North Carolina Vacation Rental Agreement
This Vacation Rental Agreement (“Agreement”) is executed pursuant to the North Carolina Vacation Rental Act (NC General Statutes Chapter 42A).
These Terms & Conditions govern all reservations made through Dereka’s High Country Vacations, Inc. (“Company,” “we,” “us,” or “our”) and apply to all guests (“Guest” or “you”) occupying a vacation rental property managed by the Company.
By booking a reservation, submitting payment, or occupying a property, you acknowledge that you have read, understand, and agree to be bound by these Terms & Conditions and the North Carolina Vacation Rental Act (N.C. Gen. Stat. Chapter 42A).
North Carolina Vacation Rental Act Notice
THIS 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 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 THIS PROPERTY FOR A VACATION RENTAL.
Rental Contract
The remainder balance will be automatically charged to the card on file on the due date. If you prefer to use a different payment method, you must call us before the due date for final payment.
Travel Insurance
For your protection, travel insurance has been automatically included in the cost of your reservation. You have the right to opt out, but we highly recommend you consider the significant benefits of protecting your vacation investment. Once travel insurance has been paid out, it cannot be refunded. For more information, please visit our travel insurance partner, Red Sky (Mountain Trip Preserver)
Cancellation Policy
A reservation may be cancelled up to 30 days prior to the scheduled arrival date for a full refund, less a $100 cancellation fee or the Reservation Fee (whichever is greater). Cancellations within 30 days of arrival may be refunded—less $100 or the Reservation Fee—only if the accommodation is re-rented in full. If only part of the reservation is re-rented, a prorated refund will be applied to rent, tax, cleaning fee, and security deposit waiver. Tenant obligations include the full reservation amount. Any third-party services paid by the Agent on behalf of the Tenant may not be refundable. If Trip Insurance was purchased, it is the Tenant’s responsibility to check with Red Sky Travel Insurance to determine eligibility for a claim.
Payment Policy
An advance payment equal to half of the reservation total, including optional travel insurance, is due at the time of booking. If mailing a check, it must be received within 10 days of booking. Final balance is due 30 days before arrival. Reservations made within 30 days of arrival require full payment at the time of booking.
Security Deposit
An Accidental Damage Waiver fee of $50 applies to each reservation and is non-refundable. At the Agent’s discretion, a refundable cash security deposit between $1,500 and $3,000 may be requested. Any such deposit may be used to cover actual damages or unpaid charges in accordance with the Tenant Security Deposit Act. If a cash deposit is taken, it will be reconciled and refunded or itemized within 45 days following departure. Tenants are responsible for immediately reporting any damage that occurs during their stay.
Agent Rights and Responsibilities
Agent, owner, or authorized representatives reserve the right to enter the premises during the tenancy for inspection, repairs, or to show the property for sale. Agent may relocate guests in the event of unforeseen circumstances. Under no condition will Agent be liable beyond refunding Tenant payments. Agent will make reasonable efforts to keep appliances and amenities in working order but cannot guarantee their availability during the entire stay.
Pet Policy
Pets are only allowed in properties marked as Pet Friendly and require prior approval. Unauthorized pets will result in immediate eviction with no refund. Any pet-related damage, including from service animals, is the Tenant’s responsibility.
Hot Tub Use and Responsibility
If the Property is equipped with a hot tub, Guests acknowledge that use of the hot tub is entirely at their own risk. Guests agree to follow all posted hot tub rules, safety instructions, and operational guidelines provided by Management. Children must be supervised at all times. Guests shall not use the hot tub while intoxicated or in a manner that is unsafe or inconsistent with its intended use.
Guests agree to maintain the hot tub in a reasonable condition during their stay and shall not introduce foreign substances into the hot tub, including but not limited to food, glass, excessive dirt or sand, oils, soaps, bath products, bubbles, or any other materials that may damage equipment or compromise water quality.
Excessive Cleaning, Drain & Refill Charges:
The hot tub is professionally serviced and sanitized prior to Guest arrival. If, upon departure, the hot tub requires excessive cleaning, draining, refilling, chemical rebalancing, or additional service due to Guest misuse, negligence, or failure to follow posted rules, Guest agrees to be responsible for the reasonable costs incurred.
Such costs may include, but are not limited to, full drain and refill services, additional labor, water usage, chemicals, filter cleaning or replacement, and service call fees. These charges may be deducted from the security deposit or charged to the payment method on file, as permitted by law.
Age & Group Policy
Reservations must be made by individuals 25 years of age or older who are present during the entire stay. Groups must include at least two chaperones over 25 years of age in each rented unit.
Travel Insurance
Trip insurance is offered through Red Sky Travel Insurance and is also available through any licensed North Carolina insurance provider. Visit trippreserver.com or call 866-889-7409 for more information.
Fees
Returned checks are subject to a $45 processing fee. A Reservation Fee is applied to all bookings.
Tenant Duties
Absolutely no house parties are allowed. Any tenant breach of this provision shall be considered material and shall result in the immediate termination of tenancy with no refund. Any damage caused is the direct responsibility of the tenant. Overcrowding of units is strictly prohibited. Breaching this policy is also considered material and will result in termination of the lease with no refund. Tenant agrees the property will not be used or occupied by more than the maximum allowable number of occupants as set forth in the rental agreement. This includes tenant, tenant’s family (including children), and guests. Failure to abide by this will result in immediate termination of the tenancy with no refund. Tenant agrees that all applicable Covenants, Conditions, and Restrictions (such as HOA rules), as well as property-specific rules and regulations, will be obeyed. Tenant further agrees to comply with all such rules, regulations, and policies.
Agent Duties
Agent shall conduct all brokerage activities related to this agreement in accordance with Fair Housing laws, without regard to race, color, religion, sex, national origin, handicap, or familial status. Agent agrees to provide the property in a fit and habitable condition. If Agent is unable to do so or provide a comparable substitute property in such condition by the beginning of the tenancy, Agent shall refund all payments made by Tenant. Agent reserves the right to move any reservation due to unforeseen circumstances. Under no condition shall Agent be liable for more than the refund of Tenant’s payments. Agent will make reasonable efforts to keep amenities in working order (e.g., TV, appliances, hot tubs, whirlpools), and will attempt repairs as needed during the tenancy. However, Agent cannot guarantee continued functionality during the entire rental period. Tenant will not be entitled to any refund for non-functioning amenities. (Per NC Vacation Rental Act § 42A-31).
Mandatory Evacuation
If state or local authorities issue a mandatory evacuation order that includes the premises, Tenant must comply. In such cases, Tenant is entitled to a prorated refund for each night the property cannot be occupied. If Tenant refused the offered trip insurance at the time of booking, or did purchase it and the reason is covered, the claim must be filed with the insurance company, not the Agent.
Transfer of Premises
If the property is sold and the occupancy ends 180 days or less from the transfer date, the new owner is obligated to honor the terms of this lease. If the occupancy ends more than 180 days after the transfer and the new owner declines to honor the lease, Tenant is entitled to a full refund. The new owner (or their agent) must notify Tenant within 10 days of the transfer and confirm whether they will honor the lease or issue a refund. If a refund is owed, it must be issued within 30 to 45 days, depending on the situation. If the transfer was involuntary (e.g., foreclosure), the refund is due within 60 days.
House Rules
By completing a reservation and taking possession of the property, guests acknowledge and agree to follow all house rules, policies, and terms provided prior to arrival. Failure to follow posted house rules may result in a minimum $75 service fee, plus additional labor, damage, or vendor costs as applicable.
- Check-in begins at 4:00 PM. Access codes will not be released until the unit is clean, inspected, and ready.
- Check-out is no later than 10:00 AM.
Late check-outs will incur a minimum $50 fee and may be charged up to one night’s rent if it impacts incoming reservations. - Departure Expectations:
Guests are expected to leave the property in a reasonable condition. This includes:- Starting the dishwasher with used dishes
- Bagging and removing trash to designated receptacles
- Leaving furniture and items in their original locations
- Cleaning & Condition:
Excessive mess, additional cleaning, or failure to follow departure instructions will result in:- A minimum $75 service fee, plus
- Additional cleaning billed at $45/hour
- Damage & Maintenance:
Guests are responsible for any damage caused during their stay, including damage resulting from misuse or failure to follow provided instructions.
Service calls resulting from guest misuse or negligence may be billed at a minimum service fee plus vendor costs. - Plumbing & Drains:
Only toilet paper may be flushed. No wipes, paper towels, feminine products, or foreign objects.
Clogged drains or plumbing issues caused by misuse will be charged to the guest. - No House Parties or Events.
- No Smoking inside the property.
Evidence of smoking will result in additional cleaning and deodorization charges. - Pets:
Only allowed in designated pet-friendly units with approval. Unauthorized pets will result in additional cleaning and penalty fees. - No moving items between properties or removing items from the unit.
- Parking:
Guests must follow posted parking guidelines. Unauthorized vehicles or violations may result in towing at the guest’s expense. - After-hours lockouts will result in a $45 service fee.
- Weather & Travel:
No refunds will be given due to weather or circumstances beyond our control.
4WD, AWD, or chains may be required during winter conditions. Travel is the guest’s responsibility. - No-shows forfeit all payments and reservation rights unless canceled in accordance with policy or covered by travel insurance.
Accommodations
No compensation will be given for temporary outages of electricity, gas, water, cable, or phone. Tenants must report outages promptly. Properties include basic amenities such as a coffee maker, microwave, toaster, and TV unless otherwise noted. Supplies include 1 roll of toilet paper per bathroom, 1 trash bag per can, dish detergent, and dish soap. Additional items must be brought by the tenant. Linens are provided per occupancy cap. Some properties have landlines for local calls only. Tenant is responsible for any toll charges and a $25 service fee. Tenants using a swimming pool or hot tub do so at their own risk; these are not monitored. Hot tubs are for adults only. All properties are non-smoking. Evidence of smoking indoors results in a deep cleaning fee covering carpets, upholstery, and walls.
Changes & Transfers
Agent (on behalf of the property owner) reserves the right to cancel this agreement at any time prior to the start of tenancy. If so, all payments made will be refunded. If alternate accommodations are provided, the Tenant agrees to pay any difference in rental rate. Agents may reassign properties due to repairs, acts of God, owner use, or other conditions. Changes or transfers by the Tenant must be requested at least 45 days prior to arrival and may only be approved at Agent’s discretion. All changes will incur a $10 processing fee.
Legal
This Rental Agreement is a legally binding contract governed by North Carolina law. Disputes arising under the contract must be brought in the jurisdiction where the property is located. No waiver of any provision shall be valid unless made in writing. If any provision is deemed unenforceable, the rest of the agreement remains valid. This is a Vacation Rental Agreement under the North Carolina Vacation Rental Act. By signing the contract, paying a deposit, or occupying the property, you agree to the terms herein. Deposits are held in escrow, and any earned interest belongs to Dereka’s High Country Vacations. If you do not understand any part of the agreement, you are advised to consult an attorney. Tenant’s initials and signature affirm they have read and understand these terms.
Non-Discrimination / Fair Housing Compliance
The Property is offered for rent in compliance with all applicable federal, state, and local fair housing and civil rights laws. Discrimination is prohibited on the basis of race, color, religion, sex (including gender identity and sexual orientation), national origin, disability, familial status, age, or any other characteristic protected by law.
No party shall be denied occupancy, services, or accommodations, nor treated differently, on any prohibited basis. This policy applies to all guests, occupants, and prospective renters.
Nothing in this Agreement is intended to permit or encourage conduct that would violate applicable fair housing or civil rights laws.
Owner & Agent Contact
Acknowledgment
By making a reservation, submitting payment, or occupying a property managed by Dereka’s High Country Vacations, Inc., you acknowledge that you have read and agree to these Terms & Conditions.