Sample Lease

This is your vacation lease. Please read it thoroughly. If you have any questions, please feel free to call us. This lease is in effect from your arrival until your departure.

This agreement constitutes a contract between the Guest and Carol Irvine, Owner of the rental cottage, Idyll-by-the-Sea Two. Please read it carefully, sign, and return one copy to the Owner.

1. Reservations: Reservations are confirmed upon Owner's receipt of 50% of the base rate received from you within 24 hours of making your reservation. Your reservation is for the time specified under arrival and departure dates. Guest name on this lease is the responsible party for the reservation and all lease obligations.

2. Payment: An advance payment of 50% of the total base rent is due within 24 hours in order to confirm your reservation. We will send you a credit card authorization for Visa, MasterCard, or American Express with this lease. The final balance is due anytime prior to 30 days before your arrival. Final payment shall also include taxes, any dog fees, and your refundable security deposit. Final payment must be made 30 days in advance. Final payment is to be in the form of a check. If we do not receive your final payment 30 days before your arrival, your reservation is subject to cancellation and all deposit monies forfeited. Reservations made less than 30 days prior to arrival require full payment via overnight mail or credit card charge to the Owner.

3. Taxes: You are quoted a rental price estimate that is based upon up-to-date tax rates. However, it is possible (but rare) that tax rates will change between now and the time of your stay. You will be notified if there are any changes to your quoted tax rate.

4. Getting Here: Upon receiving your final payment, (due 30 days prior to your arrival), the Owner will send you details on your rental, along with the names and phone numbers of emergency contacts, and our very pleasant manager.

5. Arrival/Departure: Plan to arrive at Idyll-by-the-Sea Two no earlier than 4:00 PM. (We will try to leave a light on for you!) Departure is strictly at 10:00 AM. This is a must due to the logistics of turnover. Please note that Idyll-by-the-Sea Two is located in the Eastern Time Zone.

6. Parking: We recommend a limit of six cars at Idyll. There is no on-street parking allowed in the subdivision, as restrictive covenants provide for no parking anywhere other than garages and driveways. Vehicles parked on the street are subject to towing at vehicle owner's expense. Please consider this when making reservations or travel arrangements.

7. Damage Deposit: A security deposit is required on all reservations at the discretion of the owner. The security deposit's purpose is to protect the Owner's home and contents from damages. If damage exceeds the security deposit, the guest agrees that his/her credit card will be charged to pay any and all damage charges above the security deposit. In addition, if any checkout procedures aren't followed, additional charges will be deducted from security deposit. Checkout guidelines are given to you in advance. Idyll-by-the-Sea Two is inspected before and after every tenancy. While you are here, we ask your cooperation in reporting any damage. The security deposit, less any charges incurred where applicable, will be refunded within 20 days of departure.

Leaseholder -- you are responsible for any damages incurred during your group's tenancy. Your security deposit will be fully refunded by postal mail within 20 days of your departure, providing the following provisions were met:

  1. There was no damage to the cottage or its contents beyond normal wear and tear.
  2. All debris, garbage, dog waste, etc., was placed in outdoor trashcans.
  3. Dirty dishes were placed in dishwasher.
  4. Cottage was left in a neat condition.
  5. No items were missing from the cottage. NO SMOKING
  6. All keys were left in the cottage.
  7. The number of guests did not exceed eighteen (18).
  8. There has been no smoking in the house (smoking outside only).
8. Utility Deposit: If applicable to the rental, a utility deposit will be taken. The specified utilities (eg: cable tv, phone, internet, water, sewer, electric, etc) will be calculated for the term of your stay and deducted from the utility deposit. The remaining balance will be refunded to the guest within 30 days after departure.

9. Cancellation: If you cancel your reservation for any reason you are entitled to a refund of your payments to us (less a cancellation fee of $750.00) provided you cancel 90 days or more in advance of your check-in date. There are no refunds for cancellations within 90 days of your check-in date. If you think trip cancellation is a possibility for any reason, we strongly recommend purchasing "Trip Cancellation Insurance", which is available through most travel agents, insurance agents, or sites on the Internet. There are no refunds due to weather conditions, including hurricane evacuations, because Trip Cancellation Insurance is now available. We can refer you to several possible sources of trip insurance if needed.
Every single place we have traveled to within the last several years has required prepayment in full, a minimum of 90 days in advance, with no cancellation possible, including for hurricanes and cyclones. We have gotten trip insurance on each occasion, and it has provided a great deal of peace of mind for very low cost.
10. Occupancy: Occupancy is restricted to eighteen (18) individuals (babies in cribs not included). Any leaseholder found in breach of this contract will be evicted and monies will not be refunded. This is a very strict maximum.

11. Parties: There are to be no parties in Idyll-by-the-Sea Two. And yes, of course, having a few friends and family in occasionally is fine (we want everyone to have a wonderful stay) but by a few friends we mean no more than 24 people total, including the guests staying in Idyll-by-the-Sea Two. I have learned that I need to define "having guests in" includes 24 people, total, whether in the cottage, on the deck, or on the porches. Sadly, I also have had the need to delineate "occasionally"- occasionally means once in a while; it does not mean 24 people all day, every day and all night, every night. We don't mean to sound so strict -- we truly want you all to enjoy the house -- we just want it taken care of for everyone to enjoy.

12. Spa Suite: The entire fourth floor is the Spa Suite. It features a dry sauna room, an overflow whirlpool tub, and a shower which includes a steam shower and whirlpool footbath. There are warning signs in the spa suite that must be read and honored in regards to age and medical conditions for use of the facilities (they read like the posted rules you see in hotels and health clubs). As such, the entire Spa Suite is limited to competent healthy individuals over the age of 18. Serious injury or death can occur if the spa facilities are used by inappropriate individuals. The leaseholder agrees to assume all liability for the use of the Spa Suite, and hold the owner and rental company harmless for the use of this floor. The leaseholder agrees to be responsible for any damage caused to the Spa Suite during their tenancy, even if it exceeds the security deposit. The Spa Suite also features a Delft tile fireplace (the tiles were custom made in Holland for the surround), a handmade Mahogany four poster king size bed, a walk in closet, elevator access, a private porch with complete custom outside furniture (specially made just for this suite), along with two mother of pearl sinks, and all kinds of wonderful appointments.

13. Elevator: The maximum occupancy of the elevator cab is two (2) individuals. The elevator is not a toy, and may only be used by competent individuals over the age of 18. The elevator is safe and reliable when used properly. The elevator system has many safety interlocks to prevent harm. However, if any safety interlocks are bypassed, serious injury or death can occur. People under the age of 18 may ride the elevator only when accompanied by a competent supervising adult. You are fully responsible for the costs of any elevator repairs caused by abnormal use. NO KIDS PLAYING ON THE ELEVATOR.

14. Repairs: Even the best or newest equipment occasionally malfunctions and cannot be guaranteed 100% of the time. Idyll-by-the-Sea Two has an excellent maintenance team. Problems are corrected as soon as humanly possible. Agent authorized employee or repairman may enter the premises during business hours for purposes connected with repairs, care, or maintenance of the premises.

15. Construction: North Topsail Beach is a highly desirable, developing resort area, with houses occasionally under construction. We do not give refunds due to construction noise. If you are concerned, call and inquire before you book your reservation.

16. Consideration: All efforts are made to correct any problems you may experience in as timely a manner as possible. Recompense will not be issued due to malfunctioning equipment or other guest's dissatisfaction. You can expect a courteous, professional, and very caring attitude towards problem solving.

17. Pets: There is a $75 per dog non-refundable dog fee. Guests bringing dogs are required to notify Owner in advance and sign a separate pet addendum.

18. Children: Here is our policy on children...We have friends with very young children that we would allow to use this house in a heartbeat. We also know children that wouldn't be appropriate for this house. (The same could be said for some adults, too.) Here's the thing- if children aren't exposed to good things and taught how to take care of things at an early age, then they won't grow up knowing how to treat a house right. (It is the same principal on having art and music exposure in early educational experiences.) Anyway, we want children to have that opportunity. If, however, you think it is okay for your child to actively and aggressively use the sofa, the beds, and the other upholstery in your vacation house as trampolines, than this probably isn't the right cottage for you. We want everyone to be comfortable, relaxed, and enjoy himself or herself, but not to the abuse of the house.

19. Telephone: Any long distance calls, long distance facsimile transmissions, or long distance Internet connectivity (if high speed connection is down) must be charged to a calling card.

20. Indemnification: Guests agree to indemnify and save homeowner and employees, free and harmless for any liabilities, or any loss or damage, whatsoever arising from, related to, or in connection with rental of the premises including but not limited to any claim or liability for personal injury or damage or loss of property which is made, incurred, or sustained by guests or guests of guests.

21. Forum Selection Clause: This agreement shall be governed by and interpreted in accordance with the law of the State of North Carolina. This agreement shall be treated as though it was executed in the County of Onslow, State of North Carolina, and was to have been performed in the county of Onslow, State of North Carolina. Any action relating to this agreement shall only be instituted and prosecuted in the courts in North Carolina. Tenant specifically consent to such jurisdiction and to extraterritorial service of process.

The undersigned has read and agrees to abide by the terms, rules and regulations of this Lease Agreement.







______________________________________
Carol Irvine Signature
Owner
 
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Signature
Leaseholder