Please Note - Bluewater Vacation Rentals:

1. requires guest to complete additional Vacation Rental Agreement within 24 hours after booking;
2. requires guest to provide a valid email address to receive the Vacation Rental Agreement, check in instructions, and other reservation related information;
3. reserves the right to deny stays less than 7 nights, if the arrival date is more than 30 days out from the booking date. Stays less than 7 nights, with an arrival date between mid-April to mid-October, are strictly prohibited unless approved by management.

BLUEWATER VACATION RENTALS TERMS AND CONDITIONS:

1. BLUEWATER VACATION RENTALS GUEST PORTAL: For your convenience, you can now access Guest Portal by going to our direct website and selecting Login at the top right, then choosing "Guest". In order to log in, you must use the Email you have on file with us for your reservation. If you have not yet provided us with your direct email, please include it on the reservation notes when booking your reservation or through Airbnb messages for our records to ensure safe and guaranteed delivery of communications with our Vacation Specialists. You will also need the Arrival Date for your reservation in order to Log In to Bluewater's Guest Portal. Our Guest Portal is a secure site so you can conduct business with us 24/7. You can contact us with questions about your existing reservation as well as view your reservation details and Check In/Check Out information.

2. CANCELLATION TERMS: Should Tenant have to cancel for any reason, you must contact Airbnb directly to cancel your reservation. Read more about Airbnb's Cancellation Policy here: https://www.airbnb.com/help/article/169. Once Airbnb has cancelled the reservation and that information has been sent to Bluewater, Bluewater will initiate cancellation and any applicable refund as needed based on the days remaining until arrival: a. For cancellations made within 24 hours of booking. the Tenant will receive a full refund from Airbnb including the service fee. If check in is within 7 days, this option is waived. b. For cancellations made more than 60 days prior to arrival, the Tenant will receive a refund of 50% every night. There is no refund of Airbnb's service fee. c. For cancellations within 60 days prior to arrival, the reservation is non-refundable.

Reservations cannot be reinstated after cancellation. If you purchased travel insurance through Airbnb, please contact Airbnb for assistance.

3. TRAVEL INSURANCE: Travel insurance is offered directly by Airbnb - see https://www.airbnb.com/help/article/3443. Please contact Airbnb for details and questions. a. EVACUATIONS: Per N.C.G.S. 42A-36; A vacation rental tenant who is occupying or plans to occupy a vacation rental property located in an area in which a mandatory evacuation has been ordered must evacuate and refrain from occupying the vacation rental property until the mandatory evacuation is lifted. Under such conditions, evacuation by all persons is required; it is not optional. Agent reserves the right to prepare property during your occupancy for impending danger at their discretion to include but not limited to installation of storm shutters and securing all outdoor items. Contact Airbnb for Travel Insurance coverage details for voluntary evacuations, storm warnings or watches.

4. CHECK-IN/CHECK-OUT: Check in begins at 4pm on the day of arrival. Check out is by no later than 10am on the day of departure. Complete instructions will be provided via email prior to your arrival.

5. DAMAGE TO THE PROPERTY: Experience tells us accidents can and will happen while you are on vacation. Tenant is responsible for immediately reporting any property damage to the Agent. Some charges may apply if departure procedures are not followed (see section 16). While Bluewater does not require a security deposit, for any stays less than 30 days, Tenant is still responsible. Damages will be automatically billed to the credit card on file, and Tenant will not be released from liability for damage due to the following but not limited to: a. Intentional, willful, reckless, or malicious acts of the Tenant or others on the premises during the tenancy. b. Excessive damage by pets. c. Theft from the premises of the owner’s property. d. Gross negligence of Tenant or intentional misuse of furnishings, appliances, equipment, or other amenities provided within the home. e. Damage caused while under the influence of alcohol or drugs. f. Damages to real property resulting from operation of any motorized vehicle by a Tenant. g. Damages related to smoking/ vaping as smoking/ vaping is prohibited at all Bluewater Properties. h. Damages related to tampering with “Irrigation Systems and Controls” or “Audio / Video / Internet wiring or component programming” within a property. i. Deliberately or negligently destroying, defacing, damaging, or removing any part of the Premises or rendering inoperable the smoke detector or pool alarm, if applicable, provided by the Owner, or knowingly permitting any person to do so. j. Damages to the property and the systems of the property due to windows and doors being left open. Due to our naturally humid climate, leaving windows and or doors open is detrimental to the integrity of the property.

6. PARKING: Parking is limited at most properties. Most condo complexes allow parking for two vehicles per rental unit and may require you to check in at an on-site office. Some condominium complexes require parking passes that will be issued at check-in. Cottage parking is limited to the driveway area only (parking on grass is never allowed unless specified by the owner). No motor homes or campers are allowed on the property. a. Electric Vehicle Charging/Parking: If electric vehicle charging is provided at your rental, it will be noted in your contract. ABSOLUTELY NO CHARGING OF ELECTRIC VEHICLES is allowed at properties without designated electric vehicle charging stations. Tenants will be subject to a fee of up to $2,500 charged to the credit card on file if found to be charging an electric vehicle where no charging station is provided.

7. FAMILY GROUPS: Agent is authorized to rent only to family groups, unless both parties agree in writing to occupancy by a non-family group or for a special event. Only certain homes host special events and require an additional signed Event Contract. Special events include, but are not limited to: wedding ceremonies, rehearsal dinners, wedding receptions, corporate retreats and any other gathering with attendance above the occupancy limit of the property. Agent considers You hosting a special event without Agent’s prior consent or knowledge a material breach of this Agreement. In that instance, You agree to immediately pay an amount equal to the Special Event Fee in the amount of $2500 plus any other amount you may be responsible for. You should contact Agent directly for more information. Agent will not rent to school or civic groups or fraternities even if chaperoned by adults. Use Of the Premises by Fraternities, Sororities or Unrelated Groups Under 25 Years of Age Is Strictly Prohibited and You agree that, in the event Owner or Agent discovers same, that ANY AND ALL FUNDS COLLECTED AS RENT will be considered LIQUIDATED DAMAGES to cover losses, expenses and damages of the Owner and Agent for You taking the Premises off the market. Groups renting under false pretenses will be evicted under the Expedited Eviction Act of NC without refund. Over-occupancy is considered a SERIOUS BREACH of this lease. Hosting parties, RV’s or campers, and subletting are not permitted and are Grounds for Eviction.

8. ACCOMMODATIONS & FURNISHINGS: All rental properties managed by Agent are privately owned and furnished by each Owner according to their taste. Kitchens come stocked with adequate cookware and dinnerware. Beds have mattress pads, bedspreads, and pillows. You will need to bring all paper products (including toilet paper), soaps, staple and personal items and linens (unless linens provided) including kitchen linens. Agent offers the opportunity for Tenant to rent linens and towels, beach gear, etc. No refunds will be made for items missing or inadequacies but every effort will be made to replace missing or broken items or to repair any damages.

9. PET POLICY: Most owners do not allow pets on their property, including on the decks or in the yard. If the property you have rented does not allow pets and you are found to have an unauthorized pet at any property (such as but not limited to cats or undisclosed dogs) a non-refundable $375 + tax pet fee per pet and additional cleaning fee of up to $950 + tax will be charged to the credit card on file. If the property you have rented allows pets, either through the “All Inclusive Pet Policy” or by payment of a pet fee, the property description will provide the details on the home's pet policy including the pet fee and/or limitations for pets. Dogs are the only pets allowed in any property. In most cases, no more than 2 dogs are allowed. Properties allowing dogs are limited to adult, housebroken dogs. Unauthorized dogs and/or dogs beyond the property's policy limitations will incur a non-refundable $375 + tax pet fee per pet. Your failure to notify Agent that a dog will be present on the premises, your failure to disclose the correct number of dogs, and/or your failure to pay the appropriate pet fee will be grounds for eviction without any refund of rent paid and/or payment of an additional non-refundable $375 + tax pet fee per pet at Agent's discretion. Tenant shall be responsible to ensure they clean up after their pets (i.e., picking up waste from property grounds). Should Tenant fail to do so, an additional fee of $100.00 will be charged to the payment method on file. Tenant agrees to disclose the breed, age and weight of each dog, and agrees that the Agent may refuse to allow pet occupancy on any of those grounds. Pets are not allowed in pools or hot tubs. “Leash laws” apply and the law requires that you clean up after your pet. Tenant shall be responsible for any property damage and any personal injury caused by any pet that is on the premises, and any future rent lost because of pet-caused damage. Tenant agrees to hold Agent and Owner harmless from and against any claim for property damage or personal injury caused by any pet that is on the premises.

10. CONDITION OF PROPERTY: Agent makes every effort to provide accurate information about the rental property. The Vacation Guide and Internet site provide pricing, descriptions and recent pictures of all properties. Please remember that you are making an agreement with the Agent for an individually owned property. You cannot be moved to another property if you are not satisfied with your choice upon arrival. If you have a guest with particular needs, i.e. handicapped or severe allergies, please note that Agent will do it’s best to answer questions but will not be held responsible for inaccuracies. Upon arrival, please notify us immediately if you do not find the property clean so that we can remedy any matters, however, absolutely no refunds will be made. Agent will make every effort to satisfy the requirements of each Tenant. If we have not heard from you within one hour of check-in, we will assume that you are satisfied with the cleanliness of the home. If you check in after hours, please call before 10 am on the following morning to report cleanliness issues. Each Tenant has certain rights entitling them to a fit and habitable property as described in N.C.G.S. 42A-17(b).

11. REPAIRS & SERVICE CALLS: Please notify Agent immediately if damages are noticed or a repair is in order. Repairs are prioritized, and some items may take longer to address. All efforts will be made to expedite needed repairs, but no refunds will be made for mechanical failures of air conditioning, elevator, appliances/electronics, or interruption/loss of utilities (including cable TV / Internet) or Homeowner Association advertised amenities such as, but not limited to, indoor / outdoor pools / spa, fitness center, or tennis courts. Authorized repairmen have the legal right to enter the property as required to accomplish needed repairs even if the service call was made prior to your arrival. There will be a $50.00 fee for providing entry to guests that lock themselves out of their vacation home during non-business hours.

12. PERSONAL ITEMS: Items left by Tenant upon departure are not the Agent’s responsibility. Discovered lost items will be catalogued and the information posted on the Chargerback site, you will receive an email regarding the description of the items and instructions on payment. Tenant shall utilize the ChargerBack site to pay all shipping, handling and postage for all returned items prior to the items being shipped. Bluewater provides the Lost and Found Service as a courtesy; however we do reserve the right to charge a fee up to and including $50 for additional services required to retrieve your item(s).

13. POOLS, HOT TUBS, BOATS, GOLF CARTS, & ELEVATORS: If the Property is equipped with a community or private golf cart, boat, pool, hot tub, or elevator, Tenant hereby accepts and agrees to the following: a. Tenant shall ensure use in a safe manner at all times and that juvenile use is supervised by an adult. b. Unsafe and/or unsupervised use by Tenant or Tenant’s guests shall permit Agent to terminate Tenant’s occupancy of the Property IMMEDIATELY WITHOUT NOTICE. c. Tenant shall indemnify and hold Agent (its officers, employees, agents and equity holders) and the Owner of the Property harmless from and against any and all liabilities, claims and expenses for personal injury or property damage resulting from unsafe and/or unsupervised use by Tenant or Tenant’s guests. d. See paragraphs 21 and 22 of this agreement for disclaimer information. PLEASE NOTE: Refunds will NOT be given for any of these items that may be non-functioning. Elevators: Every effort is made to repair in a timely manner. Should your party misuse the elevator, you may be charged for a service call and may be without elevator service during your stay.

14. DECKS, STAIRWAYS & WALKWAYS: Tenant acknowledges and understands that improper use of a deck, stairway or walkway can be very dangerous and must be avoided. Therefore, Tenant hereby accepts and agrees to the following: a. All Temporary Structures Prohibited. Tenant agrees not to place or use any temporary structure of any type whatsoever on any deck on the Property, including but not limited to any blow-up pool or spa. b. Deck Occupancy Limitations. Use of a deck, stairway or walkway by an excessive number of people, especially groups of people concentrated in a small area, can cause the structure to collapse, resulting in potentially serious injury and even death. Tenant therefore agrees:

• Bluewater cannot warrant the amount of weight any deck may support. Tenant shall in no event permit occupancy of a deck, stairway or walkway at the same time by a number of people exceeding the permitted number of occupants for the Property (2 per bedroom).
• In addition, Tenant shall not permit groups of an excessive number of people, even if it is equal to or less than the permitted number of occupants, to congregate in any small, concentrated area of any deck, stairway or walkway for any purpose whatsoever, including but not limited to, posing for a group photo. c. Immediate Termination. Use of a deck, stairway or walkway in violation of this paragraph shall permit Agent to terminate this Agreement IMMEDIATELY WITHOUT NOTICE. d. Indemnity. Tenant shall indemnify and hold Agent (its officers, employees, agents and equity holders) and the Owner of the Property harmless from and against any and all liabilities, claims, and expenses for personal injury or property damage resulting from unsafe use of a deck, stairway, walkway or any other area on the Property, whether in violation of subparagraphs a) or b) of this section 15 or as a result of any other unsafe use.

15. DEPARTURE DUTIES: Tenant must leave property in an orderly condition per the property departure check list which includes all dishes washed and put away, all food removed from refrigerator, all trash removed from home, and outdoor grills cleaned. Failure to abide by this provision will result in extra cleaning charges charged to Tenant. If home allowed pets, please remove pet hair from carpets and upholstery. If Tenant rented linens from Agent or if linens were provided with the property, they must be removed from beds and put in the provided duffel bag then placed near the main entrance. The duffel bag will be in the laundry area or kitchen. If tenant is unable to locate the duffel bag, linens should be bundled together and placed near the main entrance. LEAVE MATTRESS PADS, COMFORTERS, BLANKETS AND DECORATIVE ACCESSORIES, SUCH AS SHAMS, ON THE BEDS.

16. TRANSFER OF THE PROPERTY. If the Owner sells your vacation rental property, this Agreement is valid if the confirmed reservation dates end within 180 days of the sale. If the vacation rental ends after 180 days of the sale, the new Owner has no obligation to honor the terms of this agreement unless he agrees in writing to honor the agreement. If the Owner does not honor the Agreement, Agent will work with Tenant to find a suitable replacement vacation rental property, or the Tenant is entitled to a full refund.

17. INDEMNIFICATION AND HOLD HARMLESS: You agree to indemnify and save harmless the Owner and Agent for any liabilities, theft, damage, cost or expense whatsoever (including but not limited to attorneys’ fees) arising from or related to any claim or litigation which may arise out of or in connection with Your use and occupancy of the Premises including but not limited to any claim or liability for personal injury, damage or theft of property or theft of property or infringement of intellectual property rights (e.g., illegally downloading video, audio or text files via any internet service located at the Premises) which is caused, made, incurred or sustained by You as a result of any case, unless caused by the grossly negligent or willful act of Agent or the Owner, or the failure of Agent or the Owner to comply with the Vacation Rental Act. Neither Agent or Owner are providing any other warranty of any kind, except as otherwise expressly provided herein, whether written or oral, statutory or contractual, express or implied, including, without limitation, THE WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR USE, which are hereby expressly excluded. The terms “Agent” and “Owner” as used in this Agreement shall include their heirs, successors in interest, assigns, employees, agents, and representatives where the context requires or permits. The terms “Tenant,” “You,” and “Your” as used in this Agreement shall include Tenant’s heirs, successors, assigns, guests, invitees, representatives and other persons on the Premises during Your occupancy (without regard to whether such persons have authority under this Agreement to be upon the Premises), where the context requires or permits.

18. RIGHT OF ENTRY: You agree that Agent may enter the Premises during reasonable hours to inspect the Premises, to make such repairs, alterations or improvements, and/or replace air filters thereto as Agent may deem appropriate, or to show Premises to prospective purchases or tenants.

19. ADDITIONAL PROVISIONS/DISCLOSURES: a. Tenant acknowledges that Agent may have an ownership interest in some properties. b. Agent is paid a commission on the Travel Insurance, and may also receive commissions from other vendors. c. Rearranging of the furniture is not permitted nor moving indoor furniture outside. d. Grilling shall not be allowed on decks, porches or close to the house and Tenant is responsible for leaving the grill clean. e. Please note that some properties may not offer local telephone service. If having local telephone service is required, please check with one of our Rental Agents prior to arrival. Where offered, telephone service is provided by the Property Owner. f. If a telephone is available on the Property, Tenant shall be responsible for all toll or internet calls. g. Tenant acknowledges that construction may be ongoing at adjoining or nearby properties. Neither Agent nor owner is responsible for any objectionable noise or activity related to the same. h. Henna Tattoos nor Fireworks are allowed on premises and Tenant will be held liable for any damage or replacement to include carpeting, bedspreads, furniture, decking, etc. Most fireworks are illegal in North Carolina. i. The Town of Emerald Isle has adopted a new ordinance that requires all unattended beach equipment (including shade tents, canopies, volleyball nets, chairs, umbrellas, etc.) be removed from the beach each night. All unattended items left on the beach between 7:00 PM and 8:00 AM are now illegal and will be confiscated and removed by town staff. j. Every effort has been made to assure the information on the website, in the brochure and communicated by our Agents is correct, however, it is not guaranteed. The website will contain the most up to date information, however, Agent cannot be held responsible for changes made by Owners such as decor or bedding, unintentional misrepresentation or printing errors; and no refunds will be made for such. Due to state regulations regarding septic permits, some information presented may be inaccurate as the availability of these permits is limited. Every effort has been made to ensure all information is accurate and specific guidelines of the Carteret County Health Department have been followed. Agent shall not be liable for unintentional errors, omissions, or changes in the advertisement of bedrooms and occupancy. The information herein is believed to be accurate and timely, but no warranty as such is expressed or implied. k. Internet Service is not offered in all properties, please check the property information on our website, or call one of our Rental Agents if you have questions. Where offered, Internet Service is provided by the Property Owner. Bluewater is not an Internet Service Provider (ISP), and as such, Bluewater does not warrant that the available Wireless or Wired Internet Service will perform at a particular speed, bandwidth or data throughput rate, or will be uninterrupted, error-free, secure, or free of viruses, worms, objectionable content, or the like. PLEASE NOTE: Refunds will NOT be given for Internet Service outages. You expressly assume all risk and responsibility for use of the Internet Service. l. Tenant will be held liable for extra cleaning charges and for damages caused by smoking/ vaping inside any property. Extra cleaning charges will be automatically billed to the credit card on file for the reservation. Extra cleaning fees start at 25% (twenty-five percent) of the base rent and may exceed that amount depending on the damage and property’s condition.

20. PROPERTIES WITH A PRIVATE POOL AND/OR HOT TUB: By executing this Vacation Rental Agreement you are agreeing to the following terms; a. POOL: Tenant is responsible for the proper care of swimming pool. Pool use is “At Your Own Risk”. It is a parent or guardian’s responsibility to watch children at all times during pool use. Children must not be left unattended during pool use. No diving into the pool is ever allowed since serious injury, paralysis or even death could occur. Damage to the pool itself due to tenant misuse will result in additional charges to the tenant. For properties where the Pool Heat option can be added, refer to the property description for details on fee and type. Pools heated with heat pumps are weather dependent and pool heaters will not work if the temperature falls below 55 degrees. b. HOT TUB: Tenant is responsible for proper care of Hot Tub. Hot Tub occupancy must not be exceeded. Hot Tub must be covered when not in use to retain heat. Do not sit on hot tub cover or use it for storage. Damage to cover or Hot Tub due to misuse will result in additional charges. Please do not set Hot Tub thermostat higher than 104 degrees. Due to high temperatures, Hot Tubs are not to be used by small children or pregnant women. Children should not be left unattended. It is not wise to sit in the Hot Tub longer than 15 minutes at a time.

• It is imperative everyone (adults and children) shower before entering the Pool and/or Hot Tub to remove sand and suntan lotion from their feet, hands and body. The Pool and/or Hot Tub is maintained by the owner’s preferred contracted vendor. If you have questions regarding the Pool and/or Hot Tub, please contact our office. Agent makes no representation or warranty about the safety of Pools, Hot Tubs, or surrounding areas. Agent shall not be liable for any claim, injury, or damage relating in any way to the use of Pools, Hot Tubs, or surrounding areas. Pool and Hot Tub use is at your own risk. Tenant agrees to defend, indemnify and hold harmless both the owners of subject property and their Agent, Bluewater Real Estate, from and against all liability, loss, damage, claims or actions (including costs and attorney fees) for bodily injury, paralysis or death and/or property damage, to the extent permissible by law, arising out of or in connection with the misuse of Pool and/or Hot Tub.

21. PROPERTIES WITH RECREATIONAL AMENITIES: You and your guest, acknowledge that the use of any recreational amenities such as but not limited to golf carts, kayaks, bikes etc. is "At Your Own Risk." By entering into a rental contract, you agree to hold Bluewater and the Owner harmless from and against any and all claims or damages resulting from accidents involving any recreational amenities. Bluewater and the Owner are not liable for any damages or bodily harm incurred with guests' use of recreational amenities. You understand that there is no insurance of any type of on these recreational amenities. You also agree to pay for any damage done to these recreational amenities.

22. PEST CONTROL: Our tropical environment and weather conditions can create inconveniences with bugs/ rodents. Our owners are required to have Pest Control Service. Should you experience any issues, we can arrange for a service call, but no refunds will be granted for anything related to bugs, rodents, or other pests.

23. TAXES: Should any government agency, local, county, state, or federal, change or add a new tax prior to occupancy and required to be collected by Agent, guest will be required to pay prior to occupancy.

24. DISPUTES: This Agreement shall be governed by and interpreted in accordance with the laws of the State Of North Carolina, and shall be treated as though it were executed in the County of Carteret, State of North Carolina. Any action relating to this Agreement shall be instituted and prosecuted only in the Carteret County Superior Court, North Carolina. You specifically consent to such jurisdiction and to extraterritorial service of process. You shall be responsible for all legal fees and court costs incurred by Agent and Owner in the enforcement of their rights or Your obligations under this Agreement.