1.
General measures
The tenant shall not, under any circumstances, be entitled to
stay on in the accommodation once the initial rental period as
stated in this rental agreement contract has expired, except
when this has been expressly agreed to by the owner. No modification
(deletions or alterations) shall be accepted to the text of this
contract without the agreement of both parties. The owner undertakes
not to disclose to a third party any information, in any format,
that the tenant shall provide for the execution of this contract.
However, these measures shall not be applicable in the event
of a request for information formulated by the authorities and/or
Tribunals. [Head]
2. Payment
The reservation shall become effective on receipt by the owner
of a copy of this contract accompanied by the amount of the
deposit (minimum: 15% - maximum: 30%) for the stay before
the date indicated in this contract. The balance for the
rental shall be paid on arrival. If the tenant delays the
date of arrival, he/she must inform the owner and ensure
the balance for the rental period reaches the owner no later
than the date initially planned for the start of the rental
period. [Head]
3. Deposit (as security)
For periods longer than 2 nights, the tenant shall on arrival
pay a deposit (as security) in addition to the balance for
the rental period; the maximum amount of this deposit (as
security) shall not exceed 50% of the full rental amount.
The owner may immediately cash the deposit (as security).
This deposit (as security) shall be returned within a maximum
period of two months from the date of departure of the tenant,
the owner returning this sum minus all amounts incumbent
on the tenant resulting from costs for damage restoration
work and other repairs. The amount of said deductions shall
be duly justified by the owner based on the "état
des lieux" (detailed document of the condition of the accommodation)
signed on arrival, on departure, "constat d'huissier" (report
by an authorized legal officer), estimates, invoices. If
the amount of the deposit (as security) is not sufficient,
the tenant undertakes to pay all additional sums due based
on the supporting documents provided by the owner.
In no case shall this deposit (as security) be deemed as participating
towards the cost of the rental. [Head]
4. Use of the accommodation
The tenant shall use the accommodation in a peaceful manner
and shall not misuse said accommodation. On departure, the
tenant undertakes to leave the premises in the same state
of cleanliness as on arrival. All the items listed in the
inventory shall be replaced in their positions as per on
arrival. All repairs, irrespective of their importance, that
are necessary due to the negligence of the tenant during
the rental period shall be payable by the tenant. The accommodation
shall in no case be used by any third party, unless expressly
agreed beforehand by the owner. No sub-letting shall be authorised,
for whatever reason, even free of charge. Non compliance
with this condition shall result in the cancellation of the
contract. The full amount of the rental shall then be acquired
by or become due to the owner. The accommodation rented is
for temporary or holiday accommodation and shall exclude
any activity whatsoever, whether professional, commercial
or artisanal, or even of a complementary or additional nature
to the accommodation (maximum 3 months), unless previously
authorised by the owner. No tents shall be erected or any
caravans parked on the property rented, unless previously
authorised by the owner. The owner shall provide the accommodation
as per the description provided and shall maintain said accommodation
in the appropriate condition. As a rule, the tenant shall
vacate the accommodation at the time agreed in the contract
or at a time suitable to the owner, after the "état
des lieux". [Head]
5. Special cases
The number of tenants shall not exceed the maximum capacity
indicated on the catalogue or description document. Exceptionally
and subject to agreement by the owner, this rule may be waived.
In this case, the owner shall be entitled to receive an increase
in the price initially communicated to the tenant and noted
in the rental contract. [Head]
6. "Etat des lieux" and inventory
The "état des lieux" and the inventory of all furnishings
and fittings shall be carried out at the start and at the end
of the rental period by the owner (or appointed agent) and
the tenant. If it is not possible to conduct the inventory
on arrival, the tenant shall have 24 hours to check the displayed
inventory and inform the owner of any anomalies. After this
period, the rented premises and effects shall be deemed free
of damage as of the arrival of the tenant.
If the "état des lieux" on departure cannot be carried
out due to a time of departure other than the one indicated
in the contract and not compatible with the schedule, the owner
shall unilaterally undertake the "état des lieux" at
the time initially agreed and shall return the guarantee (as
security) within the week following the departure provided
there is no damage and subject to the correct return to initial
condition of the premises. Should the owner note any damage,
this shall be communicated to the tenant within 8 days. [Head]
7. Conditions for cancellation
Any cancellation must be notified by registered letter or telegram:
7.1 Cancellation by the tenant :
Any cancellation of this contract by the tenant must be notified
to the owner by registered letter with acknowledgement of receipt
at the address indicated in the letter head of this contract,
the date of receipt by the owner being the valid date.
- When the cancellation occurs more than 3 months before the
start of the rental period, the owner shall return within 30
days following the cancellation the full amount of the deposit
paid by the tenant.
- When the cancellation occurs between 2 and 3 months before
the start of the rental period, the owner shall return within
30 days following the cancellation 75% of the amount of the
deposit paid by the tenant.
- When the cancellation occurs between 1 and 2 months before
the start of the rental period, the owner shall return within
30 days following the cancellation 50% of the amount of the
deposit paid by the tenant.
- When the cancellation occurs less than 1 month before the
start of the rental period, the owner shall retain the full
amount of the deposit paid by the tenant.
7.2 If the tenant does not show up on the
day indicated in the contract, and after a period of 24 hours
and without notifying the the owner:
- this contract is deemed to be cancelled
- the deposit shall be acquired by the owner
- the owner shall be free to dispose of the rented accommodation.
7.3 Cancellation by the owner Before arrival
in the accommodation:
If this contract is cancelled by the owner before arrival in
the accommodation, for whatever reason excepting a case of
force majeure, the owner shall pay the tenant the amount of
the deposit received. This shall be addressed to the tenant
by registered letter with acknowledgement of receipt within
a period of 30 days following notification of the cancellation.
7.4 Cancellation by the owner After arrival
in the accommodation:
When the cancellation of the contract by the owner occurs during
the period of the rental agreement, this must be fully justified
(failure to pay the rental amount, bounced cheque, proven damage
to the rented accommodation, complaints from neighbours, etc.).
This cancellation, notified by registered letter with acknowledgement
of receipt, shall entail the departure of the tenant within
2 days from the date of receipt of the letter notifying this
decision. The owner reserves the right to keep the amount of
the deposit (as security) as per the conditions detailed in §3 "Deposit
(as guarantee)". Regardless of the reason for the cancellation,
the full amount of the rental price shall remain acquired by
the owner. [Head]
8. Service interruption
In the event of early interruption to the stay by the tenant,
and if the responsibility of the owner is not the cause,
no reimbursements shall be due, excepting the deposit (as
security).
Force majeure: If the tenant can justify serious reasons
of a force majeure nature (unforeseen and irresistible event
outside tenant's control) making the completion of the rental
agreement impossible, the contract shall be cancelled by rights.
The amount of the rental price already paid by the tenant shall
be repaid au prorata the length of stay remaining. [Head]
9. Insurance
The tenant shall be responsible for insuring the premises made
available or rented. The tenant must check that his/her main
residence insurance policy includes a clause providing appropriate
cover for rented holiday accommodation . If this is not the
case, the tenant must contact the insurance company and request
this extension to the contract or else take out a special
policy covering rented holiday accommodation. [Head]
10. Disputes or claims
Attempts must always be made to settle any disputes amicably
and out of court.
If the parties are unable to reach an amicable and out of court
agreement, only the Tribunal with jurisdiction over the territory
where the rented accommodation in question is situated shall
be competent. [Head]