Reservation Information

Vacation Rental Agreement

Twiddy & Company of Duck Inc. (the “Agent and/or Twiddy & Company”) is the Agent for a VACATION HOME (the "Premises and/or property"), which is available for weekly or seasonal rental. The owner of the Premises (the “Owner”) has given the Agent the authority to enter into this Agreement (the "Lease"). This Agreement sets forth the terms under which You will lease the Premises 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, American Express, and the Discover Card if using a credit card. See paragraph 7 regarding payment due dates for reservations made outside of 30 days prior to arrival. For reservations made less than 30 days before arrival, full payment is due on the Reservation Date. 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 rent@twiddy.com or call one of the numbers above if You need to discuss Your payment(s). Taxes and fees are subject to change without notice.

DUE TO POSSIBLE CHANGES IN THE BEDDING, AMENITIES AND PRICING, PLEASE CHECK www.twiddy.com FOR THE MOST UP-TO-DATE INFORMATION ON THE PREMISES PRIOR TO SIGNING THE LEASE OR REMITTING PAYMENT .

*TRAVEL INSURANCE (Guest Protect Plan).

If you are signing this agreement electronically:

• To Accept Travel Insurance
• Select Yes! I want the Generali Global Assistance Guest Protect Plan.
• To Decline Travel Insurance
• Select I don't want the travel insurance. I have read, understand and agree to Twiddy's Cancellation Policy.

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 printed materials, web site, or third party 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 and/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) Private Pools/Heated Pools/Community Pools – Pool privileges are available only for those properties designated as such. Fees and availability for heated pools vary; (d) Occasionally, some pools in Dare and 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 pacemakers and other similar devices; (e) Due to the possibility of accident or injury, Owner prohibits children from using hot tubs, saunas, and/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 any time; (f) Agent 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, usage of subdivision amenities, 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. Agent is not liable for fees; (g) Agent has limited parking capacity to accommodate Your non 4WD vehicle(s). Weekly or Daily parking must be requested in writing prior to your arrival date for a nominal fee and may be subject to change.; (h) Agent is not responsible for any personal items left on the Premises including prior to occupancy and/or after check-out; and (i) the Premises is not guaranteed to be hypoallergenic. 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. Use and Tenant Duties. You must be at least 24 years of age to rent the Premises and to enter this Agreement. 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. Special events include but are not limited to things like wedding ceremonies and receptions, reunions, retreats, parties, and/or any other occasion for which attendance exceeds the home's maximum occupancy. 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, unrelated/non-family groups, and/or underage groups (below the age of 24) 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. A valid ID may be required prior to and/or at Check in and must be submitted to Agent upon request. Occupancy shall not exceed the maximum number allowable by law. Please contact Agent 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 You 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, carbon monoxide 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 You, or natural forces; (g) notify Agent in writing of the need of replacement of and/or repairs to a smoke detector, carbon monoxide detector if applicable, and replacing the batteries as needed during Your tenancy; (h) smoking, including e-cigarettes, is not permitted in homes designated as No Smoking; (i) outdoor fires on the Premises are prohibited other than in provided and established fire pits. Portable fire pits are not allowed. 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.
   
   
5. 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 Premises 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, (prior to Your Tenancy, at the time of or during Your tenancy) including, but not limited to, water, sewer, septic, heating, electrical, mechanical, ventilating, structural systems, pool, hot 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. Written notification from You that repairs are needed must be submitted to Agent at the time of or during your tenancy. 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 during Your tenancy. Neither Owner nor Agent shall be liable to You for damages and no refunds will be given for such temporary failure and/or You refuse repairs during your tenancy, provided the Agent or Owner is causing the system or amenity to be repaired in a commercially reasonable manner.
   
   
6. CHECK-IN/CHECK-OUT. You agree that check-in time is after 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 4:00 PM, but Agent cannot guarantee the exact time of occupancy. Once the premises is ready for your occupancy, you will be provided access. Id and payment verification may be required before you are provided access to the premises. You may contact our office to request an early check-in. You agree to pay a nominal fee for an early check-in in the event Agent is able to accommodate your request.
   
   
7. Payment. Unless otherwise agreed to in writing, Your Initial Payment is due in full within two (2) days from the Reservation Date. Final payment is due thirty (30) days prior to Your Arrival Date. Failure to remit either payment in full may result in loss of your payment(s) and the termination of this Agreement. In the event that You advise Agent in writing that You no longer want to perform Your obligations under this Agreement, Owner or Agent, in their sole and absolute discretion, will attempt to re-market the Premises. If the Premises fails to re-rent or rents for less than Your rental rate, You are responsible for the balance owed. If the Premises re-rents for the full value of Your rental rate, Agent will reimburse You for all monies owed (by original method of payment), including the Home Service Fee, less a $100.00 administrative fee. You, rather than Agent, are responsible for seeking reimbursement of any fees paid to any third parties for goods or services procured by Agent on your behalf.
   
   
8. Disbursement of Rent. 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.
   
   
9. 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. Pool heat fees are non-refundable. 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 Agent identifies as a "Home Service Fee".
   
   
10. 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(s) at TowneBank, 2 Juniper Trail, Southern Shores, NC 27949 and/or J.P. Morgan Chase, 4350 Congress Street, Charlotte, North Carolina 28209. 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.
    
    
11. Acts of God/Interruptions.  Neither Owner nor Agent shall be liable for any disturbance or interruption outside of their control which may interfere with your scheduled occupancy, including but not limited to Acts of God, acts of governmental agencies  (e.g. beach nourishment, condemnation, etc.), fire, strikes, terrorism, war, epidemics and/or pandemics, inclement weather, flooding, bugs, flying insects and other pests, 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 Premises within the Agent’s rental program or that of another program. Commercially reasonable efforts will be made to ensure that the replacement Premises is reasonably comparable. Agent shall have the sole right to select such replacement Premises. In that event, You will have the option to: (1) accept the replacement Premises and pay any additional monies that are owed, as the case may be or (2) reject the replacement Premises and receive a refund of all payments 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. You are entering into this Agreement in accordance with the North Carolina Vacation Rental Act and You understand that NO REFUNDS will be issued in the event You breach or attempt to cancel this Agreement.
    
    
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 Generali Global Assistance (coverage is available to U.S. residents only). 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, also includes identity theft assistance. 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=GR334. 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 Generali Global Assistance 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. If you purchase travel insurance, a description of coverage or policy will be sent to you to review the plan details. If you decide the travel insurance plan does not meet your needs, you may cancel your travel insurance plan and receive a full refund of your plan cost as long as you do so within the free-look period and you have not filed a claim or departed on your trip. Please refer to the terms and conditions of your policy document to determine the number of days of the free-look period within your state of residency. The policy becomes NON-REFUNDABLE after your free look period has elapsed. 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, sickness, 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 nor 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 during Your tenancy 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. For Vacation Homes permitting pets on the Premises, You agree that no pets are allowed in pools or hot tubs and a fee may be administered if discovered as such. You agree that Your pet(s) must be leashed or placed in safe keeping should Agent or its service staff access the Premises to inspect and make repairs. 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 including additional cleaning expenses caused by Your pet(s).
    
    
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 printed name 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 AGENT'S CANCELLATION POLICY IN PARAGRAPH 13.