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]