Please read the full agreement below (scroll inside the box). Your dates are held for 24 hours while the owner reviews your request. Your stay is confirmed only after the owner approves it and your first payment is received through Square.
Stay OBX Vacation Rental Agreement
Version October 27, 2026
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.
1. Parties, property and acceptance
This agreement is between the owner of the condo named in your reservation ("Owner") and the person who requests the booking ("Guest"). It covers a short-term vacation rental only and creates no other tenancy.
| Condo | Unit | Sleeps |
|---|
| Turtle Tides | Sea Walk, Unit 9 | Up to 4 |
| Starfish Wishes | Sea Walk, Unit 2 | Up to 2 |
Both condos are at 2035 S. Virginia Dare Trail, Kill Devil Hills, NC 27948.
The Guest accepts this agreement by checking the agreement box and typing their full name when requesting a booking on the Stay OBX website. That typed name is the Guest's electronic signature. The agreement becomes binding only after the Owner approves the request and the first required payment is received.
Owner: each condo is owned by its own company: Turtle Tides LLC (Turtle Tides) and Starfish Wishes LLC (Starfish Wishes). The Owner is the company for the condo named in the Guest's reservation.
2. Reservation, payment and taxes
A booking request holds the dates for 24 hours while the Owner reviews it. The Owner usually approves requests quickly. If the Guest has not heard back within 24 hours, there may be a problem with the booking system, so please email [email protected]. Once approved, the Guest has 72 hours to make the first payment, or the dates are released.
| Arrival is… | Due when approved | Balance due |
|---|
| More than 90 days away | $200 deposit (part of the rent, applied to the total) | 90 days before arrival |
| 90 days away or less | Full total | Nothing further |
- Price: the nightly rates shown at booking, plus 12.75% North Carolina and Dare County sales and occupancy tax. There are no cleaning, service or other fees.
- How to pay: by card through Square, using the secure link on the Guest's reservation page.
- Late balance: if the balance is not paid by its due date, the Owner may cancel the reservation under Section 3.
- Where payments are held: Square deposits payments to the Owner's own business account at First-Citizens Bank & Trust Company, 11776 West Broad Street, Henrico, VA 23233. Before the stay, the Owner uses no more than 50% of the rent, and all tax money is held until the stay ends.
- Security deposit: none is collected. All payments under this agreement are rent and taxes.
3. Cancellation
By the Guest: once a reservation is confirmed, all payments are non-refundable if the Guest cancels, for any reason. The only exceptions are the refunds North Carolina law requires (Section 4, and military deployment or relocation orders under N.C. Gen. Stat. § 42A-37) and an Owner cancellation (below).
Cancellation requests must be made in writing (email). A Guest who leaves early receives no refund for unused nights. Reservations cannot be moved to other dates.
Unpaid balance: if the Guest does not pay the balance by its due date, the Owner may cancel the reservation and keep the $200 deposit, after one written reminder.
By the Owner: if the Owner must cancel for any reason other than a Guest breach, the Guest receives a full refund of everything paid.
Refunds are returned to the card used, through Square, within 14 days.
4. Mandatory evacuation and unavailable property
Mandatory evacuation: if state or local authorities order a mandatory evacuation that covers the property, the Guest must comply. Under N.C. Gen. Stat. § 42A-36, the Guest is then entitled to a prorated refund of rent, taxes and other payments for each night they cannot occupy the property. The Owner does not offer travel or evacuation insurance, so this refund applies in full.
Dare County entry restrictions: if Dare County officially closes entry to non-residents for any nights of the stay, the Guest receives a refund for those nights. This does not include traffic, bridge delays or other temporary road closures.
Travel insurance: the Owner does not offer travel insurance, but strongly encourages Guests to buy it from an outside company, since cancellations are otherwise non-refundable.
Property not available: if the condo is not fit to live in when the stay begins (for example, storm damage or a failed major system) and no comparable substitute is accepted by the Guest, the Owner refunds all payments, as Chapter 42A requires.
Problems during the stay: the welcome book explains how to use the TVs, Wi-Fi, fireplace and other equipment, and the Guest agrees to follow it, including checking the TV input (HDMI) settings before reporting a problem, and agrees not to unplug, move or rewire the TVs or other equipment. The fireplace operates only during the winter months. If something is truly broken or not working after following the welcome book, the Guest must tell the Owner as soon as it is discovered, so it can be fixed during the stay. The Owner will arrange repairs of real equipment failures as soon as reasonably possible. Internet and cable are run by outside providers, and the pool and coin laundry are run by the Sea Walk homeowners association, which sets their seasons and hours. The Owner cannot guarantee any of these will be open or working at all times. Problems caused by how equipment is operated, short service outages, and problems reported only after the stay are not grounds for a refund. A serious problem that makes the condo unfit to stay in is handled as North Carolina law requires.
Weather, travel and beach conditions: rain, wind, storms, rough surf, swim warnings, beach or ocean-access closures, traffic delays, and temporary road or bridge closures are outside the Owner's control and are not grounds for cancelling without penalty or for a refund. The only exceptions are a mandatory evacuation, a Dare County entry restriction, or a condo that is not fit to stay in, all covered above.
Insects: the condos are cleaned and treated for pests regularly, but insects are common at the ocean, and an occasional bug is not a sign of an infestation or grounds for a refund. To help, please keep food sealed or refrigerated, rinse dishes, take trash out to the dumpster (to the left of the exit onto Beach Road), and keep doors and screens closed. If the Guest sees signs of an ongoing pest problem, they should tell the Owner right away so it can be treated.
5. Occupancy, age and check-in
- Responsible guest: the person booking must be at least 18 years old and must stay at the condo for the whole reservation.
- Maximum guests: Turtle Tides 4, Starfish Wishes 2, including children. Only the guests listed on the reservation may stay overnight. Daytime visitors are welcome, as long as they follow the house rules and the Guest is responsible for them.
- Check-in: 4 PM. Checkout: 10 AM. Late checkout is not available. Guests who stay past 10 AM may be charged $100 per hour after a 30-minute grace period, because the cleaners need to get in on time for the next guest. Early check-in only with the Owner's written approval.
- Access: both condos are on the top floor, reached by approximately 36 stairs. There is no elevator. Please consider this before booking if anyone in your party has difficulty with stairs or will need help carrying luggage.
What's provided: a startup kit with one set of sheets and a blanket for the queen bed, one towel and washcloth per registered guest, and starter supplies (toilet paper, paper towels, hand soap, dish soap, dishwasher pods, trash bags). At Turtle Tides, linens for the sleeper sofa are available on request; please ask before arrival. Please bring beach towels. The building has a seasonal coin laundry.
6. House rules
- No pets. Service animals as defined by law are welcome; emotional-support animals and pets are not.
- No smoking or vaping of any kind, inside the condo or on the decks. If signs of smoking are found, the Guest will be charged the cost of cleaning carpets, upholstery, air ducts and filters, and air purification.
- No grilling anywhere on the property, including the decks, as required by the Kill Devil Hills Fire Department.
- No subletting. The condo may be used only by the Guest and the guests listed on the reservation.
- Furniture and linens: please do not move furniture out of the condo or rearrange it without the Owner's written OK, and do not take furniture, linens or towels to the beach.
- No parties or events.
- Quiet hours: 10 PM to 8 AM, out of respect for neighbors.
- Community rules: the Guest follows the Sea Walk association's rules for parking, the pool and beach access.
- Decorative bedding: remove the decorative pillows and bedspread before using the bed, and store them in the closet tote. Please do not sit on the decorative pillows.
- Heating and cooling: keep doors and windows closed while the system is running.
- Checkout: complete the checkout tasks in the condo's welcome book and leave by 10 AM.
Breaking the rules: minor rule breaches may result in cleaning or repair charges (Section 7) but do not end the stay. The following are serious breaches that end the Guest's tenancy: more guests staying overnight than allowed, smoking or vaping, bringing a pet, holding a party, grilling, deliberately damaging the property, illegal activity, or booking with false information. The Owner will give at least 4 hours' notice to leave, and the Guest may be removed under North Carolina's expedited eviction procedures (N.C. Gen. Stat. Chapter 42A, Article 4). Those procedures also apply if the Guest stays past checkout or does not pay rent when due.
7. Damage, entry and general terms
- Damage: the Guest is responsible for damage beyond normal wear caused by the Guest or their visitors, and for extra cleaning caused by a rule breach. The Owner will send an itemized list with photos within 14 days after checkout. After the Guest has had a chance to respond, the Owner will send a Square invoice, which the Guest agrees to pay within 14 days. Charges will reflect the actual, reasonable cost of the repair, replacement or extra cleaning, with receipts available on request.
- Missing items: the cleaners take inventory after each stay. If something is missing, the Owner will contact the Guest first in case it was packed by mistake. Items not returned are charged at replacement cost.
- Items left behind: the Owner will contact the Guest and ship them on request, at the Guest's expense.
- Owner entry: the Owner or their repair or cleaning staff may enter at reasonable times for repairs or emergencies, with notice when possible.
- Abandonment: if the Guest leaves before the reservation ends without notice and abandons the condo, the Owner may re-enter and remove any belongings left behind.
- Liability: the Guest uses the condo, pool, decks and beach access at their own risk. Decks, stairs, walkways and the beach access can be wet, sandy or uneven, so please take care. The Owner is not responsible for lost or stolen belongings.
- Governing law: this agreement follows the North Carolina Vacation Rental Act (Chapter 42A) and other North Carolina law. If any part is invalid, the rest still applies.
- If the condo is sold: the Guest's rights follow N.C. Gen. Stat. § 42A-19. The new owner must honor stays that end within 180 days after the sale is recorded. For later stays, the Guest receives a full refund unless the new owner agrees in writing to honor the reservation.
- Whole agreement: this agreement, the reservation details and the house rules are the entire agreement. Changes must be in writing, which includes email.
Acceptance: by checking the agreement box and typing their full name on the Stay OBX booking form, the Guest confirms they have read and agree to this agreement.
