Foscoe Rentals Rental and Privacy Policies

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 GUESTS. 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: is any time after 3:00pm. Please schedule your travel time to arrive after 3:00pm. The property may not be ready if you arrive earlier, and Foscoe Rentals (hereinafter the “Agent”) will not grant any refunds, credits, or late checkouts if you arrive before the required time. During holidays and busy seasons, Check-In time may vary. If Check-In time is changed you will receive an update, by email, a minimum of 24 hours before your arrival. This updated information will override ALL posted, standard times. Any balances due will be charged to the card on file the day of arrival. You may call the office before noon on your arrival date to make alternative arrangements for payments.

Keyless Entry Access Code: Your door access code will be emailed and texted to you after 3pm the day prior to your arrival. Your specific code will allow access starting at 3pm of your check-in date unless an early check-in has been requested and approved. Directions to your rental property will be emailed.

Please be patient if you encounter any inconveniences. We will respond as soon as possible and will rectify all things within our control. Examples of inconveniences which are not within our control, and which do not warrant any refunds include but are not limited to: breakdown of electronics, hot tubs or appliances; outages of utilities, including internet service; construction taking place in the area; insects/bugs, chipmunks, mice, etc. inside the property; inclement weather, poor ski conditions or hazardous roads. We will do our best to ensure the property is cleaned and sanitized before your arrival. If you have any issues, please contact our office immediately. No refunds will be granted for unsatisfactory housekeeping, but every reasonable effort will be made to accommodate your needs.

2 CHECKOUT: is at 10am. Unless a late checkout has been approved by Foscoe Rentals, your door code will be deactivated at 10:15am and housekeeping may arrive to begin cleaning. Late checkouts are only available if requested and approved prior to 5pm the day before checkout (latest checkout available is 12:00pm and if approved door code will deactivate at that time). Staying later than your confirmed checkout will result in a $75/hour charge (minimum $75 charge).

If guests are renting in a gated community and a key fob/bracelet to access the amenities is provided in the property it must be returned to the same location in the property or guests will be financially responsible to replace item for homeowner.

Guest is responsible for following all provided procedures upon checkout. Guest understands they may not leave any cigarette/cigar butts or loose trash anywhere inside or outside the property. Guest will be held financially liable for any damages or extra cleaning that may occur from not properly following checkout procedures. Extra cleaning results in a minimum of $25/hour cleaning fee. Purchasing the VRPP does NOT negate guest from following checkout procedures.

Checkout Procedures:

-During winter months, leave heat on 60 degrees (if there are no #'s on the thermostat, set at 11 o'clock)

-If used, air conditioner should be turned off

-All trash bagged and removed from property- See “Important Property Information” email with exact location of disposal

-All dirty towels should be placed in a bathtub or shower and linens should be left on the beds

-All dishes put in dishwasher and turned on… no dishes should be left dirty in the sinks, etc.

-All food and condiments removed from property including refrigerator and freezer

-All lights, TVs, etc. turned off

-All doors and windows closed and locked

-If your property has a charcoal grill or wood fireplace, we ask that it be cleaned, and ashes put in supplied ash bucket

-If your property has a propane grill, please clean after use

3 PAYMENT INFORMATION: Visa, MasterCard, Discover, AMEX, Cash, Checks, E-Checks, Cashier’s Check and Money Orders are accepted. There is a $25 banking fee to reimburse a credit card and charge a different credit card. All reservations are subject to a $25 reservation fee, processing fee, applicable taxes, any applicable amenity fees, 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 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. Guest’s balance must be paid in full to take possession of the rental property.

4 DAMAGE DEPOSIT OPTIONS:

1. The Vacation Rental Property Protection Plan (VRPP) is $35 for up to 30 days and $50 for stays 31 days or more, plus applicable taxes. The VRPP Plan covers accidental, reported damage due from inadvertent acts or omissions to the property up to $3000, excluding pet damage. Damages not reported to Agent will be charged to the credit card on file. A credit card must be provided. Agent will provide a full description of the coverage detailing the terms, conditions and responsibilities of guest and Agent. If guest does not receive a description of coverage upon purchase of the plan it is guests responsibility to let Agent know. Agent does receive compensation for selling the VRPP Plan.

2. A Refundable Damage Deposit is a fee that ranges from $200-$700 depending on the property. The damage deposit will NOT be refunded at checkout. A refund check will be sent to the name and address on the reservation after departure date (unless captured for cleaning, damages, etc.) and may take up to 45 days.

5 Cancellation and Travel Insurance:

Cancellation Request by Guest

1. Cancellations Less Than 30 Days Before Arrival:

• If you cancel your reservation less than 30 days before the arrival date, Foscoe Rentals will try to re-rent the property.

• If the property is re-rented for the same period (in full): You will receive a refund of your advance rent payment, minus a $50 cancellation fee.

• If the property is not re-rented for the same period: You will not be entitled to any reimbursement for the advance rent payment.

2. Cancellations More Than 30 Days Before Arrival:

• If you cancel your reservation more than 30 days before the arrival date, you have two options:

• Option 1: Apply your payment to a future stay at the same property within the next year.

• Option 2: Follow the terms for cancellation less than 30 days before arrival (#1 above).

3. Reimbursement of Fees:

• You will be reimbursed for any fees paid to Foscoe Rentals for goods, services, or benefits procured from third parties that have not been paid out before cancellation.

• For any fees already paid to third parties, you must seek reimbursement directly from those third parties.

4. VRBO/Homeaway Reservations:

• Cancellations for reservations made through VRBO/Homeaway will adhere to the specific cancellation policy posted on those third-party websites.

Travel Insurance

Vacation Rental Insurance has been made available with your reservation. Vacation Rental Insurance provides coverage for the loss of prepaid, non-refundable expenses due to certain unforeseeable circumstances that may jeopardize your vacation investment and force you to incur unplanned expenses. Trip Cancellation and Trip Interruption coverage is available for events such as a sickness or injury of yourself, family member or traveling companion; flight delays due to adverse weather; interruptions of road service; terrorist acts; and mandatory evacuations. The plan also includes other valuable coverages such as Baggage Delay and Emergency Assistance and Transportation in addition to useful services such as identity theft, concierge and 24/7/365 emergency assistance. We strongly recommend you purchase this valuable protection. Additional terms and conditions apply; please read your Plan documents carefully and contact Generali Global Assistance at 866-999-4018 with coverage questions.

6 PETS: Agent offers a few select properties that allow a maximum of two dogs. If guest brings dog(s), a non-refundable pet fee plus tax is charged. Detection of a pet in an unspecified rental property will result in expedited eviction (guest will have 4 hours until departure is required) and a minimum $150 fee will be charged (additional cleaning fees may apply). Agent welcomes service animals in all properties; guests will be asked the task or service the animal performs per ADA guidelines. Comfort and therapy animals are welcome in pet friendly properties only. No pets are allowed in any of the gated communities.

7 MAXIMUM OCCUPANCY: Maximum occupancy must be strictly adhered to. Occupancy count does include children. Exceeding the occupancy limit set for your rental property is grounds for eviction and additional fees of $75 per extra person, per day may apply.

8 PROPERTY PROVISIONS: All rental properties are set up with towels and linens. Please see the separate attached Vacation Checklist for full list of items provided.

9 CONTRACT: Someone 25 years of age or older must sign rental contract and be present during the full rental period. Contract needs to be signed and returned to rental office as soon as possible. If guest does not receive rental contract, it is guest’s responsibility to let Agent know. However, payment of money or taking possession of the property after receipt of the agreement is evidence of guest’s acceptance of the agreement.

10 ACCOMMODATION RULES: 1) All properties are non-smoking. If smoking is detected upon inspection of the rental property after departure a minimum $100 fee for ionization/air purification will be charged. 2) No campers, mobile properties, tents, or campfires are allowed at any property. 3) House parties are strictly prohibited and may result in expedited eviction. Any complaints filed with the police or sheriff’s department against guest will result in expedited eviction. 4) Grilling is only permitted at properties that provide grills and NO turkey fryers are allowed at any property. Propane refills are the guest’s responsibility. 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) Guest is responsible for complying with building’s rules and regulations. 7) Guest must not move furniture or décor in rental properties. A $25 fee per hour will be incurred and charged if Agent has to move any furniture or décor back into place after guest’s departure.

11 EQUIPMENT FAILURE and OTHER INCONVENIENCES: Agent will make a reasonable effort to provide any special amenities (such as hot tubs, whirlpools, satellite TV, air condition, etc.) are in good working order and repair them during the tenancy upon notice from guest, but given the difficulty of repairs to such amenities, guest understands that Agent can make NO guarantees that any such amenities will be working during the entire tenancy; and that the guest 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.

12 AGENT DUTIES/RIGHT OF ENTRY: If, at the time the guest 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 guest all payments made by the guest. Section 42A-31 of the VRA outlines all requirements of rental agent. Agent shall conduct all brokerage activities regarding this Agreement with respect to the race, color, religion, sex, national origin, handicap, or familial status of any guest. Right of Entry: guest 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 guests.

13 GUEST DUTIES and EXPEDITED EVICTION: Guest 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 guest 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 guest uses. Dispose of all ashes, rubbish, garbage, and other waste as directed in the property. 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 guest 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 guests by current applicable building and housing codes. Be responsible for all damage, defacement, or removal of any property that is in guest'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 guest (and other fees owed to third parties not already lawfully disbursed) to the landlord's successor-in-interest within thirty days, and notify the guest 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 guest must be transferred to the guest within thirty days. If the landlord's interest in the property is involuntarily transferred to another prior to the guest's occupancy of the property, the landlord shall refund to the guest any payment made by the guest 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. Guest may be evicted under such procedures if guest: -Holds over in possession after guest's tenancy has expired. -Commits a material breach of any provision of this agreement (including any addendum hereto) that according to its terms would result in the termination of guest's tenancy. -Fails to pay rent as required by this agreement. -Has obtained possession of the premises by fraud or misrepresentation.

14 TRANSFER OF RENTAL PROPERTY BY OWNER: If the property is voluntarily transferred by landlord, a guest 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 guest 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 guest 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 guest in writing of the property transfer, the grantee's name and address, and the date the grantee's interest was recorded.- Advise each guest 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 guest of whether he or she has the right to receive a refund of any payments.

15 DISBURSEMENTS OF RENT AND THIRD-PARTY FEES: Guest authorizes Agent to disburse up to fifty percent (50%) of the rent to Owner (or as the owner directs) prior to guest's occupancy of the Premises, and the balance of the rent upon the commencement of the tenancy, a material breach of this Agreement by guest, or 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. Guest also authorizes Agent to disburse prior to guest's occupancy of the Premises any fees owed to third parties for 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.

16 TRUST ACCOUNT: Any advance payment made by guest shall be deposited in a Trust Account with First Horizon bank located in Boone, NC. Guest 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

17 LIABILITIES: Agent is a property management real estate agency that rents privately owned properties for individual owners. You, the guest, or renter, are the paying guest of the property owner. Neither the Agent nor the Owner is responsible or liable for any loss of the renter’s 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.