general terms and conditions of sale
01/ LEGAL NATURE OF THE CONTRACT
The contract is subject to the status of the furnished rental of tourism. Rentals are concluded as a temporary residence. The premises may not be used as a primary or even secondary residence.
The tenant will not be able to practise any commercial or professional activity on a regular or occasional basis, except by agreement with the owner.
The tenant may not avail himself of the legal provisions applicable to residential leases, in particular as regards the maintenance of the premises.
In the event that illegal or harmful activities in terms of neighborhood (lack of hygiene, noise, aggressiveness …) are suspected or found, the owner reserves the right to terminate the contract immediately and automatically, the proceeds of the rental remaining permanently acquired to the owner.
The tenant accepting the contract, concluded for a duration determined by the reservation, will not be able under any circumstances to prevail himself of any right to the maintenance in the places at the expiration of the period initially envisaged on the present contract.
03/ NUMBER OF OCCUPANTS
The number of tenants includes babies or children sleeping in cots.
It can not be greater than the capacity of the apartment.
The number of tenants actually present must correspond to the number indicated in the contract. In the event of non-compliance, the contract will be terminated immediately and by right, the proceeds of the rental remaining definitively with the owner.
However, an overrun may be granted exceptionally by the owner. In this case and taking into account the additional charges caused by the change in the number of occupants, a supplement may be calculated pro rata to the number of people on the basis of the rate posted at the time of booking.
Outside visits are not allowed.
The renting of several apartments by people from the same group of close or distant acquaintances is not allowed. Any reservation of several apartments by the same group is therefore invalid and will be cancelled. In case of cancellation of reservations up to 48 hours after the reservation, the amounts paid will be refunded minus bank charges. In the event of cancellation after 48 hours of booking, the cancellation policy will apply and all monies paid will be non-refundable.
04/ USE OF THE PREMISES
Tenant shall use the Premises in a peaceful manner and shall make good use of the Premises in accordance with its intended purpose. He will be responsible for any damage or loss that may occur during the term of the contract in the premises he has exclusive use of.
The tenant agrees to occupy the premises personally, in accordance with the number of persons provided for, to live in them “as a good father of the family” and to maintain them. The tenant shall take care to preserve the peace and quiet of the neighborhood and shall avoid any noise likely to disturb the neighbors, especially those emitted by radio, television and other devices.
The tenant commits himself to take note of the rules of the house (which will be signed at the time of arrival) and to respect them (no smoking inside, unauthorized parties, use of pellet stoves, parking…).
The lease concluded between the parties to the present deed may in no case benefit, even partially, third parties, natural or legal persons, except with the written agreement of the owner. Any violation of this last paragraph would be likely to involve the immediate cancellation of the hiring to the wrongs of the tenant, the product of the hiring remaining definitively acquired with the owner.
The tenant will not be able to oppose the visit of the premises, when the owner or his representative will make the request.
In case of a special room rate offer: the tenant commits himself not to access the rooms of the apartment not included in the offer and not to exceed the number of persons indicated in the offer.
05/ STATE OF CLEANLINESS
The premises will be rented in an excellent state of cleanliness. The material and the products of common maintenance are provided. The end of stay cleaning service includes the cleaning of the apartment and common areas at the end of the stay in normal use. It does not include: the cleaning and tidying of dishes, the treatment of waste, the rearrangement of furniture, the abnormal use of the premises, or the stain removal of textiles. In case of overrun, cleaning fees (50€/hour) will be charged to the tenant and deducted from the security deposit.
Any presence of cigarette smell will be charged 500€.
In case of a long stay (12 nights or more), an inter-stay cleaning with change of linen will be done.
The tenant is responsible for all damages occurring in the rented property and common areas during the rental period.
The owner cannot be held responsible for any damage or theft of personal belongings in the accommodation or in the outside areas.
The owner could not be responsible for fortuitous cases of force majeure or nuisance coming to disturb, interrupt, prevent the stay.
Minors under 18 years of age are under the sole and complete responsibility of their parents for the duration of their stay.
Tenants must not enter areas marked as private.
08/ ARRIVALS AND DEPARTURES
The tenant must arrive on the day specified in the present contract, between 5 p.m. and 8 p.m. and an appointment must be made the day before arrival. In case of late or delayed arrival, the tenant must inform the owner.
An appointment must be made the day before departure for the inventory of fixtures which will take place on the day of departure mentioned on the present contract between 7 am and 10 am.
09/ STATE OF THE ART
The inventory of fixtures with inventory, in two copies, are countersigned by the owner and the tenant (or signed for order by one of the tenants in the event of absence of the tenant) at the time of the arrival and the exit, each of the two parts preserving a copy. This document is the only reference in case of dispute concerning the rented premises.
The tenant will have to check on arrival the state of the premises and the inventory as well as the good working order of the household and sanitary appliances. The installations are in working order and any complaint concerning them occurring more than 24 hours after the entry in enjoyment of the places could not be admitted. Otherwise, the accommodation will be deemed to be in good condition and the inventory of fixtures and fittings will be true.
After the tenant’s departure, the owner has 24 hours to check the good condition of the dwelling and its equipment and to inform the tenant of any anomaly.
Failure of the tenant to sign the inventory of fixtures or to deliver the signed inventory of fixtures to the landlord shall constitute acceptance of the accommodation in the state in which it is found, according to the standard inventory recorded in the landlord’s office.
10/ SECURITY DEPOSIT
The tenant will give the owner a security deposit, in the form of a bank pre-authorization, in the amount of 1000 €. This deposit is requested 48 hours before arrival and required for the handing over of the keys. It is intended to cover damage and/or deterioration of the accommodation and the furniture and objects in the accommodation caused by the tenant, as well as the loss of keys or objects.
If no damage and/or deterioration is noted, the pre-authorization will be cancelled within 72 hours after the departure of the tenant.
If necessary, the security deposit will be cashed and then returned once the repairs have been made, minus the amount of the sums covering the damage, loss and/or deterioration of the accommodation and the furniture and objects in the accommodation caused by the tenant, as well as the administrative costs. Compensation for loss of earnings may be requested if the apartment cannot be re-rented as is. In the event of damage, loss and/or deterioration being covered by the tenant’s insurance, the security deposit will be returned within 8 days of the compensation being received, minus the amounts not covered by the insurance.
Animals are not accepted for hygiene and allergy reasons.
In case of non respect of this clause by the tenant, the owner or his representative will refuse the stay and no refund will be made.
12/ PELLET STOVE
The tenant is informed that his apartment is equipped with a pellet stove which is his main means of heating. By renting the cottage, the tenants accept the instructions for use, maintenance and safety of the pellet stove, and release the owners from any responsibility in case of problems.
The tenant has a private parking space located outside, about 50 meters from the entrance of the apartment (except for the Bon-Henri cottage for which the space is only available in non-snowy conditions). Any parking outside of this space must be in public parking spaces (the closest being 250 meters from the apartment).
The apartment is non-smoking. The tenant agrees to ensure that no one smokes in the apartment.
15/ INTERNET CONNECTION
Benefiting from a wifi internet connection, the tenant commits himself not to connect to illegal sites and not to proceed to illegal downloads.
The photos are not contractual.
17/ CANCELLATION BY THE TENANT
It is advisable to take out cancellation insurance with your insurance company, in order to be covered against cancellations or interruptions of your stay. You can subscribe with our partner Chapka Assurances by following this link (subscription until 48h after the reservation – COVID-19 coverage included).
Cancellation before the arrival in the premises: Any cancellation must be notified to the owner, by registered letter or email with acknowledgement of receipt.
- Cancellation more than 30 days before the beginning of the stay: the deposit remains with the owner
- Cancellation less than 30 days before the beginning of the stay: the deposit and the balance remain acquired
If the tenant does not show up within 24 hours after the indicated arrival date, the contract becomes null and void and the owner can dispose of the gite. The deposit and the balance remain the property of the owner, there will be no refund.
If the stay is shortened, the price of the rental remains with the owner. No refunds will be made, except for the security deposit.
18/ CANCELLATION BY THE OWNER
The owner pays the tenant the totality of the sums paid in advance.
19/ TERMINATION BY OPERATION OF LAW
In case of breach by the tenant of any of the contractual obligations detailed in the articles of this contract, the latter will be terminated immediately and by right, the proceeds of the rental remaining permanently acquired by the owner.
20/ CLAIMS AND DISPUTES
Any possible complaint during the tenant’s stay must be reported immediately to the owner or his representative in order to solve the problem as soon as possible. The tenant will not be able to claim any compensation in the event of urgent repairs having to be carried out during his stay inside the accommodation.
If the complaint concerns the state of the premises, it must be made in writing within 24 hours of arrival. The landlord and the tenant should encourage an amicable settlement. For other disputes, the tenant may refer the matter to a representative body without time limit. Any claim relating to the rental will be handled by the competent court.
According to the article L.612-1 of the Code of consumption, it is recalled that “any consumer has the right to have recourse free of charge to a mediator of consumption with a view to the amicable resolution of the dispute which opposes him to a professional. To this end, the professional guarantees the consumer effective recourse to a consumer mediation system”. In this respect, the hirer proposes to his Consumer Customers, within the framework of litigations which would not have found resolution in an amicable way, the mediation of a mediator of the consumption whose coordinates are the following ones:
The Center of the Mediation of the Consumption of Conciliators of Justice – 14 rue saint Jean 75017 Paris – https://cm2c.net/ – firstname.lastname@example.org
It is reminded that mediation is not compulsory but only proposed in order to resolve disputes by avoiding recourse to the courts.