Landmark Vacation Rentals Guest Policies
The Tenant who is the responsible party for the reservation will receive the formal version of this agreement via email, from Landmark Vacations, LLC for electronic signature. If you do not receive the Vacation Rental Agreement via email after booking, please contact us at (910) 928-0055 or email us at email@example.com. The following is an abbreviated version of the Vacation Rental Agreement that highlights certain policies.
Age of Responsible Party
Tenant represents that they are 25 years old or older and that, as the responsible party for this reservation, they will be present at the Property the duration of the reserved stay. Landmark Vacations, LLC does not rent to Tenants under 25 years of age.
Landmark Vacations, LLC accepts Visa, MasterCard, Discover, American Express through its online booking platforms only. Landmark Vacations, LLC does not accept personal checks, cash or credit card numbers via telephone, email or text. Approximately 50% of the entire balance for the rental, including all charges, is due at the time the reservation is made. The remaining balance is due no later than 60 days prior to your arrival date. If the first payment is not received within 72 hours of booking online, the reservation will be automatically cancelled. No payments will be accepted at the time of check-in for rent or fees of any kind.
Reservations made within 60 days of the arrival date must be made at least 72 hours prior to arrival day and paid in full via credit card. If full payment is not received within 72 hours of booking online, the reservation will be automatically cancelled.
Maximum Occupancy of Property
You are responsible for knowing and adhering to the occupancy limits of the Property you are renting. If this legal occupancy limit is exceeded, you may lose your rental rights with a complete forfeiture of all advance rental payments and be subject to expedited eviction (42-A-23 NCVRA). The homes in our rental program are private homes. Many homes have elevated decks, elevators and utilize septic systems for sewer. The maximum occupancy rule exists to provide for the Tenant’s safety. Please abide by it.
Family Groups Only
The Agent's authority is restricted to rental to family-type groups only. The homes in our rental program are private homes and not hotels or event venues. House parties, fraternities, school, civic or other non-family type groups and/or events are not allowed. Weddings, wedding receptions and other group events may not be held on the Property. Landmark Vacations, LLC reserves the right to refuse rental to groups where the majority of the occupants are under age 25 (Photo Identification must be furnished upon request). Violation of the above is grounds for expedited eviction without refund in accordance with Article 4 of the NCVRA.6. Rules and Regulations
The Tenant will abide by all Home Owner's Association rules and fees, and all city, county, and State ordinances. Additional policies may be posted at the Property.
Checking In and Out
Landmark Vacations, LLC utilizes the Kaba keyless entry system on every property. Tenants shall proceed directly to the rental property at 3:00 p.m. or thereafter on their reserved arrival date.
The Tenant shall enter their unique code into the entry door’s keypad and turn the thumb-latch to disengage the deadbolt. The code will not open the door before or after the Tenant’s stay, and is electronically monitored. The Kaba door code will be sent to the Tenant prior to the day of check-in.
In unusual circumstances it may be necessary to delay occupancy beyond 3:00 p.m. to ensure that the Property is prepared to reasonable standards. No refunds or discounts will be considered in the unlikely event of such a delay. Check-out time is no later than 10:00 a.m. on your departure date. Tenant check-out duties should be completed prior to departure. A list of check-out duties will be posted in the kitchen. Any passes or keys should be left on the kitchen counter.
Fees of up to $250.00 may be assessed for failure to leave these items upon check-out and will be charged to the Tenant’s credit card on file.
Check-out duties include:
- Please wash all dishes, cookware, and utensils. Empty the dishwasher and return all items to their proper place. If you are occupying multiple units, please leave kitchen items/furnishings in the location/unit where they were when you arrived.
- Remove all food and beverages from the Property. Check the refrigerator and freezer.
- Put all trash bags/recyclables in the outside trash container/cart. Please take care to follow the procedures for trash removal posted at the Property.
- Leave the AC set to 75 degrees or heat at 60 degrees in the winter months.
- Please check to make sure that you have not left any personal items in the Property. Check all dressers/drawers and closets. Before leaving make certain that all windows and doors are shut and locked and that all the lights are turned off. For Kaba locks, the thumb-latch must be flipped to lock or engage the deadbolt.
- Document (phone photo) and report (email or text) any previously unreported damages or maintenance needs.Tenant's failure to fulfill check-out duties may result in charges to the Tenant’s credit card on file.
Tenant understands and agrees to the following fees and charges:
a. A non-refundable reservation fee – 3% of reservation total booked trip cost, plus tax.
b. Fees for linens and cleaning vary for each property and are taxed.
c. For Properties that allow pets, a maximum of (2) dogs are allowed at a flat fee of $250.00, plus tax per week.
d. Late check-out fee of up to $500.00 per hour; to be charged to the tenant’s credit card on file.
e. Fee for rental items not left on Property’s kitchen counter: $25.00-$250.00.
f. Hot Tub Activation - Properties that have a hot tub require at least a $75.00 hot tub activation fee for activation in the mid-season and off-seasons.
g. Pool Heat - All heated pools carry at least a $150.00 heating fee during the Mid and Off seasons. Please be aware, heated pools only heat to approximately 10 degrees higher the outside temperature.
Tenant Cancellation Policy
Should the Tenant have to cancel for any reason, the Tenant must notify the Agent immediately in writing via email at firstname.lastname@example.org . If the Tenant cancels 60 days or more prior to their stay arrival date they shall receive their payments back minus the Reservation Fee, taxes and any non-refundable fees associated with Travel Insurance. If the Tenant cancels 59 days or less prior to their stay arrival date, Tenant shall forfeit all payments made to Landmark Vacations, LLC or associated with the reservation.
Landmark Vacations, LLC will send a confirmation email to the Tenant that the cancellation notice has been received. Ultimately, the Tenant is responsible for verifying the cancellation notification has been received by the Agent. It is strongly advised that the Tenant purchase Travel Insurance to protect their Vacation investment.
According to the NCVRA 42A-36, if State or local authorities, acting pursuant to Article 36A of Chapter 14 or Article 1 of Chapter 166A of the General Statutes, order a mandatory evacuation of an area that includes the residential Property subject to a vacation rental, the Tenant under the Vacation Rental Agreement, whether in possession of the Property or not, shall comply with the evacuation order. The Tenant agrees to follow the check-out procedures outlined in section Checking In and Out section of this Agreement in the event of a mandatory evacuation order. Tenant agrees to return only when the evacuation order has been lifted and after contact with the Agent has been made to confirm availability of the Property. If occupancy is authorized to resume, check-in procedures will be followed as outlined in Checking In and Out section of this Agreement. The NCVRA provides that the Tenant shall not be entitled to a refund if: (i) prior to the Tenant taking possession of the Property, the Tenant refused insurance offered by the Agent that would have compensated the Tenant for losses or damages resulting from loss of use of the Property due to a mandatory evacuation order; or (ii) the Tenant purchased insurance offered by the Agent. The insurance offered shall be provided by an insurance company duly authorized by the North Carolina Department of Insurance, and the cost of the insurance shall not exceed eight percent (8%) of the total rent charged for the vacation rental to the Tenant (1999-420, s. 1; 2005-292, s. 3.)
Tenant acknowledges that the Agent has offered insurance prior to occupancy which meets the conditions stated above and further explained in the Red Sky Travel Protection Insurance section of this Agreement.
Voluntary Evacuations and Hurricane Preparation
Please be aware that in the event that the use of the Property is disrupted by voluntary evacuation orders for impending storms/hurricanes or the desire of the owner to prepare a home for an impending storm or hurricane (i.e. boarding up or removing outdoor furniture), Landmark Vacations, LLC may request that Tenants evacuate the premises prior to their scheduled departure date. In the event that the Tenant and Property Owner both agree to shorten the tenancy, Landmark Vacations, LLC shall prorate the amount of the rent that reflects the actual Tenant’s stay and to refund any overages to the Tenant.
Red Sky Travel Protection Insurance
Be advised that under Section 42A-36 of the North Carolina Vacation Rental Act (NCVRA), when under order of mandatory evacuation, the Tenant is not entitled to a refund from the Owner if prior to taking possession of the Property the Tenant refused the Travel Insurance offered to them that would have compensated them for losses or damages resulting from loss of use of the Property due to a mandatory evacuation order. Landmark Vacations, LLC offers Red Sky Travel Insurance, which provides compensation for Tenant losses or damages resulting from loss of use of the Property due to mandatory evacuation order.
If the Tenant agrees to accept the insurance administered by Red Sky Travel Protection, Tenant understands and agrees that, once accepted, this travel insurance is non-refundable after 14 days or if purchased within 60 days prior to stay arrival date. The insurance offered is provided by an insurance company duly authorized by the North Carolina Department of Insurance, and the cost of the insurance shall not exceed eight percent (8%) of the total rent charged for the vacation rental to the Tenant. (1999-420, s. 1; 2005-292, s. 3.) The Tenant understands and agrees that the Agent receives a compensation fee associated with the administration of this insurance program. Please contact Red Sky Travel Protection directly for more complete information concerning coverage and claims at their website at https://trippreserver.com/sun-trip-preserver/ or call Red Sky at 1-866-889-7409, or email them at RedSky@ArchInsurance.com.
Agent Cancellation Policies
· Cancellation Due to Unavailability: There may be situations which cause the Property to be unavailable for your vacation use. If this should occur, the Agent will notify you as soon as practical after learning of the circumstances. Except as provided in the sections about Mandatory and Voluntary Evacuations, if, at the time the tenant is to begin occupancy of the property, the landlord or agent cannot provide the Property in a fit and habitable condition or substitute a reasonably comparable property in such condition, the agent will refund 100% of your advance rental payments.
· Cancellation Due to Non-Payment: If you fail to pay any deposit or make any payment required by this Vacation Rental Agreement by the date specified in this agreement, the Agent reserves the right to cancel and terminate your reservation.
· Cancellation Due to Violation of this Agreement: The Agent reserves the right to cancel and terminate this Vacation Rental Agreement at any time based on a violation of the terms by the Tenant.
Transfer of Ownership of the Property
Section 42a-19(a) of the NCVRA provides that if the Property is voluntarily transferred by the Owner, Tenant has the right to enforce the Vacation Rental Agreement against the grantee of the Property if the vacation is to end one hundred eighty (180) days or less after the date the grantee's interest in the Property is recorded by the Register of Deeds Office. If the vacation rental is to end more than one hundred eighty (180) days after recordation of the grantee's interest in the Property, the Tenant has no right to enforce the terms of the Agreement unless the grantee agrees in writing to honor the Agreement, but the Tenant is entitled to a full refund of any payments he or she has made. If the grantee does not retain Landmark Vacations, LLC as their Agent, each Tenant will be notified via email, to the email on file of the Property transfer, the grantee's name and address, and the date the grantee's interest was recorded. Notice will be given within (10) days of Property transfer. If the Owner's interest is involuntarily transferred to another prior to the Tenant's occupancy of the Property, the Agent shall refund to the Tenant any payments made by the Tenant within sixty (60) days after the transfer. This situation could arise from a foreclosure, for example.
Maintenance of Rental Property
Owner/Agent Obligations - Owner or Agent is to comply with all applicable housing and building codes and to provide and present the Property in a fit and habitable condition and provide operable smoke detectors.
Tenant/Guest Obligations - In accordance with the NCVRA, the Tenant is to:
- Keep the Property, common areas, and appurtenant areas clean, safe, and sanitary;
- Dispose of all ashes, rubbish, garbage, and other waste in a clean and safe manner;
- Keep all plumbing fixtures clean;
- Not deliberately or negligently destroy, deface, damage, or remove any part of the Property or render inoperable the smoke detectors;
- Be responsible for all damage, defacement, or removal of any property inside the Property tha is in his or her exclusive control;
- Immediately notify the agent in the event repairs or replacement of smoke detector batteries are needed;
Additionally, the Tenant agrees to:
(i) leave the Property in the same or better condition as when tenancy began except for normal wear and tear,
(ii) be financially responsible for unwarranted or unneeded service calls and service calls caused by Tenants misuse of the Property, (iii) report any and all problems to Landmark Vacations, LLC immediately (within 24 hours or prior to departure),
(iv) not to allow any member of their party to walk on, play on, or in any way disrupt the sand dunes of Topsail Island. Each town has a fine for this action.
(v) not to enter Owner's private storage spaces.
(vi) to abide by occupancy limits of the Property at all times.
Properties allowing pets are limited to (2) housebroken domestic dogs. The weekly rental rate will increase by an additional $250.00, plus tax as an additional fee on all reservations allowing a dog. Tenant agrees to disclose the breed, weight, and condition of each pet and agrees that the Agent may refuse to allow pet occupancy on any of these grounds. In many cases Liability Insurance excludes certain dog breeds from coverage. A pet of any kind on the premises including exterior, decks, garages, etc. of a non-pet Property is absolutely prohibited and is grounds for expedited eviction of the entire party and forfeiture of all monies paid as provided in the NCVRA. Tenant understands and agrees that a violation of the pet policy will result in fees of not less than $500.00 and include costs associated with pest control, carpet cleaning or replacement, furniture cleaning or replacement. Proof of pet removal must be provided by the Tenant when violation has occurred if occupancy is to continue.
Tenants with authorized pets agree to properly clean the Property prior to departure/check-out. The Tenant is advised that local ordinances require pets to be leashed on the beach and for excrements to be removed from the beach by the owner. The Tenant is still responsible for paying for all damages caused by pets, in addition to the $250 dog fee rendered.
Firearms and Fireworks
Absolutely no Firearms or Fireworks of any kind are allowed at the Property. Please understand that the Tenant will immediately lose his rental rights and be subject to expedited eviction with no refunds of all rental monies if a Firearm or Firework is discovered in the property. Tenant understands and acknowledges that any Firearm or Fireworks found on the Property or left in the Property will be removed by the appropriate authorities, not by the Agent.
All Landmark Vacations, LLC properties are non-smoking. Any extra cleaning due to removing smoke odor will be at the expense of the Tenant plus a $250.00 smoking penalty. Smoking is permitted on decks unless otherwise expressly prohibited. Tenants agree to do so responsibly.
NCVRA 42-A-23 Grounds for eviction:
(a) Any Tenant who leases residential property subject to a vacation rental Agreement under this Chapter for 30 days or less may be evicted and removed from the Property in an expedited eviction proceeding brought by the landlord, or real estate broker as agent for the landlord, as provided in this Article if the Tenant does one of the following:
(1) Holds over possession after his or her tenancy has expired.
(2) Has committed a material breach of the terms of the Vacation Rental Agreement that according to the terms of the Agreement, results in the termination of his or her tenancy.
(3) Fails to pay rent as required by the Agreement.
(4) Has obtained possession of the Property by fraud or misrepresentation.
(b) Only the right to possession shall be relevant in an expedited eviction proceeding. If the tenancy is longer than thirty days, Article 3 of Chapter 42 of the General Statutes applies.
Linens and Paper Products
Landmark Vacations, LLC provides linens for the rental period though a third-party vendor. Bed linens, bathroom towels and beach towels will be provided at check-in. Additional or specialized linens, if desired, should be brought from home. Beds will be supplied with laundered bedspreads. An initial supply of paper products including toilet paper and a roll of paper towels for the kitchen will be provided to the Property prior to check in and will not be replenished during stay. Any damages caused to linens will be charged to the Tenant.
Fire code dictates there are to be no grills on any decks, near siding and/or under the home. The Tenant should not assume grills are present, functional, or permitted at any Property. Grills can be rented through independent service providers. If a grill is present and functional, Tenant is responsible for grilling tools and charcoal/lighter fluid and assumes full responsibility for any damages to the grill or resulting from use of a grill. Tenant is responsible for cleaning grills upon departure.
Pools and Hot Tub Policies
Most pools are open from Memorial Day to Labor Day. However, pool opening/closing dates are subject to change without notice and without recourse or refund. Pools and hot tubs are to be used strictly at Tenants own risk. Tenant releases the Agent/Owner from all liability for any injuries or death resulting from use of pool/hot tub. Agent/Owner will assume no responsibility for supervising the existence, frequency, or adequacy of pool/hot tub maintenance. Inadequately maintaining a pool/hot tub can cause viral or bacterial illnesses that could be life threatening under various circumstances. No animals are permitted in pools or hot tubs. Agent/Owner does not inspect or test the pool/hot tub for presence of health threatening organisms.
When Tenants use a pool/hot tub they assume risk of illness and release the Agent/Owner from any liability for injury or damages resulting from the use of a pool/hot tub. Absolutely no alcohol, pets, diving, diapers, or urination are permitted in hot tubs or pools. No children under age 14 or pregnant women are permitted in hot tubs. A pool/hot tub fee may apply on some Properties.
Fireplaces are not for Tenant use and should be considered non-operational.
Telephone Use / Pay Per View / Internet
Most Properties are equipped with "call blocking service" which blocks long distance or collect calls. You will be able to utilize a calling card or major credit card to make long distance calls. If your rental Property does not subscribe to a blocking service and long distance calls are placed, the fee plus a $20.00 usage fee will be charged in accordance with the NCVRA.
Pay Per View Programs are prohibited. If charges are incurred the tenant will be charged the fees along with a $50 service fee. Tenant agrees that internet access is limited to lawful use and downloads. Violators are subject to prosecution, civil action, fine and fees.
Lost and Found Items
Landmark Vacations, LLC cannot be held responsible for personal property or items left behind following departure. Please call us immediately to report items you have left, and we will try to locate the items. If you request, items turned in by housekeeping will be returned to you via US Postal Service with shipping charges and a $20.00 processing fee charged to the Tenant's credit card. Unclaimed items are donated to charity after 14 days.
Equipment Malfunction / Nuisances
Landmark Vacations, LLC will make every effort to ensure that Tenant's stay is safe, comfortable, and enjoyable. The Agent cannot guarantee that the Tenant's vacation stay is perfect or that the Property and its amenities are perfect. However, Landmark Vacations, LLC will make reasonable efforts to respond to deficiencies and malfunctions in the Property and its amenities.
Tenant understands and agrees that no refunds, discounts, or transfers will be made for any reason other than those specifically provided for in this Agreement. Additionally, Tenant agrees that no refunds, discounts, or transfers will be granted for the malfunction of any appliance or amenity, inclement weather, mechanical breakdowns, or other adverse circumstances beyond our control. Further examples of circumstances which DO NOT warrant any refund, discount, or alternate Property, etc. include but are not limited to: breakdown of air conditioners, TVs, VCRs, DVRs, DVDs or other electronics or appliances which malfunction, disruption of use or access to the beach due to nature or construction; presence of insects; disruption of utility services including cable, internet, water, electric satellite; a Property not decorated/accommodated/improved/updated to Tenant's tastes; problems which have not yet been reported to Agent; bad weather; or noisy neighbors. The incidental presence of pests or bugs which do not render the Property unfit or uninhabitable will not present cause for refunds, discounts, or transfers.
Tenant agrees to report any and all problems to Landmark Vacations, LLC as soon as is practical. The Agent agrees to make every effort to resolve the reported problem as quickly as possible, however, cannot guarantee when the problem will be resolved. Speed of service cannot be guaranteed. Tenant understands and agrees that emergency repair and service calls will be returned promptly and that the urgency of any problems and its resolution will be solely determined by the Agent. Calls deemed to effect non-essential services will be returned the following business day.
Tenant understands and agrees that it is the Tenant's responsibility to ensure that all aspects of the Property meet their personal standards prior to confirming the reservation. No refunds, discounts, or transfers will be considered in such cases. Tastes, opinions, standards of living, and other expectations vary greatly from person to person. No refunds will be granted for occasions when actual Property amenities or furnishings are different from those advertised.
Errors and Omissions
While the Agent makes every effort to ensure that information published for a Property is current, occasionally we are not fully informed of changes made by the Owners or changes to the Property have not yet been reflected in Property information publications. Tenant understands that the Agent will not be held responsible for such changes, variations, omissions or errors relating to the subject Property.
Health, Emergencies and COVID-19
The Tenant acknowledges that Landmark Vacations, LLC is not responsible for and cannot guarantee that Tenants will not become ill or contract Covid-19 or any other virus or disease while staying at the Property or visiting the area in general. In cases of medical or fire emergencies the Tenant should call 911 emergency services. If a Tenant becomes ill while on vacation, they should self-isolate and seek professional medical attention immediately.
The Tenant who signs this Agreement will be the sole contact person in regard to this Agreement and the Tenancy. Such Tenant is responsible for the adherence of all occupants, visitors, or guests of the Tenant to this Agreement.
Tenant will be held liable for extra cleaning charges and for damages involved in Smoking inside a Property. Tenant understands that ALL PROPERTIES ARE NON-SMOKING PROPERTIES.
Tenant agrees to comply with any and all other instructions, regulations, or guidelines communicated by the Agent as well as all local ordinances and Home Owner's Association Rules.
Tenant shall not assign this Agreement or sublet the Property in whole or part without written permission of the Agent.
Tenant agrees that the Agent, the Owner or their respective representatives may enter the Property during reasonable hours to inspect the premises and to make repairs.