant win not be entitled to a refund if, prior to taking possession of the Premises: (I) Tenant refused insurance offered by Agent that would have compensated Tenant for losses or damages resulting from loss of use of the Premises due to a mandatory evacuation order, or (ii) Tenant purchased such insurance from Agent. Insurance purchased by Tenant may not be subsequently cancelled or refunded by this Agency. Please refer to your policy for instructions on refunds due to a cancellation.

11. Non-Family Groups. Properties will not be rented to non-family groups made up of unmarried young adults, high school students, college students or any other group-type situation not comprised of responsible adults at least 25 years of age. Cola Vaughan Realty has a legal right and contractual obligation to have premises immediately vacated that have been reserved by non-family groups without refund of rents and associated fees and to further impose ( as permitted by Article 6, Chapter 42 of the North Carolina General Statutes Residential Tenant Security Deposit Act. ), appropriate penalties. NC Gen. Stat. 14-100 makes it a crime to obtain any rental unit under false pretenses.

12. 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.

13. Indemnification and Hold Harmless; Right of Entry; Assignment. Tenant agrees to indemnify and hold harmless Agent and the owner from and 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 owner, or the failure of Agent or the owner to comply with the Vacation Rental Act. Tenant agrees that Agent, the owner 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 or owner 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.

14.  Pets. Unless otherwise specifically permitted in this Agreement (including any addendum hereto), 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. The “Pet Addendum” must be completed and signed to complete this agreement.

15. Other Terms and Conditions: There is an administrative fee for any changes to the lease after confirmation.

16. Addenda. Any addenda to this Agreement are described in the following space and attached hereto: The Pet Addendum, Non-Family Addendum and Security Deposit conditions are attached and integrated to this document. Tenant agrees that Tenant has received and read any such addenda, and that they shall constitute an integral part of this Agreement.

In Witness Whereof:  this agreement is executed, in two counterparts with an executed counterpart being retained by each party hereto.