Reservations
It's never too early! Make your
2009 Reservations no
Save
Money!
Most
of our rental cottages will honor the 2008 rate for 2009 reservations made
prior to October 1, 2008.
Get
the Property and Dates for want Now!
The
Advance Deposit of only $100.00 per week places a lock on the time and property
you want.
.
Reserve Now and Pay later!
The
Advance Deposit will hold the property you want until December 1st
2008, giving you time to plan and budget your advance payment for
your 2009 Vacation.
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How to Make an Advance Reservation
You
may email
the form below to notify us of your interest; but
to have your request recorded and reserved you must mail it; attaching a personal check or electing to have
an existing security
deposit currently in our Trust account converted to an advance deposit.
Confirmation
of Your Advance Deposit
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We will return a receipt of your Advance Deposit immediately.
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Your Advance Deposit will be deposited in our Trust Account with Gateway Bank & Trust of Nags Head.
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You will be informed in writing of the availability of the week(s) requested by October 15th of this year (2008).
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Upon confirmation you will have until December 1st 2008 to submit the balance of your Advance Payment (equal to 50% of
Confirmation
Priorities
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The Owner of the cottage may reserve the weeks they wish.
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Requests submitted earlier have priority over later requests.
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Multiple week requests have priority over single weeks.
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There will be a $65.00 fee (Processing Fee) charged for all advance deposits. This fee will be credited as your Processing Fee for your 2009 reservation at the time of your Advance Payment and therefore does not constitute an extra fee or charge for this service However;
in the event of the cancellation by the Renter of any week requested and available prior to the due date for the advance payment, the $65.00 processing fee plus current tax will be charged and the balance of advance deposit returned or credited to the Renter.
If the week requested is available, and the reservation is not cancelled prior to the advance payment due date of December 1st 2008; the entire advance deposit of $100.00 will be forfeit as a cancellation fee.
Should the week requested (or a suitable substitute approved by the Renter) not be available; the full Advance Deposit of $100.00 will be refunded.
Reservation Form
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 not 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: $65.00, 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. 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 ($65.00 + tax) and
any trip 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.