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 BOOKING, PAYMENT OF MONEY, CLICKING “I ACCEPT,” OR TAKING POSSESSION OF THE PREMISES AFTER THIS AGREEMENT IS MADE AVAILABLE IS EVIDENCE OF YOUR ACCEPTANCE AND YOUR INTENT TO USE THE PREMISES FOR A VACATION RENTAL.
- Parties; Premises; Term
a) Owner/Agent. Poplar Lane LLC d/b/a Roamly Getaways is the Owner and acts as its own Agent for this Agreement (“Owner/Agent”). References to “Owner or Agent” mean Owner/Agent.
b) Premises: The vacation rental at Roamly Getaways as identified in your booking confirmation.
c) Term: Check-in 3:00 PM local time; Check-out 11:00 AM local time, on the dates stated in your confirmation. - Fair Housing
We conduct all rental activities without respect to race, color, religion, sex, national origin, handicap/disability, familial status, sexual orientation, or gender identity. Discriminatory requests or conduct are not permitted. - Rent; Fees; Taxes; Disbursement
Tenant agrees to pay rent and all applicable fees and taxes as itemized in the booking confirmation, which may include nightly rent, cleaning fee, an administrative/processing fee, applicable sales and occupancy/hospitality taxes, and any platform fees if booked through a third party. Tenant authorizes Owner/Agent to disburse up to fifty percent (50%) of the rent prior to occupancy and the balance upon commencement of the tenancy, upon Tenant’s material breach, or as otherwise allowed by law. Tenant authorizes disbursement of third-party fees for goods, services, or benefits procured for Tenant’s benefit, including any published reservation, transfer, or cancellation fees payable to Owner/Agent. - Trust Account
Any advance payments may be deposited into Owner/Agent’s trust account at Live Oak Bank, 1757 Tiburon Drive, Wilmington, NC 28403, Member FDIC. Any interest earned accrues to Owner/Agent as permitted by the account terms. - Tenant Representation; Use; Occupancy
Tenant represents that Tenant is at least 18 years old and will occupy the Premises during the tenancy. The Premises may be used only for residential vacation purposes and not for parties, events, unlawful activities, or commercial purposes. Overnight occupancy may not exceed four (4) persons, inclusive of children and infants, and may not exceed the number stated in the reservation. Approved visitors who are not overnight guests must also respect quiet hours and House Rules. Tenant shall comply with all laws and posted House Rules. - Tenant Duties
Tenant agrees to:
a) Keep the home reasonably clean and safe.
b) Avoid creating any unsafe or unsanitary conditions.
c) Not damage, deface, or remove any part of the property, and prevent others from doing so.
d) Tell Owner/Agent in writing if a smoke detector needs repair or replacement.
e) Replace smoke-detector batteries if they run low during the stay.
f) Use the property only for lawful purposes.
Important: A violation of this section is a material breach and may result in termination of the stay and expedited eviction. - Owner/Agent Duties; Condition at Commencement
Owner/Agent will provide the Premises in a fit and habitable condition. If at the start of the term the Premises are not fit and habitable and Owner/Agent cannot substitute a reasonably comparable property, Owner/Agent shall refund all payments made by Tenant. - Pets
Pets are permitted only at pet-friendly Premises and only if registered in advance with applicable pet fees paid. Rules: no pets on furniture or beds; pick up and dispose of pet waste; no pets with aggressive history; no pets left unattended in the home unless crated. Tenant is responsible for all pet-related damage and excessive cleaning costs. - House Rules; Quiet Enjoyment; Safety Devices
a) Quiet Hours: 10:00 PM to 8:00 AM. Please be respectful of neighbors at all times.
b) Parking: Parking is available at each unit. Park only in designated areas and do not block the road.
c) Trash/Recycling: Follow posted instructions; fees may apply for excess or improperly handled refuse.
d) Amenities: Use any hot tub, grill, fire pit, fireplace, deck, stairs, and similar amenities safely and per posted instructions; children must be supervised at all times.
e) Reporting: Report any damage or issues to Owner/Agent promptly so we can address them.
f) Smoking/Vaping: Prohibited inside the Premises.
g) Safety Devices: Do not tamper with Smoke/CO detectors or any lawful exterior security/monitoring devices.
Violation of House Rules is a material breach. - Platform Exception
If the reservation was made through a third-party platform (e.g., Airbnb, Vrbo, Booking.com, Glamping Hub, etc.), the platform’s published cancellation/change policy, payment rules, and terms will control in the event of any conflict with this Agreement. - Cancellations and Reservation Changes for Direct Bookings
This section does not apply to third-party platforms such as Airbnb, Vrbo, Booking.com, Glamping Hub, etc.
a) Timing and Refunds
i. 7 or more days before the scheduled local check-in time (3:00 PM): Full refund, less a 5% administrative/processing fee applied to the refundable amount.
ii. Fewer than 7 days before the scheduled local check-in time (3:00 PM): Non-refundable.
b) Reservation Changes
i. Shortening the stay or removing nights is treated as a cancellation of the affected night(s) and follows the timing/refund rules above.
ii. Extensions are subject to availability and then-current rates and are confirmed only upon payment and written confirmation from Owner/Agent.
c) Cancellation Deadline; Method; Refund Form
i. “7 days” is measured to the scheduled local check in time (3:00 PM local) on the arrival date. A cancellation received on or before 3:00 PM exactly one week prior qualifies as “7 or more days”; cancellations received after that time are “fewer than 7 days.”
ii. Cancellations/changes must be submitted in writing (email or, if applicable, through the booking platform message thread) and are effective upon Owner/Agent’s receipt.
iii. Approved refunds are issued to the original form of payment; bank/card processing times vary by institution. - Travel Insurance
Travel insurance is strongly recommended to cover unforeseen events. You may compare and purchase from independent marketplaces such as www.squaremouth.com or www.isgtravel.com. Owner/Agent does not sell insurance. - Mandatory Evacuation
If state or local authorities order a mandatory evacuation of an area including the Premises, Tenant shall comply. Upon compliance by Tenant, Tenant is entitled to a prorated refund of rent for each night the Premises cannot be occupied because of the order, subject to the limitations provided by law regarding insurance decisions made prior to possession. - Transfer of Premises
If Owner voluntarily transfers the Premises, Tenant’s rights to enforce this Agreement against the grantee and any applicable refund rights are as provided by law. Upon termination of the Owner’s/Agent’s interest in the Premises, advance rents and undisbursed third-party fees and taxes shall be transferred or refunded as provided by law. - Expedited Eviction
If the tenancy is for 30 days or less, expedited eviction procedures apply if Tenant holds over after expiration, commits a material breach of this Agreement (including House Rules), fails to pay rent as required, or has obtained possession by fraud or misrepresentation. - Indemnification; Assumption of Risk
a) Indemnity. Tenant shall indemnify and hold harmless Owner/Agent, and their representatives from and against claims, damages, losses, and expenses for personal injury or property damage sustained by any person (including Tenant’s guests) arising out of Tenant’s or Tenant’s guests’ use or occupancy of the Premises, but only to the extent not caused by the negligence or willful misconduct of Owner/Agent or their failure to comply with the Vacation Rental Act or other applicable law.
b) Assumption of Risk. Tenant acknowledges that use of amenities and natural features (including, without limitation, stairs, decks, hot tubs, grills, fire features, rocks, creeks, and wildlife) involves inherent risks that Tenant and Tenant’s guests voluntarily assume. Tenant agrees to supervise minors and use all amenities per posted rules and manufacturer instructions.
c) No Assignment/Subletting. Tenant shall not assign this Agreement or sublet the Premises, in whole or in part, without Agent’s prior written consent. - Entry; Repairs; Showing
a) Routine entry. Owner/Agent and its representatives may enter the Premises during reasonable hours to inspect, perform repairs, maintenance, alterations, or improvements, or to show the Premises to prospective purchasers, lenders, contractors, or future tenants.
b) Emergencies. In an emergency, entry may occur at any time as permitted by law.
c) Notice. Unless an emergency requires immediate entry, Owner/Agent will provide reasonable advance notice consistent with applicable law and the nature of the work.
d) Cooperation. Tenant shall not unreasonably withhold consent to entry and will secure pets and valuables as needed for safe access. - Utilities; Internet/Cable; Amenity Interruptions
Utility, internet, cable, or amenity interruptions or outages may occur and are often beyond Owner/Agent’s control. While reasonable efforts will be made to restore service or remedy interruptions, such outages or interruptions generally do not entitle Tenant to a refund of rent or damages. - Lost and Left Items
Owner/Agent is not responsible for personal items left behind. Upon request, Owner/Agent will make reasonable efforts to locate and return items. Shipping and handling costs are the Tenant’s responsibility. Unclaimed items may be donated or discarded after 14 days. - Governing Law; Venue
This Agreement is governed by North Carolina law. Any action arising hereunder shall be brought only in the county where the Premises are located. - Electronic Means; Notices; Acceptance
This Agreement and communications hereunder may be delivered electronically. Notices may be sent to the email address used in the reservation or delivered to the Premises during the tenancy. By booking on our website, clicking an acceptance checkbox, paying, or taking possession of the Premises, Tenant acknowledges receipt of this Agreement and agrees to be bound by its terms and the incorporated House Rules.
This Agreement is intended to comply with the North Carolina Vacation Rental Act.