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 Idyll Rentals and the rental cottage.
Please read it carefully, sign, and return one copy to the Owner via fax (or
1. Confirming Reservations: Reservations are confirmed upon Owner's receipt
within 24 hours of both: (a) a signed lease and (b) 50% of the base rental
rate. Reservations not confirmed within 24 hours will be cancelled.
You will receive a confirmation receipt (via email) after we process your
initial payment. This receipt is confirmation that we are in possession of your
signed lease (if you don't receive a confirmation receipt from us, you
have not booked). Your reservation is for the time specified under arrival
and departure dates listed above. The 'Guest Name' on this lease must be an
adult, and is the responsible party for the reservation and all lease obligations.
2. Payment Schedule: An advance payment of 50% of the base rental rate is due
within 24 hours in order to confirm your reservation, made by credit card (or with
Owner's approval, via check and overnight mail). The final balance (including taxes,
refundable security deposit, etc) is due prior to 60 days before your arrival, and must
be paid by check and received by the Owner prior to the deadline. (If final
payment must be made by credit card, a 4% convenience fee will be charged). If we do
not receive your final payment by the due date, your reservation is subject to cancellation
and all deposit monies forfeited. Reservations made less than 60 days prior to arrival
require full payment.
For your convenience, the payment schedule, along with due dates, is provided
and summarized at the top of this lease.
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 60 days prior to
your arrival), the Owner will send you details on your rental, along with
the names and phone numbers of: (a) emergency contacts, and (b) our very pleasant
5. Arrival/Departure: Check-in time is strictly at 4:00 PM (or later).
Check-out time is strictly at 10:00 AM (or earlier). These times must be
followed due to the logistics of preparing the property between
guests. Early check-in or late check-out is rarely available, but when
available (Leaseholder must obtain written approval by the Owner),
additional partial day fees will be charged. Please note that the property
is located in the Eastern Time Zone, and be cognizant of when Daylight Saving
6. Parking / Vehicles: We recommend a limit of six passenger vehicles
at the cottage. Restrictive community covenants provide for (1) no parking
anywhere other than garages and driveways (there is no on-street parking
allowed in the entire subdivision), and (2) only passenger vehicles are
permitted (no RVs, no trailers, no U-Haul, no boats, etc). Vehicles violating
these covenants 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 to pay (by check) 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. The cottage 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
(a) There was no damage to the cottage or its contents beyond normal
wear and tear;
(b) All debris, garbage, dog waste, etc., was placed in outdoor trashcans;
(c) Dirty dishes were placed in dishwasher;
(d) Cottage was left in a neat condition and does not require excessive cleaning;
(e) No items were missing from the cottage;
(f) All keys were left in the cottage;
(g) The number of guests did not exceed the agreed upon number of adults, children, and infants;
(h) There has been no smoking in the house and screened-in porch (smoking outside only).
(i) No use of any illegal drug. Any use of marijuana is strictly prohibited.
8. Utilities: The cost of normal utilities usage is included
with your stay. However, you are responsible for the costs associated
with excessive utilities usage (for example, leaving a garden hose
8a. Trash/Recycle: Please respect the trash/recycle pickup schedule posted in
the house. We provide four large trash bins and three recycle bins for your use.
You must collect all trash/recycle, place into the bins, and set bins out (to the curb)
the night before collection days, as collection can be as early as 4am.
If you do not set bins out for collection on time, we need to hire a firm to haul
material away and you will be charged an additional $200 for this service.
After collection, please move the empty bins back to the garage area.
8b. Internet: You are fully responsible for the actions of everyone using
the Internet connection during your stay. For example, a teenager using BitTorrent
to illegally download a copyrighted movie. Please notify everyone using the
Internet connection, that use of P2P (peer to peer) file sharing services during your stay
is not permitted.
9. Cancellation/Trip Insurance:
If you cancel your reservation for any reason you are entitled to a refund of your
payments to us, less a cancellation fee of $2500.00, provided: (a) for rentals in
peak season (between Memorial Day and Labor Day) you cancel within 30 days of the
signing date of this lease; (b) for all other rentals, you cancel 180 days or more
in advance of your check-in date. Otherwise, there are no refunds for cancellations
outside these time frames, and the full lease amount remains due.
The reason is because "Trip Cancellation Insurance" is now available, is very
affordable, and provides incredible peace of mind for cancellations due
to almost any reason (like hurricanes, family emergencies, unforeseen events, etc).
Trip Cancellation Insurance is available through most travel agents,
insurance agents, or sites on the Internet.
We will refer you to several possible sources of trip insurance.
Purchasing Trip Cancellation Insurance is mandatory.
10. Occupancy: The house capacity is twenty (20) individuals (babies in
cribs not included), but occupancy is restricted to the number of adults,
children, and infants disclosed at the top of this lease. Your rental rate
and fees were calculated based on the agreed upon occupancy. Any leaseholder found
in breach of this contract will be evicted and monies will not be refunded.
10a. Bedroom/Bathroom Allotment: The cottage is an 8 bedroom and 7
bathroom house. Your rate and fees have been based upon a number of
bedrooms and bathrooms you agree to use during your stay. If this number
is less than the house maximum, please notify all members of your group
during checkin which bedrooms/bathrooms you elect to use, and more
importantly, which bedrooms/bathrooms are off limits and not to be used
at all. You agree to pay additional rates and fees if more than the
allotted number of bedrooms/bathrooms are used during your stay.
10b. Property misuse: The cottage and property may NOT be used by
anyone occupying other rental properties. If your occupancy is large enough
that you must rent multiple homes/properties/hotel/etc, and want those other
people to come over to the cottage during the day, that is a misuse of the
property and not permitted.
10c. House Layout: No furniture in the house may be moved without the
prior written permission of the Owner. For example: (a) the sections of the
sofa have an interlocking mechanism that will be damaged if moved, and
(b) rearranging bedrooms or moving beds or mattresses between rooms is
11. Parties: There are to be no parties in the cottage. 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 the cottage. 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.
Use of (1) fireworks of any kind, (2) any item with an open flame
(Chinese lantern, etc), and (3) any similar items (cap guns, etc) are strictly
prohibited. The reason is SAFETY! A neighbor in one of our rental houses
almost set OUR house on fire when a Chinese lantern landed on our roof.
Thankfully, our renter noticed and was able to quickly put the fire out.
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. Warning signs in the spa suite
must be read and honored in regards to age, medical conditions, etc, for use
of the facilities (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 or in an unsafe manner. The
leaseholder agrees assume all liability for the use of the Spa Suite,
and hold the owner (and/or 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.
13. Elevator Rules: 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 very 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.
13a. House Rules: The fridge in the kitchen has posted laminated instructions
for using the pool, the pool cover, the pool water fill, the grill, and other important
items. Leaseholder agrees upon arrival to read and follow those posted instructions
and rules. Because not following the rules can result in damaged
pool motors, a ripped pool cover, etc -- that can be expensive to repair or replace.
We once came to the house to find the pool water fill had been left on and over
100,000 gallons of water used!
14. Maintenance / Repairs: Even the best or newest equipment occasionally
malfunctions and cannot be guaranteed 100% of the time. We have an excellent
maintenance team who corrects problems as soon as humanly possible.
Authorized personnel may enter the premises during business hours for purposes
connected with repairs, care, or maintenance of the premises.
Expect pool and lawn care personnel on property once a week.
15. Construction: North Topsail Beach is a highly desirable,
developing resort area. Expect new construction, remodels, and other
improvement projects year-round. We do not give refunds due to any
nearby construction activities. If you are concerned, call and inquire
before you book your reservation.
16. Consideration: If you are not satisfied with anything, you must
call us immediately (not after your stay) and all efforts will be 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 per stay non-refundable dog fee.
Guests bringing dogs are required to notify Owner in advance and
sign a separate pet addendum, disclosing all dogs.
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 principle 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 or long distance facsimile
transmissions 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. Leaseholder specifically
consents to such jurisdiction and to extraterritorial service of process.
22. No Agents / Non Transferable: The leaseholder certifies that
he/she is the renter who will occupy the house along with friends and family,
and is not acting as an agent for an anonymous third party. The leaseholder
agrees to fully disclose not only those individuals staying in the house, but
also any individuals coming to the house. This lease may not be transferred
to a third party without prior written permission of the owner.
23. Sale of House: In the very unlikely event that Idyll-by-the-Sea Two
is sold to third party (the house is currently NOT on the market), and this
lease covers a time frame that is after the closing date, this lease will be
rendered null and void and the current owner will refund all deposit money to
the leaseholder. If the new owner chooses to offer a new lease to the
leaseholder, the leasholder is welcome to accept, but is under no obligation,
to rent from the new owner. However, if the new owner does not extend a
lease offer to the leasholder, the current owner will pay the leaseholder a
$2000 inconvenience fee to find a new rental property.
24. Severability: If any part of this agreement is held to be invalid,
such invalidity shall not affect the validity or enforceability of the rest of
this agreement. The parties agree to replace any invalid provision with a
valid provision that most closely approximates the intent and economic effect
of the invalid provision.
The undersigned has read and agrees to abide by the terms, rules and
regulations of this Lease Agreement, and certifies that "Trip Cancellation Insurance"
will be obtained for this stay as per section 9 above.
Carol Irvine Signature