General conditions France
TENANT : the lessee
AGENCY : the agency
OWNER : the owner of the rented property
1. - INVENTOR
The details of the individual facilities and furnishings are specified in the inventory appended to this agreement.
A schedule of condition and an inventory of the furniture, equipment, materials and items shall be drawn up in the presence of the Agency and the Lessee when the keys are handed over to the Lessee and when the Lessee leaves the property.
2. - DURATION
The rent was concluded for well determined duration and cannot be extended without the agreement preliminary and written by the Agency.
According to the legislation of the leases of vacation rentals, the total duration of the rent can be carried in more than ninety days.
3. - ARRHES - DEPOSIT
When the keys are handed over, the Lessee shall pay a security deposit to the Agency. This amount shall not accrue interest.
The repayment of all or part of the security deposit shall take place within 15 days after the schedule of condition on leaving the property is drawn up and the keys are returned at the end of the stay, after deduction of the cost for replacing missing or damaged furniture, equipment, materials and items, any repair costs, additional cleaning, various costs and consumption charges not included in the amount of the rent.
If the amount of the security deposit proves to be insufficient, the Lessee shall pay the Owner any additional amount upon production of supporting documents by the latter within eight days of production thereof.
4. - OBLIGATIONS OF THE TENANT
- pay the rent and service charges in accordance with the agreed terms and conditions;
- peacefully use the leased premises in accordance with the contractual purpose thereof;
- refrain from transferring or sub-leasing the leased property;
- The furniture and fittings may only sustain damage resulting from normal use in accordance with the purpose thereof. Any furniture and fittings missing or out of order upon expiry of this agreement due to a reason other than normal wear and tear must be paid for or be replaced by the Lessee, subject to the Owner’s prior consent. This clause shall also apply to wallpaper, hangings and the building in general.
Where applicable, the following shall be deducted:
- the value of broken or cracked items;
- the price of washing or cleaning rugs, covers, mattresses, bedding, etc. which have been stained.
- The Lessee shall refrain at all times from throwing items in the bathroom sink, bath, bidet, kitchen sink, laundry, toilet, etc. which may block the pipes, failing which, said Lessee shall be liable for the costs incurred to repair such appliances.
- be liable for damage and loss which arise during the term of the lease of the property which is in the Lessee’s exclusive possession, except in the event of force majeure, a fault by the Lessor or action by a third party which the Lessee did not authorise to enter the property;
- refrain from altering the leased premises or equipment;
- The property leased pursuant hereto must not under any circumstances be occupied by a number of people higher than the number stated in the special terms and conditions, without the Owner’s prior consent;
- comply with the building’s internal rules and/or co-ownership rules;
- take out insurance against the lessee’s risks and provide proof thereof when handing over the keys;
- allow the Lessor, its representative or the building co-owners’ manager to have access to the property as often as necessary.
5. - OBLIGATIONS OF THE OWNER
- provide the Lessee with accommodation in a good state of use and repair and the equipment stated in the inventory in good working order.
- grant the Lessee the peaceful possession of the leased property and, without prejudice to the provisions of Article 1721 of the Civil Code [pursuant to which the Lessor must guarantee (and where applicable, indemnify) the Lessee against all faults or defects of the leased property which prevent use thereof, even if the Lessor was unaware thereof upon signature of the lease], guarantee the faults or defects which may hinder peaceful possession thereof;
- keep the property in a state of use for the purpose provided for by the agreement and carry out all repairs required, even which are incumbent upon the lessee, keep the leased property in a good condition and carry out the normal upkeep of the leased premises (see Article 2.3).
6. - INSURANCE
The Lessor has taken out an insurance policy on behalf of the Lessee covering the risks of fire, theft, broken windows, water damage and recourse by third parties relating to the leased property, furniture, equipment, materials and items furnishing the property. The cost of the insurance premium shall be borne by the Lessee.
This premium is laid down under the heading “Price of the Stay” in the Special Terms and Conditions.
8. - RESOLUTION CONDITION
In the absence of payment of the rent and services charges on the due date, the lease shall be terminated by operation of law.
Without prejudice to the implementation, where applicable, of the resolutive clause and the claim for damages, in accordance with Article 1226 of the Civil Code relating to penalty clauses, the parties agree that failure to pay the rent and service charges shall give rise to a 15% increase in the amounts owed.
This penalty clause shall apply in the event of the Lessee’s failure to take action after five days of dispatch of a formal notice by the Lessor or the Lessor’s representative by registered letter with acknowledgement of receipt.
9. - TRAITEMENT INFORMATIQUE DE L’INFORMATION
Articles 39 et seq. of the "Information Technology and Freedoms” Act no. 78-17 of 6 January 1978 state that you have the right to access, modify, correct and delete data which concerns yourself.
10. - LAW
The parties expressly agree that this agreement is subject to and governed by French law.
All the disputes to which this agreement may give rise shall be referred to the Courts of Draguignan, whether there is a plurality of defendants or any appeal under guarantee or not
11. - LEGAL CONDITIONS
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