General conditions France
TENANT : the tenant
AGENCY : the agency
OWNER : the owner of the rented property
1. – INVENTOR
At arrival and departure the OWNER and the TENANT will check and sign the inventory together. In the case the inventory can not take place the tenant has to inform within 72 hours after his arrival about any defect or problem. After this period the tenant will be held responsible in case of any damage, or missing objects recorded.
2. – DURATION
The rental period may not be extended without the prior and written consent of the OWNER or the AGENCY and the tenant's acceptance of this. In case of extension the rental period can in no case exceed 90 days. The tenant declares that the premises which this contract refers to will only be rented out to him/her as a temporary residence. These are major conditions without which this rental would not have been agreed.
3. – ARRHES – DEPOSIT
The deposit paid by the TENANT is a deposit as described in article L 114-1 du Code de la consommation, accepted by both parties.
This amount will be deduced from the total rental price.
In case of cancellation by the TENANT till 6 weeks before arrival, the deposit will not be refunded. If the cancellation occurs within 6 weeks before arrival, the total rental price minus the deposit will be due to the agency.
Any cancellation must be transmitted to the agency via registered letter with acknowledgement of receipt. In case of advanced departure, no matter for what reason, the total rental price will be due.
4. – DAMAGE DEPOSIT
The deposit is paid to rectify any damage that may be caused to the rented property or movable or immovable objects used to decorate it. This sum will be paid by the TENANT to the OWNER or his representative (but not to the agency) at arrival such as described in the particular conditions in the article "PAIEMENT DU PRIX DU SEJOUR ET DU DEPOT DE GARANTIE". This amount will not produce any interest.
The deposit will be refunded by the OWNER to the TENANT, less any expenses incurred in replacing objects, carrying out repairs or further cleaning, and paying for eventual consumption of utilities not included in the rental price.
In case in the particular conditions is mentioned that the rental price includes all charges, the deposit will be refunded by the OWNER latest within 2 weeks after departure.
In case in the particular conditions is mentioned that the TENANT has to pay certain (consumption related) charges separately, the deposit will only be refunded once the OWNER has received the bill and has deduced the costs made by the TENANT.
If the deposit proves to be insufficient, the tenant agrees to make up the amount at presentation of the bill, and within 8 days after presentation of this bill.
5. – OBLIGATIONS OF THE TENANT
- The tenant agrees to accept the property at the date mentioned in the contract and to accept the rental property in the condition it is in, as it is specified in the description which is appended to this contract
- • Movable objects and furniture should not suffer more damage than would be associated with the normal use for which they are designed. Any that are missing or damaged, due to any other cause than normal use, when this agreement expires must be paid for or replaced by the lessee, with the consent of the owner or his/her representative. This clause also applies to wallpaper, curtains and the building in general.
If necessary, the following will be retained:
- A sum to cover any broken or damaged objects ;
- the cost of cleaning or washing carpets, rugs, mattresses or bedding, etc. in order to remove any stains.
- The tenant agrees to use the furniture and objects in the rental property for their intended purpose in the place where they are located. It is expressly forbidden for the lessee to remove them from the rental property.
- The tenant must completely refrain from disposing of objects which are likely to obstruct the pipes in the washbasin, bath, bidet, sink, wash house or WC, etc; otherwise he/she will be liable for the expenses associated with repairing these facilities.
- The TENANT may not, UNDER ANY CIRCUMSTANCES, sublet or transfer his/her rights to this agreement without the express consent of the owner or his/her representative; the TENANT must use the rental property for his/her private use and may not, under any pretext, store any furniture there, except for washing and small objects. Non-compliance with this clause will lead to termination of the contract. The TENANT may not, under any circumstances, organise any reception (wedding, party…) without the express consent of the OWNER.
- The currently-rented property must, under no circumstances, be occupied by more than the number of people specified on the special terms and conditions, unless the OWNER has provided his/her prior consent.
- The TENANT must allow any necessary urgent maintenance work to be carried out to the premises and any shared equipment. The TENANT also has to leave access to the different persons in charge of pool maintenance, garden maintenance and cleaning as planned.
- The lessee must not bring any animal into the rented premises, even momentarily, unless the agency has provided its consent.
- In the case of a rental in a block, the tenants, as occupants, will be responsible for adhering to the internal regulations of the block, which they acknowledge having studied.
- The lessee must inform the OWNER immediately of any defect or damage no matter the cause.
6. – OBLIGATIONS OF THE OWNER
The OWNER obliges himself to make the rental property available to the TENANT with its furniture, equipment and objects in the same condition as specified in the description, and to comply with the obligations resulting from this agreement.
7. – INSURANCE
The AGENCY takes out an insurance fort he TENANT, against fire, theft, glass damage, water damage, and more generally, for all risks associated with fixtures and fittings provided as part of the rental. The price for this insurance is paid by the TENANT.
The insurance price is included in the rental price, see “RENTAL PRICE” in the particular conditions. In case the TENANT does not want this insurance, he must supply proof of an appropriate insurance to cover the rental during his stay in case of any damage.
8. – RESOLUTION CONDITION
If payment is not received within the specified time limits, or if any of the clauses in this contract are not executed, and if 5 days after a formal notice has been issued a satisfactory outcome has not been achieved, the owner (or his/her representative) may demand the immediate termination of this agreement, whereupon the lessee will be required to vacate the rental property following the simple request of the juge des référés [judge sitting in chambers to deal provisionally with matters of special urgency].
Each amount not paid within the accorded delay can be increased with 10% as mentioned in article 1226 du Code civil and this 8 days after reminder sent via registered letter with acknowledgement of receipt. Besides the resolution condition mentioned before, an indemnification can be claimed regarding the default made by the tenant.
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 present contract is submitted to the French law. The local court in the area of the location of the rental will be in charge of any eventual dispute regarding the present contract.
11. – VALUE OF THIS TRANSLATION
The present contract is established in French, and translated only for your information in English. In case of any difference between both versions, the French version will prevail..
12. – LEGAL CONDITIONS
Publisher and head office:
Provence Location Saisonnière
Actracom Sarl au capital de 7500 euros -
RCS Antibes 451 082 994 -
Carte professionnelle : 435 (5687 T 2460 G)
Bureau 3000 – 188 Av Eugène Donadeï –
06700 ST LAURENT DU VAR
Tel. : 06.22.10.45.60
Organisme de garantie : SO.CA.F
Director of publication:
Ludivine Ronchi
Tel 0033(0)6.22.10.45.60
contact@provence-location-saisonniere.com
Internet Law : amendment, correction, deletion
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