Rental Agreement

Guest Confirmation Agreement

(Terms and Conditions)

1. Check-In: Check-in begins after 4:00 PM PST. on the day of arrival. Instructions for accessing your property will be emailed to you once we receive a signed Guest Confirmation Agreement from you and 3 days prior to check-in.

2. Checkout Time: Checkout is no later than 11:00 AM PST. on the departure date.

2.1 You understand that a confirmed booking of an Accommodation (“Accommodation Booking”) is a limited license granted to you by the Host to enter, occupy and use the Accommodation for the duration of your stay, during which time the Host (only where and to the extent permitted by applicable law) retains the right to re-enter the Accommodation, in accordance with your agreement with the Host.

3. You agree to leave the Accommodation no later than the checkout time that the Host specifies in the Listing or such other time as mutually agreed upon between you and the Host. If you stay past the agreed upon checkout time without the Host's consent (“Overstay”), you no longer have a license to stay in the Accommodation and the Host is entitled to make you leave in a manner consistent with applicable law. In addition, you agree to pay, if requested by the Host, for each twenty-four (24) hour period (or any portion thereof) that you Overstay, an additional nightly fee of up to two (2) times the average nightly Listing Fee originally paid by you to cover the inconvenience suffered by the Host, plus all applicable Guest Fees, Taxes, and any legal expenses incurred by the Host to make you leave (collectively, "Overstay Fees"). Overstay Fees for late checkouts on the checkout date that do not impact upcoming bookings may be limited to the additional costs incurred by the Host as a result of such Overstay. If you Overstay at an Accommodation, you authorize Peacock Property Holdings to charge your original payment method to collect Overstay Fees. A Security Deposit, if required by a Host, may be applied to any Overstay Fees due for a Guest’s Overstay.

4. Payment: Peacock Property Holdings requires full payment (100% of the total) to hold reservations. The Reservation Payment is payable immediately via credit card or Paypal. If payment is not received immediately, the booking can be canceled without notice. If funds are not available, the reservation can be canceled under the cancellation terms indicated below.

5. Property Inspections: All problems, including inadequate cleaning and damage, must be reported in writing to Peacock Property Holdings within 24 hours of check-in for prior guests to be held responsible. Peacock Property Holdings reserves the right to enter premises at any time for the purpose of effecting necessary inspections, repairs or maintenance.

6. Vacation Rental Damage Protection: Your reservation comes with a $59 Vacation Rental Damage plan that covers unintentional damages to the rental unit interior that occur during your stay, provided they are disclosed to management prior to check-out. The policy will pay a maximum benefit of $1500.00. Any damages that exceed $1500.00 will be charged to the credit card on file. If you damage the real or personal property assigned to your rental accommodation during the trip, the licensor will reimburse the lesser of the cost of repairs or Actual Cash Value of the property, up to $1500.00. Certain terms and conditions apply. By submitting payment for this plan, you authorize and request licensor to pay directly any amount payable under the terms and conditions of the Vacation Rental Damage. Lost or unreturned keys/garage openers may result in a $95 charge to the credit card we have on file.

6. Notification: It is Licensee's sole responsibility to inspect the Property upon arrival. In addition to inspecting the smoke detectors, Licensee agrees to inspect the entire Property to ensure that it is free of hazards and properly equipped. Licensee assumes the entire risk of injuries arising from use of the Property. Licensee will ensure that the Property has a secure shower or bath tub mat and that the Licensee takes reasonable measures to prevent slips in the bathroom, on staircases, steps, on balconies, and throughout the Property. The licensee agrees to take a higher degree of care in the use of the Property because of the age of the structures on the Property.

7. Occupancy: The maximum number of registered guests allowed in Peacock Property Holdings properties are as follows: Studio apartment, 4 guests; 1-Bedroom apartment, 6 guests; 2-bedroom apartment, 8 guests 1 Bedroom home, 6 guests; 2 bedroom home 8 guests; 3 bedroom home 8 guests. Children over the age of 2 are counted. Overcrowding or misrepresentation is grounds for immediate revocation of the license to the Property, and removal of Licensee without refund. Only the number of people stated in the reservation are allowed in the property. If more people than are stated in the reservation are present, a fee of $25/person/day will be assessed; the credit card on file will be charged.

Visitors are not permitted in the property without the express written consent of Peacock Property Holdings, and permitting that the total number of persons over the age of 2 does not exceed the maximum allowed and that said visitors vacate the property prior to 10 pm. each day. The Licensee is the person who will occupy the Property. Parents may not book Properties for their children. The Licensee must be present at the Property for the time of the reservation and take full responsibility for the Property. Small children are the sole responsibility of the Licensee. Some Properties are generally older, and not necessarily "child safe." Children should not roam free on balconies; climb on furniture; hang out of windows; or engage in other unsupervised activities. Some units are not fit for children under certain ages due to expensive and/or delicate furnishings and balconies with wide openings on the guard rail. Use is at your own risk. The licensee takes full responsibility for all lost or broken items and any damages to the property of any kind.

8. Restrictions on Property Use: Licensees are prohibited from engaging in any unlawful activity or any other activity that constitutes a nuisance. Violation of this provision will result in immediate eviction without refund, and licensee will be held liable for any damages to the Property, contents, and grounds. Contractual Agreement with Owner requires Peacock Property Holdings to only rent to legally and financially responsible persons over the age of 25. No parties are permitted in any property managed by Peacock Property Holdings. Violators will be removed from the Property immediately without refund, and prosecuted for damages and losses.

9. Pets: Pets are allowed on the property with the prior written consent of Peacock Property Holdings. Violation of the policy is grounds for immediate removal without refund.

10. Smoking Prohibited: All properties are non-smoking properties and any form of smoking is prohibited inside the properties. Evidence of smoking will result in a charge not less than $250.00 or the cost of remediation, whichever is greater.

11. Personal Property Loss: Licensees are solely responsible for personal property left in or about the Property. Peacock Property Holdings shall not be held liable under any circumstances for any damages to, or loss of property, theft, vandalism, or the use of or injury of any kind. If items are found in the unit following a guest departure, Peacock Property Holdings will hold the items for 48 hours. If items are not claimed in that time, they will be donated or disposed of. If guest requests items returned, they may either retrieve at them property or request that they are returned by shipping service of Peacock Property Holdings choice. If they are retrieved from the property same day by 4 pm, there will be no charge. If a Peacock Property Holdings employee must return to the property so that guest can retrieve the item, there will be a $50 labor/service charge, and is subject to availability. If guest requests item be returned by shipping, there will be a minimum handling charge of $100 for items weighing no more than 20lbs. Items over 20lbs will not be returned by shipping. Additionally, guest is responsible for and will also pay for packaging and actual cost of shipping. The credit card on file will be charged. All local laws apply. If item requires special handling or packaging beyond a standard sized box and bubble wrap, or what's otherwise available at shipment store, it will not be shipped. If item is considered dangerous or otherwise illegal it will not be returned. Peacock Property Holdings is not responsible for the condition of the item in any way.

12. Returned Checks: Licensee will pay a $50.00 returned check fee on each check returned to Peacock Property Holdings by Licensee's bank.

13. Cancellations and Changes in Reservations: Cancellations must be made 14 or more days prior to scheduled arrival in writing to receive a 100% refund of your payment. Cancellations less than 14 days in advance of the check-in date will receive a 50% refund. If you are a "no-show," you will forfeit the full amount of the reservation. We do not give credit for early departures or for inclement weather. If a change in reservation is requested, Peacock Property Holdings will make reasonable effort to accommodate the change, additional charges may apply. For changes that result in different reservation dates, the new reservation start date must occur within a 90-day period of the original start date. Change requests made within 14 days of arrival that result in a shorter stay will not result in a refund of monies.

14. Subletting and Assignment: Licensee may not sublet, sublicense or otherwise grant any rights to the Property. Licensee may not assign the agreement without Peacock Property Holdings prior written consent.

15. Property Use: The Property may not be used for any activity in violation of local, state or federal laws, or North Carolina Insurance rules and regulations.

16. Attorney's Fees: If Peacock Property Holdings and/or Owner consults legal counsel or professional collection service, for collecting any amounts due to Peacock Property Holdings and/or Owner under this Agreement, Licensee shall be responsible for all costs of litigation and/or collection in case of such, including actual attorney's fees.

17. Limitations on Rental: Peacock Property Holdings and or Owner will not be liable for circumstances beyond their control, including but not limited to appliances or air-conditioning/heating failure, other mechanical failures, unfavorable weather, disruption of utility services including cable television, Internet, streaming services, etc. There will be no relocation, rental pro-ration or refund in the event of such circumstances. In the event Peacock Property Holdings is unable to deliver the Property to Licensee because of property sale, property owner decision, fire, mandatory evacuation, eminent domain or Acts of Nature, or if the property is unavailable because of construction delays or lack of utilities, Licensee agrees that Peacock Property Holdings' sole liability, as a result of any of these conditions, will be a full refund of all payments tendered by Licensee. Licensee and Peacock Property Holdings agree that in case of double booking or occupancy by Owner, Licensee will be ONLY entitled to a full refund of all monies previously tendered by Licensee. If Peacock Property Holdings is able to relocate Licensee, Licensee agrees to pay the difference in rental amount, should Licensee accept alternate accommodations. Licensee expressly acknowledges that in no event will Peacock Property Holdings be held liable for any other condition out of the control of Peacock Property Holdings or the Owner, or for any incidental or consequential damages, including but not limited to, expenses that result from moving or for any other losses.

18. Tenancy: The Licensee acknowledges that this is NOT a tenancy for the Property. The Property is not rented for more than 30 days, and is taxed and treated as a transient occupancy, akin to hotel accommodations. Property laws do not apply to the license granted herein, and the Licensee may be removed as a trespasser immediately upon termination of this license. The Property is rented on regular short term periods, and for a significantly higher rate than a non-vacation rental. Often a licensee is scheduled to begin a vacation in the Property on the same day as the check-out day of another prior licensee. If Licensee stays even one additional day, Peacock Property Holdings would face significant logistical problems with the next licensee, including possible liability. As such, Licensee agrees to vacate immediately on the check-out day, at 11:00 a.m. Failure to do so will entitle Peacock Property Holdings, in addition to all other remedies available to it, to: have Licensee ejected by law enforcement as trespasser; and to physically remove Licensee and all of Licensee's possessions from the Property, for which Licensee hereby grants permission and consent; and obtain damages and injunctive relief against Licensee.

19. Indemnification: Licensee agrees to release and indemnify Peacock Property Holdings and Owner from and against all liability should anyone be injured upon the premises during the term of occupancy, resulting from any cause whatsoever, except in the case of personal injury caused by willful gross negligence on the part of the Owner or Peacock Property Holdings.

20. Owner Changes: Every effort is made to ensure all information on the web site and other documentation is accurate and complete. However, Peacock Property Holdings is not liable for errors, omissions, mistakes, price changes and any changes by the Owner in furnishings, equipment, bed arrangements and other accommodations.

21. Construction: Peacock Property Holdings may not be held responsible for failure to disclose information regarding construction outside the property boundaries.

22. Parking: Under this agreement, Licensee is responsible for parking in their assigned space (if available) and holds sole responsibility for ensuring that they are parked appropriately. Peacock Property Holdings is not liable for any parking fines incurred by licensee during their stay. Improper parking may result in towing at Licensee expense.

23. Relationship with Owners of Subject Property: It is hereby disclosed that Peacock Property Holdings has a contractual relationship with the Owners as the Owner's agent. This contractual relationship employs Peacock Property Holdings to forward information to the Owner, act according to Owner's directions and treat all parties honestly, fairly, and in good faith. All rentals are subject to confirmation by Owner. Licensee agrees that Peacock Property Holdings will not be liable for damages caused by decision of the Owner.

24. Effective Date: Notwithstanding anything to the contrary, this Occupancy Agreement is binding and effective when no signature is required, and Licensee's affirmative assent to the terms is expressed by Licensee's reservation of the unit. If Licensee desires to terminate this agreement due to lack of assent, he/she must do so within three days of the date the reservation was made.

25. Governing Law: The terms and conditions stated herein will be interpreted by and governed under the laws of the State of North Carolina and any action arising out of this agreement shall be litigated in the county of Union, State of North Carolina.

26. Attorney's Fees: In the event of any action or proceeding commenced by any party, the prevailing party in such action or proceeding shall be entitled to recover from the other party all cost and expenses thereof, including actual attorney's fees and cost.

27. Invalid Provisions: If any provision of this Agreement is held to be illegal, invalid or unenforceable under present or future laws effective during the term hereof, such provision shall be fully severable and this Agreement shall be construed and enforced as if such illegal, invalid, or unenforceable provision had never comprised a part hereof; and the remaining provisions hereof shall remain in full force and effect and shall not be affected by the illegal, invalid, or unenforceable provision or by it's severance hereof. Furthermore, in lieu of such illegal, invalid, or unenforceable provision there shall be added automatically as a part of the Agreement a provision as similar in terms to such illegal, invalid, or unenforceable provision as may be possible and still be legal, valid, or enforceable.

28. Entire Agreement: This Agreement sets forth the entire understanding of the parties and supersedes all prior agreements or understandings, whether written or oral, with respect to the subject matter hereof. No amendment or modification hereto shall be binding unless made in writing and signed by the parties hereto.

29. Waiver: The waiver by either party hereto of a breach of any term or provision of this Agreement shall not operate or be construed as a waiver of a subsequent breach of same provision by any party or of the breach of any other term or provisions of this Agreement.

30. Mail / Package Delivery: Mail and Package delivery is not available to the residence. We do not accept responsibility for mail or packages delivered to the home. We recommend you make arrangements to set up a temporary mailbox at either a UPS store location, local post office or an amazon locker.