Terms + Conditions

 
 
 
 

Terms and Conditions

Last Updated: June 6, 2025

Important: These Terms and Conditions (the “Terms”) constitute a legally binding agreement between you ("User," "Guest," or "you") and Twin Creeks Farmhouse ("Company," "we," "our," or "us") governing your access to and use of www.twincreeksfarmhouse.com and any related mobile applications or services (collectively, the "Site"). By accessing or using the Site, booking accommodations listed on the Site (each, a “Property”), or otherwise indicating your acceptance, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy. If you do not agree, you must not use the Site.

1. Definitions

  • Short‑Term Rental ("STR") – A rental of a Property for periods of 30 consecutive nights or fewer, as defined under New York State Tax Law and Ulster County Local Law.

  • Host – The owner or lawful operator of a Property listed on the Site.

  • Guest – Any individual who books or attempts to book a Property through the Site.

  • Booking – A confirmed reservation for a Property processed through the Site.

2. Services Provided

We provide an online marketplace and booking platform that allows Hosts to list, and Guests to reserve, STR accommodations located in Ulster County, New York. We are not a real‑estate broker, insurer, or hotel operator, and we do not own, manage, or control the Properties. Our responsibilities are limited to facilitating Bookings and collecting payments on behalf of Hosts.

3. Eligibility

You must be at least 18 years old and able to form legally binding contracts under New York State law to use the Site and 21 years old to make a Booking. By using the Site, you represent and warrant that you meet these requirements.

4. Account Registration

To make a Booking, you may need to create an account, provide accurate information, and keep your login credentials confidential. You are responsible for all activities occurring under your account. In lieu of making an account you may reach out to us directly.

5. Booking Process

  1. Listing Information. Hosts provide descriptions, rates, availability, and house rules for each Property. While we use commercially reasonable efforts to verify the accuracy of listings, we do not guarantee that any listing content is complete, current, or error‑free.

  2. Instant Booking or Request to Book. Depending on the Property, your reservation may be instantly confirmed or require Host approval. A Booking is not confirmed until you receive a written confirmation email.

  3. Security Deposit & ID Verification. Hosts may require a refundable security deposit and government‑issued identification prior to check‑in. Failure to comply may result in cancellation at your expense.

6. Payments, Fees, and Taxes

6.1 Rates & Fees

  • Nightly Rate – The rate displayed on the listing page.

  • Cleaning Fee – A one‑time fee (if any) charged by the Host.

  • Service Fee – A non‑refundable fee charged by the Company for facilitating the Booking.

6.2 Applicable Taxes

Guests are responsible for all applicable taxes, which will be itemized at checkout and include, without limitation:

  1. New York State & Ulster County Sales and Use Tax – 8 % combined (4 % state + 4 % county) applied to the taxable portion of the Booking.

  2. Ulster County Hotel & Motel Room Occupancy Tax – 4 % of the listing price for stays of 30 nights or fewer.

  3. Additional Municipal STR Fees – Certain towns (e.g., Shandaken, Woodstock, New Paltz) require STR permits and may impose registration or inspection fees, which Hosts may pass through to Guests. Currently the town of Gardiner does not have such fees.

Tax rates and regulations may change without notice; the amount charged at the time of Booking will reflect the rates in effect on the transaction date.

6.3 Collection & Remittance

Effective March 1, 2025, New York State law requires STR marketplaces to collect and remit sales tax on Hosts’ behalf. Where we are obligated to collect taxes, they will be included in your total. Where we are not obligated, Hosts remain responsible for compliance.

7. Cancellation & Refund Policy

The applicable cancellation policy (e.g., Flexible, Moderate, Strict) is disclosed in each listing and will govern any refunds. Service Fees are non‑refundable except as required by law.

8. Guest Responsibilities & House Rules

By Booking, you agree to:

  • Comply with all House Rules posted in the listing or provided upon check‑in, including occupancy limits, quiet hours (typically 9 PM – 9 AM), and no‑smoking policies.

  • Maintain the Property in good condition and report any damages immediately.

  • Respect Neighbors & Local Ordinances. Noise, parking, waste disposal, open‑fire, and pet restrictions are enforced by municipal code; violations may result in eviction without refund.

9. Prohibited Activities

You agree not to:

  • Use the Property for parties, weddings, commercial filming, or unlawful gatherings without written Host consent.

  • Sublet or assign your Booking.

  • Engage in any activity that would violate federal, state, or local law, including illicit drug use or underage drinking.

10. Damage, Security Deposits & Additional Fees

You authorize us to charge the payment method on file for: (i) damage to the Property or its contents; (ii) excessive cleaning required beyond normal wear; (iii) unapproved late check‑out; or (iv) violations of House Rules.

11. Liability & Indemnification

To the fullest extent permitted by law, you assume all risks arising from your stay. Neither the Company nor the Host will be liable for injury, loss, or damage to persons or property except where caused by gross negligence or willful misconduct. You agree to indemnify and hold harmless the Company, Hosts, and their affiliates from any claims arising from your actions or omissions.

12. Insurance

We recommend that Guests obtain travel insurance covering personal belongings, trip cancellations, and medical emergencies. Hosts are required to maintain homeowner or STR insurance adequate for their individual risk exposure.

13. Intellectual Property

All content on the Site, including text, graphics, logos, and software, is owned by the Company or its licensors and is protected by U.S. and international intellectual‑property laws. You may not copy, modify, or distribute Site content without our written consent.

14. Privacy

Your use of the Site is also governed by our Privacy Policy, which explains how we collect, use, and share personal information.

15. Modifications to the Terms

We may modify these Terms at any time. Material changes will be posted on this page and, where appropriate, notified to you via email. Your continued use of the Site after such changes constitutes acceptance.

16. Governing Law & Dispute Resolution

These Terms are governed by the laws of the State of New York, without regard to conflict‑of‑law principles. Any dispute arising under these Terms shall be resolved in the state or federal courts located in Ulster County, New York, and you consent to exclusive jurisdiction and venue in those courts.

17. Severability

If any provision of these Terms is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.

18. Entire Agreement

These Terms, together with any Booking confirmation, House Rules, and incorporated policies, constitute the entire agreement between you and us regarding your use of the Site and supersede all prior understandings.

19. Contact Us

Twin Creeks Farmhouse
Email: twincreeksfarmhouse@gmail.com