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Our Rental Policy:
Foscoe Rentals abides by the North Carolina Vacation Rental Act. In compliance with this act and for the benefit of our tenants we include all pertinent information in our Rental Agreement. We have listed answers to some of the most commonly asked questions below. Please take the time to read the entire agreement. Your acceptance at the bottom of this page constitutes your acceptance of all items in this agreement.
All rates and policies are subject to change without notice. Minimum stays may apply during peak times.
Foscoe Rentals Vacation Rental Agreement
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.
1 CHECK-IN time is between 3:00 pm to 5:00 pm. If the rental unit is ready before 3:00 pm, tenant may be allowed to check in early. However, it is tenantís responsibility to call ahead of time and make sure that the unit is ready. Possession of the unit will not take place until the entire rental balance has been paid, including security deposits. Tenants arriving after 5:00 pm must call ahead of time to arrange for a late arrival. Late arrival packets will be left at our office to the right of the main door in a flip top mailbox. An envelope will be left with the tenants name on it and will contain keys and directions to the property the tenant has rented. Two sets of keys will be provided at check in. If tenant is renting at Echota a key fob to access the amenities will also be provided.
2 CHECK-OUT time is 10:00 am. Keys must be returned to rental office. If returning keys prior to office opening, place keys in drop box to the right of main door. Keys not returned at check out will result in a charge of $25/set and key fobs not returned will result in a charge of $100 being deducted from tenantís security deposit or billed to the credit card on file if the tenant purchased the Peace of Mind Insurance. A late check out fee of $25 per hour will be deducted from tenantís security deposit, or be charged to the card on file if tenant purchased Peace of Mind Insurance.
3 PAYMENT INFORMATION: Visa, MasterCard, & Discover, AMEX, Cash, Checks, Cashierís Check & Money Orders are accepted. Due to rate increases all AMEX charges are subject to a $15 plus tax service charge due at check in. All reservations are subject to a $15 reservation processing fee, applicable taxes, and require a credit card number to be placed on file. Reservations made with an arrival date more than 30 days away require an initial payment of 50% and the remaining balance and security deposit or Peace of Mind Insurance fee will be due upon arrival. Reservations made with an arrival date less than 30 days away will require the full amount of the reservation to be paid, except for the security deposit or Peace of Mind Insurance fee which must be paid upon arrival. Tenantís balance must be paid in full to take possession of the rental property.
4 SECURITY DEPOSIT and PEACE OF MIND INSURANCE FEE: Tenant has the option of choosing between the security deposit and the Peace of Mind Insurance fee. The security deposit ranges from $200-$700 depending on the property. The security deposit will NOT be refunded at check out. Foscoe Rentals will send a refund check to the address on file after departure date and it may take up to 45 days for the refund to be issued. Foscoe Rentals will not be liable for any charges resulting from the use of a debit/credit card for the security deposit. In lieu of paying the refundable security deposit tenant may pay a Peace of Mind Insurance Fee. The Peace of Mind Insurance Fee (POM Plan) is $35 unless your stay is over 30 days and then it is $50. Purchasing the POM Plan covers accidental, reported damage due from inadvertent acts or omissions to the unit up to $3000. Damages not reported to office will be charged to credit card on file. The POM Fee must be purchased before guest occupies the rental property. Foscoe Rentals will provide a full description of the coverage detailing the terms, conditions and responsibilities of tenant and Foscoe Rentals. If tenant does not receive a description of coverage upon purchase of the plan it is tenantís responsibility to let Foscoe Rentals know. Foscoe Rentals does receive a compensation for selling the POM plan.
5 TRAVEL INSURANCE and CANCELLATION: Foscoe Rentals highly recommends tenants purchase travel insurance. The cost of TRAVEL INSURANCE is 6.5% of total rental charges. Travel insurance can be purchased up until departure from your permanent address and tenant must be able to travel at time of purchase. Foscoe Rentals will provide a full description of the insurance coverage detailing what is covered under the insurance and what is not. If tenant does not receive a description of coverage upon purchase of the plan it is tenantís responsibility to let Foscoe Rentals know. If tenant cancels reservation with Foscoe Rentals, it is tenantís responsibility to inform the insurance company and work with them on reimbursement. Foscoe Rentals does receive compensation for selling travel insurance.
CANCELLATION by tenant must be written. If reservation is cancelled less than 30 days prior to arrival date Foscoe Rentals will attempt to re-rent the property. If property is re-rented for the same period, in its entirety, tenant will receive advance rent payment back, less a cancellation fee of $50 and the reservation processing fee of $20. If property is not re-rented for the same period, tenant will not be entitled to reimbursement for any advance rent payment. If the reservation is cancelled more than 30 days prior to the arrival date, the guest may apply their payment to a future stay in the same rental property any time within the next year. Tenant will be entitled to reimbursement of any fees paid to Foscoe Rentals for goods, services, or benefits procured by Foscoe Rentals from third parties for the benefit of the tenant that have not been paid out prior to cancellation. It is the tenantís responsibility to seek reimbursement for any fees that have already been taken.
WEATHER and ROAD CONDITIONS: Foscoe Rentals always recommends 4-wheel drive or chains during winter months. Weather conditions are very difficult to predict. Road conditions may become hazardous just prior to or during tenants stay. It is tenantís responsibility to come prepared to drive under hazardous road conditions. NO refunds, allowances, or date changes resulting from weather or road conditions will be given unless roads are closed by state or local authorities. Travel insurance does not cover weather or road conditions.
MANDATORY EVICTIONS: If state or local authorities order a mandatory evacuation of an area that includes the premises of the rental property, tenant understands that they must comply with the order and will be entitled a refund of the prorated rent for the dates that tenant is unable to occupy rental property.
6 CHECK OUT PROCEDURES: Tenant is responsible for following check out procedures upon check out. The check out procedures are as follows: Dishes washed and put away in proper cupboards, refrigerator should be emptied and cleaned, heat set on 60 degrees in winter months, all trash (including around the property) must be bagged and removed and placed according to instructions, all windows and doors closed and locked, dirty towels placed in bathtub, and if used grill and wood fireplace must be cleaned and emptied of any ashes. Tenant understands that any trash, cigarettes or cigars found around the property must be bagged and removed as well. Not following check out procedures will result in a minimum of $25 an hour clean up fee taken from security deposit or charged to tenantís credit card on file if the POM Fee was purchased. Purchasing the POM Fee does NOT negate tenant from following check out procedures.
7 PETS: Foscoe Rentals offers a few select properties that allow pets. If tenant brings pet, a non-refundable pet fee of $30 is charged per pet friendly property. Detection of a pet in an unspecified rental property will result in expedited eviction (tenant will have 4 hours until departure is required) and a $25 per hour cleaning fee will be deducted from tenantís security deposit or charged to credit card on file if POM was purchased.
8 MAXIMUM OCCUPANCY: Maximum occupancy must be strictly adhered to. Occupancy account does include children. Exceeding the occupancy limit set for your unit is grounds for eviction.
9 PROPERTY PROVISIONS: All rental properties are set up for light housekeeping and include towels and linens. Foscoe Rentals also provides toilet paper, tissues, paper towels, trash bags, dish washing detergent, dish washing liquid, and hand soap in quantities sufficient for a weekend stay. Additional products are tenantís responsibility.
10 CONTRACT: Someone 25 years of age or older must sign rental contract and be present during the rental period. Contract needs to be signed and returned to rental office as soon as possible. If tenant does not receive rental contract it is tenantís responsibility to let Foscoe Rentals know. However, payment of money or taking possession of the property after receipt of the agreement is evidence of tenantís acceptance of the agreement.
11 ACCOMODATION RULES:
1. All properties are non-smoking. If smoking is detected upon inspection of the rental
property after departure
$100 fee for ionization/air purification will be deducted from tenantís security deposit or charged to credit card on file if tenant purchased the POM Fee. 2. No campers, mobile homes, tents, or campfires are allowed at any rental property. 3. House parties are strictly prohibited and may result in expedited eviction. Any complaints filed with the police or sheriffs department against tenant will result in expedited eviction. 4. Grilling is only permitted at units that provide grills. Propane refills are the tenantís responsibility. If tenant uses grill it must be cleaned and ashes disposed of properly to avoid an additional cleaning fee of $10. 5. Rental property is not to be used for any reason or purpose that violates any criminal law or government regulation. Commercial use of property is prohibited. 6. Tenant is responsible for complying with buildingís rules and regulations. 7. Tenant must not move furniture or dťcor in rental properties. A $25 fee per hour will be incurred and charged to security deposit or credit card on fie if POM Fee was purchased if Agent has to move any furniture or dťcor back in to place after tenantís departure.
12 EQUIPMENT FAILURE and OTHER INCONVENIENCES: Foscoe Rentals will make a reasonable effort to provide any special amenities (such as hot tubs, internet, air conditioning, satellite TV, etc.) are in good working order and repair them during the tenancy upon notice from tenant, but given the difficulty of repairs to such amenities, tenant understands that Foscoe Rentals can make NO guarantees that any such amenities will be working during the entire tenancy, and that the tenant will not be entitled to any refund if they are not. Not all properties have air conditioning and NO refunds or switching of properties due to lack of air condition will be permitted.
13 LONG DISTANCE CALLS and TELEVISION: All rental properties are equipped with at least one telephone and one television for tenantís convenience and comfort. Local calls and regular TV are provided at no additional costs. Long Distance calls may be placed using a calling card.
14 AGENT DUTIES/RIGHT OF ENTRY: 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 reasonable comparable property in such condition, the landlord and agent shall refund to the tenant all payments made by the tenant. Section 42A-31 of the VRA outlines all requirements of rental agent. Agent shall conduct all brokerage activities in regard to this Agreement with respect to the race, color, religion, sex, national origin, handicap or familial status of any tenant. Right of Entry: Tenant agrees that agent may enter premises during reasonable hours to inspect the Premises, to make such repairs, improvements or alterations thereto as Agent or Owner may deem appropriate, or to show the Premises to prospective purchasers or tenants.
15 TENANT DUTIES and EXPEDITED EVICTION: Tenant is to maintain the property in accordance with Section 42A-32 of the Vacation Rental Act, including, but not limited to, the following: Keep that part of the property which tenant occupies and uses as safe and clean as the conditions of the property permit and cause no unsafe or unsanitary conditions in the common areas and remainder of the property that tenant uses. Dispose of all ashes, rubbish, garbage, and other waste as directed in the unit. Under no circumstances is trash to be left on porches, decks, or any other exterior location. Keep all plumbing fixtures in property or used by tenant as clean as their condition permits. Not deliberately or negligently destroy, deface, damage or remove any part of the property or render inoperable a smoke detector provided by the landlord or knowingly permit any person to do so. Comply with all obligations imposed upon tenant by current applicable building and housing codes. Be responsible for all damage, defacement, or removal of any property that is in tenant's exclusive control unless the damage, defacement or removal was due to ordinary wear and tear made by him or her. Upon termination of the landlord's interest in the property, whether by sale, assignment, death, appointment of a receiver or otherwise, the landlord, landlord's agent, or real estate agent is required to transfer all advance rent paid by the tenant (and other fees owed to third parties not already lawfully disbursed) to the landlord's successor-in-interest within thirty days, and notify the tenant by mail of such transfer and of the recordation of the landlord's successor-in-interest in the property, and the successor-in-interest has not agreed to honor the vacation rental, all advance rent paid by the tenant must be transferred to the tenant within thirty days. If the landlord's interest in the property is involuntarily transferred to another prior to the tenant's occupancy of the property, the landlord shall refund to the tenant any payment made by the tenant within sixty days after the transfer. Expedited Eviction: If the tenancy created herein 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: Holds over in possession after Tenant's tenancy has expired. Committing 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; fails to pay rent as required by this agreement or has obtained possession of the premises by fraud or misrepresentation.
16 TRANSFER OF UNIT BY OWNER: If the property is voluntarily transferred by landlord, a tenant has the right to enforce the vacation rental agreement against the grantee of the property if the vacation rental is to end 180 days or less after the date of the grantee's interest in the property is recorded; if the vacation rental is to end more than 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. If the grantee does not honor the agreement, the tenant is entitled to a full refund of any payments he or she has made. Within 10 days after transfer of property, grantee or grantee's agent shall: Notify each tenant in writing of the property transfer, the grantee's name and address, and the date the grantee's interest was recorded. Advise each tenant whether he or she has the right to occupy the property subject to the terms of the vacation rental agreement and the provisions of this section. Advise each tenant of whether he or she has the right to receive a refund of any payments.
17 DISBURSEMENT OF RENT AND THIRD PARTY FEES: Tenant authorizes Agent to disburse up to fifty percent (50%) of the rent to 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 under the Vacation Rental Act. Tenant agrees to pay a $25.00 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 for 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.
18 TRUST ACCOUNT: Any advance payment made by Tenant shall be deposited in a Trust Account with BB&T bank located in Boone, 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 Agent as it accrues and as often as is permitted by the terms of the account
19 LIABILITY: Foscoe Rentals (hereinafter the ďAgentĒ) is a property management real estate agency that rents privately owned properties for individual owners. You, the tenant or renter, are the paying guest of the homeowner. Neither the Agent nor the Owner is responsible or liable for any loss of the renterís personal property or bodily injury or damage of any nature from any cause to the renter (including guests and invitees) unless caused by the negligent or willful act of the Agent or the Owner, or the failure of the Agent or Owner to comply with the Vacation Rental Act. The Agent is also not responsible for skiing conditions, insects, rodents, flies, or other pests, weather conditions, road conditions, power outages, acts of God, criminal activities, economic downturns, or any other activity, event or condition beyond its control.
Tenant Signature: ___________________________________ Date: _____________________
Real Estate Agency:
133 Echota Parkway Boone, NC 28607
Phone: 828-963-8142 Fax: 828-963-8148 Email: Reservations@FoscoeRentals.com
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