Terms and Conditions

“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 THE AGREEMENT, IS EVIDENCE OF YOUR ACCEPTANCE OF THE AGREEMENT AND YOUR INTENT TO USE THIS PROPERTY FOR A VACATION RENTAL.”

In consideration of the rent received and the mutual promises contained herein, Owner of the Eagles Nest Realty, LLC does hereby lease and rent to Guest(s) such Rental Property under the following terms and conditions:

1.Vacation Rental Act:  www.eaglesnestrealtyllc.com.
 
This agreement must be agreed to by email at the time of the reservations, and signed by guest(s) at time of occupancy. Guest(s) obligations include but are 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 area and remainder of the premises that Guest(s) uses; and will notify Owner of the need of replacement of or repairs to a smoke detector, and replacement batteries as needed during occupancy. Guest(s) agrees not to use the premises for any commercial activity or purpose that violates any criminal law or governmental regulation. Guest(s) breach of any duty contained in this paragraph shall be considered material, and shall result in the termination of Guest(s) occupancy with no refund of any kind. 

SECURITY DEPOSIT/ACCIDENTAL DAMAGE FEE: Eagles Nest Realty, LLC requires a Security Deposit and/or Accidental Damage Fee on ALL properties.  A credit card number must be provided in the event cost of damages exceed the security deposit amount and if the accidental damage fee is chosen, any damages that exceed $1500.  All damages will be the responsibility of Guest(s) and include but are not limited to liability for damage due to the following: (a) intentional, willful, reckless, or malicious acts of Guest(s) or others on the premises during the tenancy; (b) theft from the premises of either the Owner's property or property belonging to Guest(s); (c) gross negligence of Guest(s) or intentional misuse of furnishings, appliances, equipment, or other amenities provided with the home; (d) damage caused while under the influence of alcohol or drugs; (e) damages to real property resulting from operation of any motorized vehicle by Guest(s). This liability shall extend to all members of Guest’s party.Eagles Nest Realty, LLC inspectors walk through each unit after check-out to ensure the property is left in good order.  The guest(s) credit card charges may include, but are not limited to: unauthorized late check-outs, malicious or intentional acts and unwarranted service calls.  If a fee is charged, an explanation will be provided. 
 
Security Deposits: $250.00 per property. Security Deposits may be refunded up to 45 days after departure provided that the home has been left clean and undamaged. 

Accidental Damage Fee: In lieu of a Security Deposit, Eagles Nest Realty, LLC offers a $50.00, non-refundable Accidental Damage Fee.  The Accidental Damage Fee replaces the Security Deposit and prevents action against guest for accidental damages up to $1500.00.  The Accidental Damage Fee does not cover excessive cleaning, phone charges, unreturned keys, theft, and negligent, malicious or intentional acts. 
 
Cancellations: All cancellations will incur a $50.00 processing fee. Cancellations made 30 days in advance of arrival date receive a 100% refund, minus the $50.00 fee. Two weeks’ notice prior to arrival will receive a 50% refund. Under two weeks there is NO refund 
 
Maximum Occupancy: In no event shall the Rental Property be occupied by more persons than the capacity of subject property. No fraternities, school, civic or other non-family groups are allowed unless Owner grants prior approval. Guest(s) hereby acknowledge and grant specific permission to Owner to enter premises at any time for inspection purposes should Owner reasonably believe that Guest(s) is causing or has caused any damage to the Rental Property. Guest(s) further agrees to grant Owner access to Rental Property for purposes of maintenance and repair. 

What to Bring: Each home is equipped with linens, towels, cooking and eating utensils. You need to only bring your personal items. For example, a fishing pole if you choose to fish on Elk River, groceries, and condiments. 

Pet Policy: No pets are allowed on the Rental Property. Any undeclared pet(s) found in or about Rental Property are grounds for expedited eviction and forfeiture of all monies paid. 

Cleaning: Our rentals are professionally cleaned before you arrive and again after your departure. THERE IS NO DAILY MAID SERVICE. Each cabin has its own washer/dryer and dishwasher. Please report any cleaning concerns to the office immediately if something has been missed. Eagles Nest Realty, LLC makes every possible effort to have everything in excellent working order. Occasionally, mechanical failures of appliances, air conditioners/heating system, and hot tubs occur. We will make every effort to have repairs done in a timely manner during reasonable hours. 

Noise: Since many guests come to enjoy the peaceful and romantic environments of our rentals, we ask that you respect their privacy. PLEASE REFRAIN FROM LOUD MUSIC AND OTHER DISRUPTIVE NOISES OUTSIDE YOUR CABIN. Quiet time begins at 10 PM. 
 
Miscellaneous: Guest(s) is not entitled to any claim against Owner arising out of Guest’s inability to complete his/her vacations plans for any reason outside of the control of Owner. 

In the event Owner is unable to make available the Rental Property for any reason Guest(s) hereby agrees that Owner's sole liability as a result of this unavailability is to provide a full refund of all monies paid under this Agreement and Guest expressly acknowledges that in no event shall Owner be held liable for any special or consequential damages which result from this unavailability. Guest(s) also agrees to indemnify Owner from and against liability for injury to Guest(s) or any other person occupying Rental Property resulting from any cause whatsoever including, but not limited to, injury sustained as a result of use of the home, exercise equipment etc. except only such a personal injury caused by the grossly negligent or intentional acts of Owner. 

Owner may terminate this Agreement upon the breach of any of the terms hereof Guest(s). Guest(s) shall not be entitled to the return of any rental paid under the terms of this agreement and shall vacate the Property immediately. 

NO SMOKING INSIDE ANY RENTALS. Smoking is only permitted outside and cigarettes must be disposed of in a safe and proper manner, not on the lawn. 

Please return all furnishings, cooking and eating utensils to their original locations and any recreational equipment used where it was found, or your security deposit, if applicable, will be forfeited. 

GUEST(S), FOR THEMSELVES, AND THEIR HEIRS AND ASSIGNS, AGREE TO AND DO HEREBY HOLD OWNER HARMLESS AGAINST LOSS OR CLAIM OCCASIONED BY TENANTS NEGLIGENCE, OR BY INJURY OR DAMAGE TO THEMSELVES, OR THEIR GUESTS OR FAMILY OCCURRING ON THE PREMISES, INCLUDING ANY SUCH DAMAGE OR INJURY CAUSED BY HAZARDS EXISTING ON THE PREMISES, INCLUDING ELECTRICAL HAZARDS, STEPS, BALCONIES, TRAFFIC, SWIMMING POOLS AND ALL ASSOCIATED AREAS.  IN THIS REGARD, TENANT HEREBY AFFIRMS AND AGREES THAT TENANT HAS INSPECTED THE PREMISES, UNDERSTANDS THE CHARACTER AND CONDITION OF ALL OF ITS COMPONENTS, AND AGREES TO ACCEPT SUCH IN THEIR PRESENT CONDITION AND TO ASSUME THE RISK OF USING THE ENTIRE PREMISES AT THEIR SOLE AND SINGULAR RISK, RELEASING OWNER FROM ALL NEGLIGENT ACTS DUE TO FAILURE TO MAINTAIN OR CONSTRUCT A SAFE AND HAZARD FREE ENVIRONMENT.   OWNER SHALL INSURE THE PREMISES FOR HIS OWN BENEFIT AGAINST LOSS BY FIRE OR OTHER CASUALTY.