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.

• RESERVATIONS: Once Lumina Property Group (hereinafter referred to as Agent) takes a reservation from Guest, Guest must forward a signed rental agreement and make payments at times specified in Agent’s policies.  Unless the agreement and all required payments are received by the Agent then the reservation may be cancelled without further notice. A 25% deposit is required for Standard Short-Term Reservations. A Short-Term Reservation is any reservation for 89 nights or less. For a Long-Term Reservation of 90 nights or more, a Contract will need to be sent and the terms will be established in that Contract. 

To make a reservation: We require a 25% deposit of the total balance excluding taxes, which is applied toward the total rent. All balances are due 30 days prior to arrival and are charged automatically onto the credit card used for the deposit. Occupancy and sales tax are assessed at a daily rate. In addition, Guests are assessed a cleaning fee which is also subject to sales tax, which varies based on the size of the property. If Guests fail to check out by the Check-out time (10 AM) and the cleaning crew arrives, Guests will be charged $75.00 per hour in which said crew waits. A credit card is required to be on file for any extensive damage or excessive cleaning that may be required. Guests agree to the “Check-Out Policy” stated below. Failure to follow the policy will result in the fees stated. 

Definitions: “Rent” means the base rental amount for the Premises, excluding taxes and fees. “Deposit” means the initial payment equal to twenty-five percent (25%) of the Rent, applied toward the total Rent. “Reservation Total” means the Rent plus all applicable taxes, cleaning fees, pet fees, and any other charges due under this Agreement.

• PAYMENT POLICIES: All payments are due no less than sixty (60) days prior to check-in. Payment can be made by MasterCard, Visa, money orders, cashier’s check, certified checks, company checks, and personal checks subject to the following conditions: (a) When payment is made by credit card the person named and endorsing the Rental Agreement must also be the person whose name is on the credit card; (b) No personal checks or company checks will be accepted later than 14 days before check-in; and (c) A $25.00 service fee (or the maximum fee allowed by law) will be charged for all return checks. All credit card information is kept confidential and encrypted to prevent unauthorized charges. 

• CHECK-IN: Guests may check-in after 4:00 p.m. No check-in will be allowed until all rent, taxes and fees have been paid in full.

In extreme situations your check-in time may be delayed until 5:00 p.m. for special cleaning and/or maintenance. We do our best to accommodate early check-ins but please remember there is no guarantee! We ask that you do not park at the home while it is being prepared for your arrival as this slows the process of cleaning, inspecting, etc. 

• CHECK-OUT: On the day of departure the Premises must be vacated by 10:00 A.M., UNLESS specifically agreed upon with Agent AND the Guest has paid the associated “Late Check-Out Fee”. Failure to follow check-out procedures will result in a $75 fee for every additional hour the Guest remains on the premise of rented property. 

Please leave the property as you would like to find it if you are the one coming in to clean. Upon time of Check-Out: 

1. Trash: All trash on the premises must be bagged and disposed of in the outside trash bin. If you are renting a house, please place the trash bin out at the road the night/day prior to trash pickup. You will find detailed instructions and the location of the trash bin in your “Arrival Email”. 

1. Dishes: All clean dishes, pots, and pans must be put away. Any remaining dirty dishes must be placed in the dishwasher and run prior to departure. 

1. Food: Any remaining food items should be either thrown away or taken with you. 

1. Keys: If applicable, keys must be left inside prior to departure unless otherwise instructed by the Agent or Owner of the Property. If keys are Lost, the Guest will be responsible for the cost of re-keying the locks. 

1. Locks: Please lock all doors and windows upon departure. 

• DISBURSEMENT OF RENT AND THIRD-PARTY FEES: Guest authorizes Agent to disburse up to fifty percent (50%) of the rent set forth in Paragraph 2 above to the Owner of the Premises (or as the Owner directs) prior to Guest’s occupancy of the Premises and the balance of the rent shall be disbursed to Owner (a) upon the commencement of the tenancy, (b) a material breach of this Agreement by Guest, or (c) as otherwise permitted under the Vacation Rental Act.  Guest agrees to pay a $25.00 processing fee for any check of Guest that may be returned by the financial institution due to insufficient funds or because Guest did not have an account at the financial institution upon which the check was written. Guest also authorizes Agent to disburse prior to Guest’s occupancy of the Premises any fees owed to third parties to pay for any goods, services, or benefits procured by Agent for the benefit of Guest, including, but not limited to, any fees set forth herein payable to Agent for reservation, transfer or cancellation of Guest’s tenancy.

• TRUST ACCOUNT: The deposit, final payment, and any other fees, will be deposited into Lumina Property Group’s interest-bearing trust account at PNC Bank. Guest agrees that such deposit payments may be deposited into an interest-bearing account and that any interest thereon shall accrue for the benefit of and shall be paid to Lumina Property Group as often as is permitted by the terms of the account. 

• UNAVAILABILITY PROVISION: In the event that the Owner is unable to deliver the Premises to Guest at check-in because of any reason whatsoever, including, but not limited to damage to the Premises, acts of eminent domain, condemnation, acts of nature, double-booking or delays in construction, then Guest’s sole remedy as a result of any of these conditions is the full refund within 60 days of Agent’s discovery of the condition of all funds previously received from Guest less fees paid to third parties for the benefit of Guest as authorized. If the Agent is able to relocate Guest, Guest agrees to pay any difference in rental rate. Guest expressly acknowledges that in no event shall Agent or Owner be responsible to Guest for travel costs, food, meals, lodging or other expenses related to Guest’s relocation.

• HURRICANES/MANDATORY EVACUATION: If State or local authorities order a mandatory evacuation of an area that includes the Premises, Guest shall comply with the order. Pursuant to the North Carolina Vacation Rental Act, Guest is not entitled to a refund of Rent or other fees due to a mandatory evacuation if, prior to taking possession of the Premises, Guest either (a) refused travel insurance offered by the Owner or Agent that would have compensated Guest for losses or damages resulting from loss of use of the Premises due to a mandatory evacuation, or (b) purchased such insurance.

Accordingly, no refunds will be issued by Lumina Property Group or the Owner for losses resulting from a mandatory evacuation except as may be expressly required by applicable law.

• EXPEDITED EVICTION: If the tenancy created hereunder is for 30 days or less, the expedited eviction procedures set forth in the Vacation Rental Act will apply.  Guest may be evicted under such procedures if Guest: (a) holds over in possession after Guest’s tenancy has expired; (b) commits a material breach of any provision of this Agreement that according to its terms would result in the termination of Guest’s tenancy; (c) fails to pay rent as required by this Agreement; or (d) has obtained possession of the Premises by fraud or misrepresentation.

• CONTRACT: Online Reservations constitute the valid and binding Contract subject to the terms and conditions set forth herein. For Phone Reservations, terms and conditions will be sent via e-mail and must be signed and accepted electronically or in hard copy if preferable to the Guest. Failure to submit and/or sign the Contract and accept the terms and conditions set forth will result in the Guest having no valid reservation and Lumina Property Group may offer the property to another Guest. 

• EQUIPMENT AND FURNISHINGS: All properties are equipped with normal housekeeping items.  Properties are furnished according to individual Owner tastes. Agent is not responsible for Owners changing their furnishings after printing the brochure or errors contained therein. Every effort has been made to assure that the information in the Contract is correct. Lumina Property Group cannot be held responsible for changes made by Owners to the Property or advertising errors. Taste, style, and quality vary. Lumina Property Group makes every effort to relay home information via pictures, descriptions, relative pricing, and websites. There will be NO refunds due to Property discrepancies.

Upon Check-Out, inventory of all furnishings, appliances, dishes, etc., will be taken. Any missing or broken items may be charged to the Guests’ credit card on file. 

• MAXIMUM OCCUPANCY: The occupancy and parking policies are dictated by city and county ordinances to control the noise and congestion of neighborhoods, as well as maintain the quality of our properties. As such, Guests shall not permit the Premises to be occupied beyond the maximum occupancy, including children, of each said rental property.  Violation of this prohibition will result in eviction and forfeiture of all monies paid.  No RV’s or Campers may be parked on the Premises for the purpose of extra sleeping capacity. Occupancy totals are listed on each property’s listing on Lumina Property Group website, www.luminapropertygroup.com. 

• PETS: Some of our rental properties will accept pets, please inquire when you book your reservation. All other rental properties DO NOT allow pets anywhere on the premises. If pets are not permitted and a pet is found on the property, this is a material breach of the lease agreement and a forfeiture of all rental fees. Lumina Property Group reserves the right to subject Guest to an expedited eviction, an additional $250 fine, and a $500 cleaning charge, including but not limited to flea treatment of the property. SEE ADDITIONAL PET POLICIES ON THE ADDITIONAL PROVISIONS ATTACHED. 

• SMOKING: Guests may only smoke outside of all buildings on the Property. Violators of this policy are subject to a minimum $500 cleaning fee and any cost associated with removing smoke from the property. Additionally, it is paramount that all our properties remain smoke butt/litter free and upon check-out must be found free of any smoke butt/litter. Guests will be charged $75.00 per hour cleaning fee to remove. 

• FIREWORKS: Fireworks of any kind, including but not limited to sparklers, firecrackers, aerial fireworks, and any other pyrotechnic devices, are strictly prohibited on or about the Premises at all times, regardless of whether permitted by applicable law. Any violation of this provision shall constitute a material breach of this Agreement and may result in immediate termination of the tenancy, expedited eviction if applicable, forfeiture of all amounts paid, and Guest shall be responsible for any fines, damages, losses, cleanup costs, or other expenses arising from such violation.

• THE GUEST SHALL: (1) Keep that part of the Premises he or she occupies and uses as clean and safe as the conditions of the Premises permit and cause no unsafe or unsanitary conditions in the common areas and remainder of the Premises; (2) Dispose of all ashes, rubbish, garbage, and other waste in a clean and safe manner; (3) Keep all plumbing fixtures in the Premises or used by the Guest as clean as their condition permits; (4) Not deliberately or negligently destroy, deface, damage, or remove any part of the Premises or render inoperable the smoke detector provided by the Owner, or knowingly permit any person to do so; (5) Comply with all obligations imposed upon the Guest by current applicable building and housing codes; (6) Be responsible for all damage, defacement, or removal of any of the property inside or at the Premises unless the damage, defacement, or removal was due to ordinary wear and tear, acts of the Owner or his or her Agent, defective products, acts of third parties not invitees of the Guest, or natural forces; (7) Notify the Owner and/or Agent of the need for replacement or repair to a smoke detector; (8) Shall not create or permit any nuisance to exist. Please respect the rights of the neighbors by restricting sound and noise to a reasonable volume. Guest agrees not to use the Premises for any activity or purpose that violates any criminal law or governmental regulation. A Guest’s breach of any duty contained in this paragraph shall be considered material and shall result in the termination of Guest’s tenancy.

Guests are liable for all damage to furnishings and the Property. Guests must report any damage found at the Property so that the Agent can hold the correct party responsible. Guest agrees to have all fees for damage to be charged to the credit card on file upon booking. If Guest is unwilling or unable to pay for damage caused by their group within 15 days from the Check-Out Date, the Guest will be responsible for the cost of repair in addition to the cost of all legal, attorney, and administrative fees incurred by the Agent required to collect the balance owed.

• MAINTENANCE: Lumina Property Group make every effort to assure that all equipment is in good working order; however, please understand that breakdowns do occur.  If you experience a problem, we ask that you call us immediately and our staff will work quickly to have the problem corrected as soon as possible. We are not responsible for the working condition or malfunction of equipment such as TV’s, stereos, air conditioners, appliances, etc. There will be no pro-rated rents, refunds, or relocations for mechanical failure, utility interruption, or construction in the area. After-hours repairs will be limited to emergency situations only.

• LOST AND FOUND POLICY: Lumina Property Group, and/or Owner are not responsible for personal property left behind, stolen, or damaged during your stay.  Every attempt will be made to locate lost items, but there is no guarantee that they will be found.  Upon check-out, PLEASE make sure and take all your belongings and check the Property carefully.  If you find that you have left something behind, please email our office at [email protected] and we will attempt to locate the items. There is a $15 service charge to pack, and mail returned items.  Items are held for 30 days and then are donated to charity. 

• TRANSFER OF PREMISES: a. If Owner voluntarily transfers the Premises, Guest has the right to enforce this Agreement against the Grantee (new Owner) of the Premises if Guest’s occupancy under this Agreement is to end 180 days or less after the new Owner’s interest in the Premises is recorded.  If Guest’s occupancy is to end more than 180 days after such recordation, Guest has no right to enforce the terms of this Agreement unless the new Owner agrees in writing to honor this Agreement. If the new Owner does not honor this Agreement, Guest is entitled to a refund of all advance rent paid by Guest (and other fees owed to third parties not already lawfully disbursed).  Within 20 days after transfer of the Premises, the new Owner or the new Owner’s agent is required to: (i) notify Guest in writing of the transfer of the Premises, the new Owner’s name and address, and the date the new Owner’s interest was recorded; and (ii) advise Guest whether Guest has the right to occupy the Premises subject to the terms of this Agreement or receive a refund of any payments made by Guest. If the new Owner engages Agent to continue managing the Premises after the transfer, the new Owner shall have no obligation under (i) or (ii) above if this Agreement must be honored under the Vacation Rental Act or if the new Owner agrees in writing to honor this Agreement. 

1.   Upon termination of the Owner’s interest in the Premises, whether by sale, assignment, death, appointment of a receiver or otherwise, the Owner, Owner’s agent, or real estate agent is required to transfer all advance rent paid by Guest (and other fees owed to third parties not already lawfully disbursed) to the Owner’s successor-in-interest within 30 days, and notify Guest by mail of such transfer and of the transferee’s name and address; however, if Guest’s occupancy under this Agreement is to end more than 180 days after recordation of the interest of the Owner’s successor-in-interest in the Premises, and the successor-in-interest has not agreed to honor this Agreement, all advance rent paid by Guest (and other fees owed to third parties not already lawfully disbursed) must be transferred to Guest within 30 days.

1.   If the Owner’s interest in the Premises is involuntarily transferred prior to Guest’s occupancy of the Premises, the Owner is required to refund to Guest all advance rent paid by Guest (and other fees owed to third parties not already lawfully disbursed) within 60 days after the transfer.

Licenses are non-transferable to another party without the express, written permission of Lumina Property Group. 

• INDEMNIFICATION AND HOLD HARMLESS; RIGHT OF ENTRY; ASSIGNMENT: Guest agrees to indemnify and hold harmless Agent and Owner to the extent allowed by law from and against any liability for personal injury or property damage sustained by any person (including Guest’s guests). This provision is not intended to insulate Owner from the obligation to comply with the duties imposed by the Vacation Rental Act.  Guest agrees that the Owner or their respective representatives may enter the Premises during reasonable hours to inspect the Premises, to make such repairs, alterations, or improvements thereto as Owner may deem appropriate or necessary pursuant to the Vacation Rental Act. Guest understands and accepts that Agent is retained by Owner to manage the Premises for rental purposes; Agent is not responsible to inspect, maintain or repair the structural integrity of the Premises. The owner will plan with other independent contractors for those purposes. Guest shall not assign this Agreement or sublet the Premises in whole or part without written permission of Agent. Agent assumes no liability for damages, expenses, or inconveniences due to loss of services out of its control and Guest hereby waives any such claim. 

• DISCLAIMER: Lumina Property Group acts only as an intermediary for the Owners providing accommodations, transportation, and services to Guest. Under no circumstances shall Lumina Property Group,  managing agents,  owners of rental,  and/or their respective  employees be responsible for any loss,  expense,  damages, claims or injury direct,  indirect,  consequential  or otherwise whatsoever, caused or incurred  whether arising   in contract,  or otherwise in  law  or equity as a result of rendering of the services  or accommodations  as described in this Agreement or as a result of any delay(s),  substitution(s), rescheduling(s)  or change(s)  in the services  or accommodations  arranged by Lumina Property Group. Additionally, Lumina Property Group, managing agents, rental owners, and/or their respective employees shall not be responsible for any loss, expense, damages, claims or injury direct, indirect, consequential, or otherwise caused by reason of military actions, acts of God, or by any agents, employees, subcontractors, servants, or services as provided or substituted. Lumina Property Group always will act in good faith and use its best efforts when required under this Agreement to substitute with accommodations or services of a type comparable to those contracted. Lumina Property Group reserves the right to refuse or discontinue service to any person(s) and/or to rescind any contract for accommodations or Guest services and Lumina Property Group will not be liable under any circumstances, including substitutions, to refund any unused portion of booked accommodations or services. Lumina Property Group, managing agents, rental owners, and/or their respective employees are not responsible for theft or damage of personal property and no refunds will be given for any such occurrences.  Guests and all occupants have been advised not to leave personal articles in locked vehicles, even if in the trunk; to always lock their vehicle; to always secure the rental. Guest acknowledges that, if all rental monies have been paid, the maximum recourse the Guest has against Lumina Property Group for any alleged breach of this Agreement is the amount of the rental paid or to be paid to Lumina Property Group arising out of this Agreement and hereby waive all additional claims it may have.

• APPLICABLE LAW: This Agreement shall be governed by and construed in accordance with the laws of the State of North Carolina. Any action or proceeding arising out of or relating to this Agreement or the Premises shall be brought exclusively in the county in North Carolina in which the Premises is located. Guest and all members of Guest’s party consent to personal jurisdiction, venue, and extraterritorial service of process in such courts.

• SEVERABILITY: Every provision of this Agreement is intended to be severable. If any term or provision hereof shall be declared illegal, invalid, or in conflict with North Carolina law for any reason whatsoever, or if the enforcement of any provision shall be waived, the validity of the remainder of this Agreement shall not be affected thereby.

• VIOLATION OF RENTAL AGREEMENT: Upon violation of the following terms and conditions, specifically any occupancy limits, substantiated parking, noise and trash complaints, the Guest is subject to immediate removal from the Property, a minimum $500 fine and cleaning fees. Additionally, Guest acknowledges that they may be subject to consequential damages as a result of their violation, including, without limitation, damages associated with Lumina Property Group’s inability to conduct short term rentals of the Property due to any permit revocation or suspension that may result from Guest’s use thereof.

• REFUNDS: There will be no refunds for early departures, for breakdowns of air conditioner, heater, appliances, etc., if said breakdown is due to weather and/or other conditions over which property owner (the “Owner”) and Lumina Property Group have no control. All signatories to this Agreement as Guests are jointly and severally responsible for the faithful performance of this Agreement. All payments made shall be applied to any outstanding balances of any kind including late charges and/or any other charges due under this Agreement at Lumina Property Group’s discretion. All late charges, interest, or bank fees, and any monies due under this Agreement are hereby defined as intended and considered to be additional rent.

• CANCELLATION AND TRANSFER POLICY: IT IS IMPORTANT FOR GUEST TO UNDERSTAND OUR CANCELLATION POLICY BEFORE MAKING YOUR RESERVATION. 

Guests may cancel within twenty-four (24) hours of making a reservation and receive a one hundred percent (100%) refund of all amounts paid, provided the reservation was not made within sixty (60) days of the scheduled check-in date.

Guests who cancel sixty (60) days or more before the scheduled check-in date will receive a one hundred percent (100%) refund of all amounts paid, less a cancellation fee of Two Hundred Dollars ($200.00).

Cancellations made fewer than sixty (60) days before the scheduled check-in date are non-refundable, and Guest shall forfeit all amounts paid, including Rent, taxes, cleaning fees, and any other charges comprising the Reservation Total.

Agent may, in its sole discretion, attempt to re-rent the Premises for the cancelled dates, but Agent shall have no obligation to do so and any successful re-rental shall not entitle Guest to a refund unless Agent expressly agrees otherwise in writing.

• LEAD BASED PAINT DISCLOSURE: In accordance with Federal Law, if the property was built before 1978, the following disclosure applies: 

1. Housing built before 1978 may contain lead-based paint. Lead from paint, dust, and soil may pose health hazards if not managed properly. Lead exposure is particularly harmful to young children and pregnant women.

1. Lumina Property Group, and/or Owner do not have any knowledge of any lead-based paint hazards in the property. 

1. Guest, by signing this agreement, acknowledges receipt of this disclosure and agrees to hold Lumina Property Group, and/or Owner harmless from any claims or damages arising from lead-based paint exposure during Guest’s stay. 

• ROOFTOP AND DECK WAIVER OF LIABILITY: The Guest accepts full responsibility and liability for the use of the rooftop deck and agrees to indemnify and hold harmless and release Lumina Property Group and the Owner from any liability for injuries or damages, including those arising from the ordinary risks associated with use of the rooftop deck, except to the extent caused by the gross negligence or willful misconduct of Lumina Property Group or the Owner. The Guest agrees to pay for any damage caused by occupancy or misuse and agrees to abide by all recommendations and instructions provided.

1. Rules for Rooftop Deck:
   1. Minors under the age of 18 must be accompanied by an adult or guardian at all times.
   2. Do not stand on or climb the deck railings or the roof.
   3. Do not hang items or throw any belongings over the railings.
   4. Grilling and smoking are strictly prohibited on the rooftop or deck areas.
   5. The rooftop deck is to be used only during safe weather conditions. Do not use the deck during storms, high winds, or any other weather events that may pose a risk.
   6. Please be mindful of noise levels and respectful of neighbors. Excessive noise is not permitted.

• POOL AND HOT TUB WAIVER OF LIABILITY: The Guest accepts full responsibility for the use of the pool and/or hot tub and agrees to indemnify and hold harmless and release Lumina Property Group and the Owner from any liability for injuries or damages, including those arising from the ordinary risks associated with use of the pool and/or hot tub, except to the extent caused by the gross negligence or willful misconduct of Lumina Property Group or the Owner. The Guest agrees to pay for any damage caused by occupancy or misuse and agrees to abide by all recommendations and instructions provided. The Guest understands that there is NO LIFEGUARD on duty and that children SHOULD NOT be left unattended in or around the pool/hot tub area. Glass is prohibited in and around the pool/hot tub area.

• DOCK WAIVER OF LIABILITY: The Guest accepts full responsibility for the use of the dock and agrees to indemnify and hold harmless and release Lumina Property Group and the Owner from any liability for injuries, including those arising from the ordinary risks associated with use of the dock, except to the extent caused by the gross negligence or willful misconduct of Lumina Property Group or the Owner. The Guest agrees to pay for any damage caused by occupancy or misuse and agrees to abide by all recommendations and instructions provided. Life jackets are recommended for all individuals using the dock, particularly children or non-swimmers. The Guest understands that use of the dock during severe weather, such as storms or high winds, is prohibited due to safety concerns.

• Service Animals:  Certain properties are designated as pet-free; however, service animals are permitted in all vacation rentals in accordance with applicable law. Service animals are not considered pets and are not subject to pet fees. A service animal, under this agreement, shall have the meaning provided under applicable law, including the Americans with Disabilities Act (ADA), which generally defines Service Animal as dogs that are individually trained to do work or perform tasks for people with disabilities. Dogs whose sole function is to provide comfort or emotional support do not qualify as service animals under the ADA. Per the ADA, when it is not obvious what service an animal provides, only limited inquiries are allowed. As such, staff may ask two questions: (1) is the dog a service animal required because of a disability, and (2) what work or task has the dog been trained to perform.

Guests are requested to notify Lumina Property Group at the time of booking if they intend to bring any animal to the Property, so that Lumina Property Group may appropriately prepare the Property and communicate any applicable rules or accommodations. 

Any animal brought onto the Property must remain under the control of its handler at all times. Guest remains responsible for any damage caused by an animal and for compliance with all applicable health and safety requirements. Guest remains responsible for the care, supervision, control of any animal brought onto the Property and for any injury, damage, or loss caused by such animal. Guest agrees to indemnify and hold harmless Lumina Property Group and Owner from claims, damages, costs, or expenses arising from the actions or conduct of the animal.