Twiddy & Company of Duck Inc. (the “Agent and/or Twiddy & Company”) is the property manager of a VACATION HOME, which is available for weekly or seasonal rental. The owner of the property (the “Owner”) has given the Agent the authority to enter into this Agreement. This Agreement sets forth the terms under which You will lease the VACATION HOME through the Agent.
Agent accepts payment by personal check, e-check, cash, certified check, money order or credit card. We accept only US funds drawn on a US bank and only MasterCard, Visa and the Discover Card if using a credit card. All payments are due 30 days prior to arrival. For reservations made less than 30 days before arrival, full payment is due within 24 hours of booking. Payments made within 30 days of your arrival must be by cashier’s check, money order, e-check or credit card. Personal checks are not accepted within 30 days of arrival and e-checks are not accepted within 14 days of arrival. Guests who did not provide an e-mail address at the time of booking should expect their Agreement to be sent by standard mail within 7 business days. Please contact Agent via e-mail at [email protected]
DUE TO POSSIBLE CHANGES IN THE BEDDING, AMENITIES AND PRICING, PLEASE CHECK www.twiddy.com FOR THE MOST UP-TO-DATE INFORMATION ON THE RENTAL PROPERTY PRIOR TO SIGNING THE LEASE.
*TRAVEL INSURANCE (Guest Protect Plan).
If you are signing this agreement electronically:
IF YOU DECLINE TRAVEL INSURANCE YOU WILL NOT BE COVERED IN CASE OF A MANDATORY EVACUATION N.C.G.S. 42A-36.
1. THIS IS A VACATION RENTAL AGREEMENT UNDER THE NORTH CAROLINA VACATION RENTAL ACT N.C.G.S 42A AND THE NC SECURITY DEPOSIT 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. TWIDDY WILL CONDUCT ALL ITS ACTIVITIES IN REGARD TO THIS AGREEMENT WITHOUT RESPECT TO THE RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, GENDER IDENTITY, NATIONAL ORIGIN, AND HANDICAP OR FAMILIAL STATUS OF THE GUEST OR ANY OTHER PARTY TO THIS AGREEMENT.
2. Agent, as agent of the Owner, hereby rents to You and You hereby rent from Agent, the Premises in accordance with the terms and conditions contained in this Agreement, including, but not limited to, the time period during which You are entitled to use the Premises, check-in and check-out times, and payment of the rental amount and other fees. In the event that any term of this Agreement varies from any term set forth in the Agent’s rental brochure or web site (including, but not limited to, the rental amount), the term specified in this Agreement shall govern absent written confirmation of a change. The information set forth above is incorporated into this Agreement by reference.
3. IMPORTANT DISCLOSURES: (a) Agent hereby discloses to You that Agent is acting for and represents the Owner; (b) If the Premises has a private well, it is so noted above. Homes with private wells occasionally experience low pressure, salty, distasteful or discolored water. There may be an unpleasant odor of sulfur. Some guests choose to use bottled water for drinking purposes even though the water is potable. 4WD areas may have more prevalent water problems, even in homes with water filter systems; (c) Occasionally, some pools in Dare & Currituck Counties may experience a mild ground current. Generally, this is not caused by a pool defect or the household electrical system, but appears as a result of the earth’s own natural electrical current. Certain properties may be affected more than others and the current tends to be intermittent in nature. Please be advised, however, that this may affect the operation of pace makers and other similar devices; (d) Due to the possibility of accident or injury, Owner prohibits children from using hot tubs or operating elevators. Also, the chemicals used to keep hot tubs sanitary may cause fading in some swimsuits and some individuals may experience mild skin rashes. For your safety, chemical dispensers shall not be removed at anytime; (e) Twiddy does not have sufficient excess parking capacity to accommodate guests with non 4WD vehicles; (f) Twiddy has no control over individual subdivision rules and regulations. Each subdivision is governed by a unique set of policies and guidelines with regards to such items as early check-in, on-street parking, storage of recreational vehicles, utility trailers, etc. For more information regarding these issues you should contact your home’s subdivision directly for further information; (g): Private Pools/Heated Pools/Community Pools – Pool privileges are available only for those properties designated as such. Fees and availability for heated pools vary; and (h) Twiddy is not responsible for any personal items left on the Premises. For the most current information you are directed to Agent’s web site, www.twiddy.com or contact Agent directly. If You have questions or concerns related to occupancy, please contact Agent.
4. CHECK-IN/CHECK-OUT: You agree that check-in time is no earlier than 4:00 PM (unless prior arrangements have been made and agreed to in writing) and check-out time is no later than 10:00 AM. Agent will use commercially reasonable efforts to have the Premises ready for Your occupancy at check-in time, but Agent cannot guarantee the exact time of occupancy. In the event You return to the Premises without the consent of the Agent after turning in the keys and checking out, a fee equal to the rental rate for one (1) day will be assessed to You. In the event that you request an early check-in, and Agent can accommodate the request, You agree to pay a $110.00 early check-in fee plus tax.
5. Payment Due Dates. You shall pay the Initial Payment to Agent within two (2) days from the Lease Date, or the reservation will be automatically canceled without notice. You shall pay to Agent the Final Payment on or before thirty (30) days prior to the Arrival Date. If the Final Payment is not received by Agent on or before thirty (30) days prior to the Arrival Date, this Agreement is subject to immediate cancellation. In such event, Agent will attempt to re-rent the property for the Term. Your right to receive a refund of the Initial Payment Due will be governed by Paragraph 13 of this Agreement.
6. Disbursement of Rent. You authorize Agent to disburse up to fifty percent (50%) of the Total Rent set forth on Page 1 to the Owner (or as the Owner directs) prior to Your occupancy of the Premises, and the balance of the Total Rent upon the commencement of the tenancy, or upon a material breach of this Agreement by You, or as otherwise permitted under the Vacation Rental Act. You agree to pay a $25.00 processing fee for any check that is returned by the financial institution due to insufficient funds or otherwise. You also authorize Agent to disburse, prior to Your 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 You, including, but not limited to any fees set forth herein payable to Agent for reservation, transfer or cancellation of Your tenancy. Taxes and Security Deposit, if applicable, shall not be disbursed from the trust account prior to termination of the tenancy or material breach of this Agreement by You, or except as a refund to You. Upon written request to Agent, You will be provided with an accounting of funds relating to this Agreement. In the event of a rental overpayment, Agent will send you a check for the overage amount together with a letter requesting that you promptly cash the check. In the event, however, that you do not cash the check within 90 days you agree to forfeit the funds and Agent agrees to donate the overage to a charitable organization of its' choice.
7. Fees for Arranging Services. Agent will retain for its benefit any commissions, rebates, volume discounts, referral fees and related charges on third-party products, supplies or services arranged for You. These include, but are not necessarily limited to, the Travel Insurance, equipment supplies, rentals, linens and towels, pool/hot tub/spa service, etc. Fees for heated pools will not be prorated if the amenity is requested after check-in. A nominal cleaning charge will be added to your reservation which Twiddy identifies as a "Home Service Fee". In the event of a cancellation, the Home Service Fee will be refunded.
8. Trust Account. The Initial Payment, the Final Payment, any Security Deposit, if applicable, and any other fees and deposits, will be deposited into Agent’s interest-bearing trust account at TowneBank of Currituck, 5531 North Croatan Highway, Southern Shores, NC 27949. YOU AGREE THAT SUCH DEPOSITS 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.
9. Use and Tenant Duties. The use of the Premises is restricted to use by You and Your family, unless both parties agree in writing to occupancy by a non-family group or for a special event. Only certain homes host special events. 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 liquidated damages. You should contact Agent directly for more information. The term “family” as used herein means parents, grandparents, children and extended family members vacationing at the Premises. Use Of the Premises by Fraternities, Sororities or Unrelated Groups Under 24 Years of Age Is Strictly Prohibited and Lessee agrees 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 Lessee taking the premises off the market. Occupancy shall not exceed the maximum number allowable by law. Please contact Twiddy & Company directly for further information. You agree to comply with all obligations imposed on you by the Vacation Rental Act with respect to maintenance of the Premises, including but not limited to, the following: (a) keep the Premises 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 that You use; (b) dispose of all ashes, rubbish, garbage, and other waste in a clean and safe manner; (c) keep all plumbing fixtures in the Premises or used by the Tenant as clean as their condition permits; (d) not deliberately or negligently destroy, deface, damage, or remove any part of the Premises or render inoperable the smoke detector or pool alarm, if applicable, provided by the Owner, or knowingly permit any person to do so; (e) comply with all obligations imposed upon the Tenant by current applicable building and housing codes; (f) be responsible for all damage, defacement, or removal of any property inside the Premises that is in Your control unless the damage, defacement, or removal was due to ordinary wear and tear, acts of the Owner or Owner’s agent, defective products supplied or repairs authorized by the Owner, acts of third parties not invitees of the Tenant, or natural forces; and (g) notify Agent in writing of the need of replacement of and/or repairs to a smoke detector, and replacing the batteries as needed during the tenancy. You agree not to use the Premises for any activity or purpose that violates any law or governmental regulation and may use the Premises for residential purposes only. Your breach of any duty contained in this paragraph after commencement of tenancy shall be considered material, and shall result in the termination of Your tenancy with NO REFUND OF RENT. FIREWORKS OF ANY NATURE WHATSOEVER ARE STRICTLY PROHIBITED.
10. Duties. Owner agrees to provide the Premises to You in a fit and habitable condition. If, at the time of occupancy, Owner cannot provide the Premises in a fit and habitable condition or reasonably cure same or substitute a reasonably comparable property in such condition, then Agent shall refund to You all payments made by You. In the case of a cure wherein the Premises sustains a failure of a system or amenity, (at the time of or during the tenancy) including, but not limited to, water, sewer, septic, heating, electrical, mechanical, ventilating, structural systems, pool, hot tub, whirlpool tub, entertainment equipment, Internet or Internet access or other facilities or major appliances, Agent shall promptly repair in a commercially reasonable manner and time such system or amenity upon receipt of written notification from You that repairs are needed. You agree to permit Agent or its service staff to have reasonable access to the Premises to inspect and make such repair in a commercially reasonable manner and time. Neither Owner nor Agent shall be liable to You for damages and no refunds will be given for such temporary failure, provided the Agent or Owner is causing the system or amenity to be repaired in a commercially reasonable manner after having received written notification from You that repairs are needed.
11. Acts of God/Construction Noise. Neither Owner nor Agent shall be liable for events beyond their control which may interfere with Your scheduled occupancy, including but not limited to Acts of God, acts of governmental agencies, fire, strikes, terrorism, war, inclement weather, including flooding and construction noise from nearby sites. NO REBATE OR REFUND will be offered in these circumstances.
12. Construction. In the event that Your reservation for the Premises is under construction, whether new construction, remodel or repair, at the time of your scheduled occupancy, Agent reserves the right to relocate You to a different property within the Agent’s rental program or that of another program. Commercially reasonable efforts will be made to ensure that the replacement property is reasonably comparable to the Premises. Agent shall have the sole right to select such replacement property. In that event, You will have the option to: (1) accept the replacement property and pay any additional monies that are owed, as the case may be or (2) reject the replacement property and receive a refund of all rents and fees paid for the Premises. You hereby agree that Your choice between these alternatives will be Your sole remedy for any and all damages, liability or inconvenience arising out of the construction as defined herein.
13. Cancellation/Breach. In the event of: (i) Your cancellation of this Agreement or (ii) a material breach of any provision of this Agreement by You, including, but not limited to, Your failure to remit the Final Balance Due, You shall receive a refund of all payments made by You (less a cancellation fee of $100.00 and Travel Insurance, if applicable) but only if the Premises is re-rented on the terms set forth herein (refund issued by original payment method). (In such an event, Agent may, in its sole and absolute discretion, reduce the rental amount without notice. In this case, the guest canceling their reservation is financially responsible for this reduction and their refund will be reduced by the affect of such reduction.) If the Premises is not re-rented, Agent shall seek an amount sufficient to defray the actual damages suffered (i.e. Owner may, in its sole and absolute discretion, pursue to the fullest extent of the law the original balance owed) as a result of the cancellation or material breach. Whether or not the Premises are re-rented, You, rather than the Agent, shall be responsible for seeking reimbursement of any fees paid by You to Agent for goods, services, or benefits procured by Agent from third parties for the benefit of You that may have been paid out prior to Your cancellation. In the event of a cancellation, the Home Service Fee will be refunded.
14. Transfer of Premises. (a) In the event that the ownership of the Premises is voluntarily transferred prior to Your occupancy, You have the right to enforce this Agreement against the new owner of the Premises if Your occupancy under this Agreement is to end 180 days or less after the transfer of ownership is recorded. If Your occupancy is to end more than 180 days after such recordation, You have 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, You are entitled to a refund of all advance rent paid (and other fees owed to third parties not already lawfully disbursed). If your rights are otherwise affected under the Act, Agent agrees to notify you accordingly and conduct itself in accordance with the terms and conditions as set forth in the Act.
15. Travel Insurance.You may elect to purchase the Guest Protect Plan, a travel insurance plan offered through CSA Travel Protection (not available for Quebec residents). This plan includes coverage for trip cancellation, trip interruption and travel delay, emergency medical expenses, baggage delay and loss, rental car damage coverage, as well as access to emergency assistance services. Insurance coverage is subject to limitations, exclusions, terms and conditions. A complete Description of Coverage / Insurance Policy can be found at www.csatravelprotection.com/certpolicy.do?productclass=G-332CSA. If You wish to accept this plan, You must check the designated area on Page 1 of this Agreement which states that Travel Insurance is desired. If You wish to decline this plan, You must check the designated area on Page 1 of this Agreement which states that Travel Insurance is not desired. This Agreement is not intended to serve as a substitute for the policy or to define any of the policy terms or provisions. All questions concerning coverage or claims should be directed to CSA Travel Protection at 1-866-999-4018. If State or local authorities order a mandatory evacuation of an area that includes the Premises, You shall comply with the order and you may be entitled to compensation from the travel insurance company. You will not be eligible for compensation if you do not purchase travel insurance prior to your trip. Travel Insurance is NON-REFUNDABLE and NON-TRANSFERABLE. See N.C.G.S. 42A-36 for your rights regarding mandatory evacuation.
16. Expedited Eviction. A material breach of this Agreement by You, which, in the sole determination of the Owner or Agent, results in damage to the Premises, personal injury to You or others, a breach of the peace, a nuisance to others, or a violation of law or local code, shall be grounds for termination of Your tenancy. If the tenancy created hereunder is for 30 days or less, the expedited eviction procedures set forth in the Vacation Rental Act will apply. You may be evicted under such procedures if You: (i) hold over in possession after Your tenancy has expired; (ii) commit a material breach of any provision of this Agreement that according to its terms would result in the termination of Your tenancy; (iii) fail to pay rent as required by this Agreement, or (iv) have obtained possession of the Premises by fraud or misrepresentation.
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 cause, 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 thereto as Agent may deem appropriate, or to show Premises to prospective purchasers or tenants.
19. Assignment. You shall not assign this Agreement or sublet the Premises in whole or part without written permission of Agent.
20. Pets. Unless otherwise specifically permitted in this Agreement, no pets shall be allowed on the Premises. Your breach of this provision shall be considered material, and shall result in the termination of Your tenancy. You agree to be immediately responsible for any damages caused by Your pet(s). Homes are not guaranteed to be hypoallergenic.
21. 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 Dare, State of North Carolina. Any action relating to this Agreement shall be instituted and prosecuted only in the Dare 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.
22. Miscellaneous: You agree and have verified that for purposes of this vacation rental agreement that Your confirmation number shall serve as Your electronic signature and to be bound by same and in the same manner as if You had otherwise ordinarily executed the document. This Agreement, together with the attachments referenced herein and attached hereto, constitutes the entire agreement between the parties relating to the subject matter hereof, and supersedes all prior written oral negotiations, representations, or agreements. No modification of this Agreement shall be binding on either party unless it is in writing signed by both parties. Each section, subsection or paragraph of this Agreement shall be deemed severable and if for any reason any portion of this Agreement is unenforceable, invalid or contrary to any existing or future law, such unenforceability or invalidity shall not affect the applicability or validity of any other portion of this Agreement. For all purposes hereunder, facsimile or electronic signatures shall be deemed to be originals and such signatures shall be given the same effect as would an original signature. THE PARTIES ACKNOWLEDGE THAT THEY HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS, INCLUDING TWIDDY’S CANCELLATION POLICY IN PARAGRAPH 13.