Advance Property Holds
Current-year guests are given the first opportunity to pre-reserve the same home and time frame for the following year. The same home and time frame is held for current-year guests until
What is the cost to book an Advance Property Hold?
A non-refundable fee of $50.00 pre-reserves the home until the lease is sent in the Fall. At that time, the initial payment is required to confirm the reservation. Please note that the $50.00 fee is not applied to the rental fee.
Select homes have a fee higher than $50.00. This higher Advance Property Hold fee is listed the home's description. This fee is non-refundable, non-transferable and holds the home off the market until the lease is sent. At that time, the initial payment is required to confirm the reservation. A portion of the Advance Property Hold fee over $50.00 is applied to the rental fee. Please contact our office for more details.
How do I book an Advance Property Hold?
Time is of the essence when requesting Advance Property Holds! For current-year guests interested in holding the same home for the same week next year, it is best to place your hold and make payment while still on the Outer Banks. If this is not convenient, guests should either book online by using the link in the email sent to the leaseholder or call our office by the Monday following departure. On
To place an Advance Property Hold, please book online or call our office at (866) 457-1190.
Is the Advance Property Hold fee refundable?
Advance Property Holds are not reservations, but tentative holds that are subject to the following conditions: 1) the availability of the home in Twiddy's rental program; 2) the reserved dates being available; 3) the execution of a lease, including the receipt of all applicable rents and fees, etc. In the event that either the home is not in Twiddy's rental program or if the reserved dates are not available, Your Advance Property Hold fee will be refunded. In any other case, the Advance Property Hold fee is NON-REFUNDABLE and is NOT applied toward the future rent or fees as the case may be.
Does the Advance Property Hold reservation lock in this year’s rate?
The Advance Property Hold does not guarantee this year's rate. You have the option to decline this rental after the owners have published their 2018 rates, prior to executing the lease. However, if you choose to decline the rental, the $50.00 fee is non-refundable.
When should I call Twiddy to book my week for next year?
Guests interested in pre-reserving a home for a 2018 time frame should book online or call our office as early as the
Do I need to let you know if I am holding a wedding in the home that I am booking?
Weddings are permitted in homes that allow Special Events. Please notify us at the time of booking your Advance Property Hold if you plan to hold a wedding or other special event during your stay.
You may sign up to be emailed by Twiddy when a home/time frame become available by adding your information to the notification list. Current-year guests are given the first opportunity to request the same home and time frame for the following year upon check-out. If the current-year guest chooses not to reserve the home for the following year, we will notify you by email.
All guests on the notification list for a specific home/time frame are emailed at the same time. Advance Property Holds are booked on a first come, first served basis.
Charges & Fees
The rent is the weekly rate advertised for each vacation home. Half of the rent is due on the initial balance due date and half is due on the final balance due date. The full rent is due at the time of booking for reservations booked within 30 days of arrival.
Travel Insurance is offered on all lease agreements (coverage is available to U.S. residents only). The Guest Protect Plan covers your pre-paid non-refundable trip expenses; additional information regarding the insurance is available by visiting our Travel Insurance page. Travel Insurance can be declined on the Vacation Rental Agreement.
Home Service Fee
The Home Service Fee is a nominal cleaning charge that is added to your reservation. Please contact Twiddy for more information on your vacation home's Home Service Fee. In the event of a cancellation, the Home Service Fee will be refunded.
State & County Taxes
State and county taxes apply to rent and any additional fees and services excluding Travel Insurance.
Early Check-In Fee
Advance Property Hold Fee
The fee for an Advance Property Hold for the following year is currently $50.00. This fee is non-refundable and is not applied to the rental fee, but holds the home off the market until the lease is sent in the Fall. At that time, the initial payment is required to confirm the reservation. Select homes have a fee higher than $50.00. This fee is listed in the home's description. This fee is non-refundable, non-transferable and holds the home off the market until the lease is sent in the Fall. At that time, the initial payment is required to confirm the reservation. A portion of the Advance Property Hold fee over $50.00 is applied to the rental fee. Please visit our Advance Property Holds page for more information.
Heated Pool Fee
Fees for heated pools are either fixed (plus tax) or included in the rent. The heated pool fee can be found in the amenities list on the home’s web page. Requests for this optional amenity should be confirmed and paid for prior to arrival. No refunds will be issued if a guest decides they would like this amenity turned off during their stay. The heated pool fee will not be prorated if this service is requested at check-in or during your stay.
Forms of Payment Accepted
Payment may be made by personal check, e-check, cash, certified check, money order, debit or credit card. We accept only U.S. funds drawn on a U.S. bank, and MasterCard, Visa or the Discover Card if paying by credit card. All payments are due 30 days prior to arrival. For reservations made within 30 days of arrival, payment is due at the time of booking and must be made by e-check, cashier's check, money order, or credit card. Personal checks are not accepted within 30 days of arrival, and e-checks are not accepted within 14 days of arrival. Please contact us at 1-800-489-4339 or [email protected] if you need to discuss your payment.
To pay by credit card or electronic check, please log in to your guest account.
Please mail payments to:
Twiddy & Company Realtors - 1181 Duck Road - Duck, NC 27949-4568
The fee for returned checks is $25.00. Checks will not be re-deposited and must be replaced with a money order, cashier’s check or credit card payment within seven days.
Half of the rent plus the optional Travel Insurance premium must be received by Twiddy within 48 hours of the lease date when paying electronically and within seven days when sending payment by mail. If you are planning to hold a wedding at the vacation home, the Special Event fee is due with your Initial Balance. Leases are signed electronically through the guest login on twiddy.com. Guests that do not have an email address will receive their lease by mail. (Sample lease is available to view below.) Reservations not confirmed with payment and a signed lease within the allotted time are subject to cancellation without notice. Please contact us at 1-800-489-4339 or [email protected] in
The unpaid balance of rent, plus taxes and all other charges, is due 30 days prior to check-in. For reservations made within 30 days of arrival, payment is due at the time of booking.
Travel Insurance Information
Have Questions or Need to File a Claim?
For information on how to file a claim, please visit www.vacationrentalinsurance.com/claims-information-travel.do or call CSA at 1-866-999-4018 to file your claim.
CSA Vacation Rental Insurance - Guest Protect Plan
CSA Travel Protection’s Guest Protect Plan is offered on all lease agreements (coverage is available to U.S. residents only). The Guest Protect Plan provides coverage for your pre-paid, non-refundable trip costs; additional information regarding the insurance is available below. The plan cost for this travel insurance is based on your total balance due and is not subject to tax. You have the option to purchase the plan on your Vacation Rental Agreement. If you choose to purchase the plan, the plan cost is due with your initial balance due. We strongly recommend all of our guests purchase this valuable travel insurance, as no refunds will be offered, even in the case of a mandatory hurricane evacuation. If you have questions, please contact CSA at (866) 999-4018. Please reference plan code G-332CSA.
For a brief description of the coverage(s) available, please view our CSA Travel Protection Guest Protect Plan flyer.
Why Buy CSA Vacation Rental Insurance - Guest Protect Plan?
No matter where your travels take you, the last thing you want to do is think about something going wrong. Still, sometimes the unfortunate happens-long-awaited trips get interrupted or canceled, people get sick or injured, baggage is lost or stolen and natural disasters can strike. Be sure to get the right level of travel protection so you can relax and enjoy your vacation Click here to view a Description of Coverage/Policy.
What's included: Coverage & Maximum Benefit Limit?
CSA's Guest Protect Plan offers coverage for Trip Cancellation and Trip Interruption, Baggage Delay and Emergency Assistance and Transportation, plus a host of services. The following coverages have been included for your protection.
Underwritten by General U.S. Branch
|Maximum Limit Per Person||Maximum Limit Per Reservation|
|Trip Cancellation||100% of Trip Cost|
|Trip Interruption||150% of Trip Cost|
($200 per person daily limit applies)
|Accidental Death & Dismemberment-Travel Accident||$100,000||$100,000|
|Medical & Dental||$25,000||$250,000|
|Emergency Assistance & Transportation||$1,000,000||$1,000,000|
|Rental Car Damage
(Not available to residents of Texas)
Note: The maximum Reservation Cost this plan covers is $50,000.
Additional Services provided
- 24-Hour Emergency Assistance Services
- Concierge Services
- Identity Theft Resolution Services
- Roadside Assistance
- On Demand Medical Care
How do I file a claim?
If you need to file a claim, please notify your booking agent immediately. Then call CSA at 866-999-4018 and refer to plan codeG-332CSA.
Click here for the Travel Insurance Terms and Conditions document to get more information.
Coverage is valid only if plan cost has been paid.
This plan provides insurance coverage for your trip that applies only during the covered trip. You may have coverage from other sources that provides you with similar benefits but may be subject to different restrictions depending upon your other coverages. You may wish to compare the terms of this policy with your existing life, health, home and automobile policies. The purchase of this plan is not required in order to purchase any other travel product or service offered to you by your travel retailers. If you have any questions about your current coverage, call your insurer, insurance agent or broker.
Plans are available to residents of the United States. Benefits and services are described on a general basis. Certain terms and conditions may apply. Your travel retailer may not be licensed to sell insurance, and cannot answer technical questions about the benefits, exclusions, and conditions of this insurance and cannot evaluate the adequacy of your existing insurance. For questions or complete information on policy benefits, limits and exclusions, please contact CSA at (866) 999-4018 or http://www.csatravelprotection.com/certpolicy.do?product=G-332CSA for a sample Description of Coverage or Insurance Policy for this plan.
These plans are administered by CSA Travel Protection and Insurance Services. Services are provided through CSA’s designated providers. Travel Insurance is Underwritten
Vacation Rental Agreement
Twiddy & Company of Duck Inc. (the “Agent and/or Twiddy & Company”) is the Agent for a VACATION HOME (the “Premises), 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 (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 and the Discover Card if using a credit card. See paragraph 5 regarding payment due dates for reservation 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 [email protected] 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 CSA Travel Protection 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 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 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; (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) Agent does not have sufficient excess parking capacity to accommodate Your non 4WD vehicles; (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, 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): Private Pools/Heated Pools/Community Pools – Pool privileges are available only for those properties designated as such. Fees and availability for heated pools vary;(h) Agent is not responsible for any personal items left on the Premises; 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. 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 check-out time , 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. Unless otherwise agreed upon in and shown on the initial payment due date, 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/or the cancellation of Your Lease. Your right to receive a refund of the payments due will be governed by Paragraph 13: Cancellation/Breach. For reservations made less than 30 days before arrival, full payment is due on the Reservation Date.
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 Agent 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 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. 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 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, and replacing the batteries as needed during Your tenancy; and (h) smoking, including e-cigarettes, is not permitted in homes designated as No Smoking. 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 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 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 (e.g. beach nourishment, condemnation, etc.), 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 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.In the event of: (i) Your cancellation of this Agreement or (ii) or a material breach of any provision of this Agreement by You, Agent may attempt to re-market the Property. Owner or Agent may, in its sole and absolute discretion, reduce Your rental fee without notice to You. If the Premises fails to re-rent or rents for less than Your rental fee, You will be responsible for the difference between the two rental fees. If the Premises re-rents, You will receive a refund of Your payment(s) as discussed above, less a $100.00 administrative fee and Travel Insurance, if applicable. If the Premises fails to re-rent, Owner may, in its sole and absolute discretion, pursue You for the balance of the rent owed. Also You, rather than the Agent, are responsible for seeking reimbursement of any fees paid to any third parties for goods, or services procured by Agent. 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. For Vacation Homes permitting pets on the Premises, You agree no pets are allowed in pools or hot tubs. 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).
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 AGENT’S CANCELLATION POLICY IN PARAGRAPH 13.