Real estate agency Saint Rémy de Provence

2 Mars 2015

Conditions

1) LEGAL STATUS OF THE CONTRACT

The rental contract refers to a temporary holiday home only. Under no circumstances shall the premises be used as a main or secondary home, nor shallthe lessee be allowed to practice any trade or professional activity within the property. Consequently, this contract is governed by and submitted to the laws of the Civil Code as well as to the following conditions.

2) DURATION 

The lease will automatically end at the fixed date, without provision of notice to the lessee. The rental period cannot be extended without the prior signed agreement of the lessor.

3) FORMATION OF THE CONTRACT

- Booking by the lessee: To make a booking reservation, the lessee will return a completed, signed contract: it imust be accompanied by a deposit of 30% ofthe rental tariff as stipulated in the contract. The balance must be paid no later than 30 days before the arrival date; failure to pay the balance on timewill constitute cancellation in accordance with paragraph 9.  
- Confirmation by the lessor or his/her/ representative: Within 10 days of receipt of the deposit payment, the lessor or his/her representative will mail: confirmation of the availability of the property, the contract between them becoming binding; or, in the event that the premises are unavailable for the dates required , to return the lessee’s deposit to the lessee. On the express request of the client, the lessor or his/her representative will be able to retain the deposit for the rental of alternative holiday accommodation of a similar type and standard and in a similar locationas that originally requested, or for the rental of the originally selected premises during another period, and will convey to the lessee the conditions ofthe new rental, in order to obtain his/her express agreement. 
- Type of Agreement: The 30% payment being considered a deposit, the  contract between the lessor and the lessee is binding. Consequently, if one of the parties fails to honour his/her/her obligations, the other party may demand the forced performance of the contract or compensation.

4) ALTERATIONS TO OR CANCELLATION OF CONTRACT

- Cancellation by the lessor or his/her representative : In the unlikely event that it is necessary to make an alteration to or cancel the holiday accommodation specified in the holiday confirmation form, the lessor commits himself to inform the lessee about it as soon as possible and, if requested, to try to arrange alternative holiday accommodation of a similar type and standard and in a similar location as that originally requested. 
If the alternative holiday accommodation is not acceptable, the lessor agrees to refund any deposit already paid and shall be under no other liability. 
- Cancellation by the lessee:  Any cancellation by the lessee must be inwriting (recorded delivery recommended) addressed to the lessor or his/her representative Cancellations are effective on the day they are received. 

Cancellation penaltiesare determined as follows:
 - Cancellationmore than 30 days before booked arrival date: 30% of the price of the rental.
 - Cancellationbetween 29 and 3 days before booked arrival date: 80 % of the price of therental.
 - Cancellationless than 3 days before booked arrival date: 100% of the price of the rental.
No reimbursementallowable for premature departure.
The non-reception of therental payment balance by 30 days preceding the booked arrival date, will beconsidered a cancellation effective with the charges and resultant duesincurred  
(Cf Insurance)

5) SECURITY DEPOSIT

Theprice of the rental, and the extra charges or taxes are included in thecontract . On arrival, when the lessee receives the keys, he/she will be asked to pay to the lessor a security deposit which amount is specified in the contract, to cover the cost of any damage, loss or breakage which may occur his/her stay. Any object damaged, lost or broken must be replaced or reimbursed to the lessor . This security deposit, which is not interest-bearing, shall notbe considered as a part payment of the rental. 
After the return of the keys in the absence of any debate arising from the state of the premises on departure, the security deposit will be returned within 15 days. The security deposit will be refunded to the lessee within 60 days maximum after his/her departure, less any costs. The return of keys by the lessee to the lessor at the end of the stay, does renunciate the lessor for compensation for rental repairs, losses, or damage, if the lessor proves thatthe damages are the results of the lessee’s negligence.

6) RESTRICTIONS ON NUMBERS

The number of people staying at the property must not exceed the number of sleeping places as per the description, except with the prior agreement of the lessor.In the event that the maximum is exceeded without prior agreement, the lessor reserves the right to refuse or revoke the booking at their sole discretion orto levy extra charges.

7) ARRIVAL AND DEPARTURE

The lessee must arrive between 4 pm and 7 pm on the holiday commencement date,and the accommodation must be vacated by 10 am on the last day, unless otherwise specified in the contract. The lessee commits himself to inform the lessor of a late or delayed arrival, so that arrangements can be made for entry to the holiday accommodation. Any arrial after 10pm not specified to thelessor may be refused and the lessee may be unable to occupy the property untilthe next day.

8) OBLIGATIONSAND DUTIES OF THE LESSEE

- Thelessee agrees to: 

- Only use the premises as a temporary vacation home and shall under no circumstances use it for trade or professional reasons. No event such as awedding, large party or reception shall be organized without the priorauthorization of the lessor or his/her representative. 
- Respect and cause his/her party to respect the neighbourhood and the property. The person signing the contract is responsible for the correct anddecent behaviour of his/her party. Should the lessee or his/her party notbehave in such a manner, the lessor may at his/her absolute discretion ask thelessee and his/her party to vacate the property without a refund of the price 
- Take possession of the premises personally. Under no circumstances shallhe/she sub-rent them, neither free of charge, nor accede rights to this rentalunit, without the prior agreement of the lessor or his/her representative.Photographs taken at the property cannot be used or sold for profit withoutprior authorization of the lessor. 
- Under no circumstances store or warehouse any type of furniture, exceptfor linen or small objects. 
- Make no changes to the arrangement of the furniture and of the premises. 
- Under no circumstances bring pets (dogs, cats, etc.) in the property without prior written permission of the lessor. 
- Permit obviously urgent repair work to be carried out.
- Keep the holiday accommodation and all furniture, fittings, effects,facilities and equipments in the same state of repair and condition as at thecommencement of the holiday, and leave the holiday accommodation in the samestate of cleanliness and general order in which it was found. 
- Assume any damage or loss which occurs to the property or its contentsduring his/her occupation, and to pay appropriate compensation to the lessor direct in the event of breakages or damages, unless he can prove it has occured without any failure or negligence from him or his/her party. 
- Advise in advance about his/her day and time of departure 

MAKE AN APPOINTMENT WITH THELESSOR THREE DAYS BEFORE HIS/HER DEPARTURE FOR THE LEAVING PROCEDURE.

9) MAIN DUTIES OF THE LESSOR

Thelessor agrees to: 

- Provide facilities in good state of use and repair, including the equipment mentioned as being in good working order in the contract .
- Provide the lessee with the peaceful enjoyment of the rented facilities and ensure that this/her peaceful enjoyment will not be prevented by anydefects or vices. 
- Except under urgent circumstances, not do any repair works in the rented premises during the time the facility is being rented. Any work being done willbe compensated to the lessee for the trouble that has been caused. 
- The lessor or his/her representative shall not be liable for any loss,breach or delay due to any cause beyond his/her reasonable control, including though not limited to explosion, flood, tempest, fire or accident, war orthreat of war, civil disturbances, acts, restrictions, regulations, bye-laws,or measures of any kind on the part of any governmental or local authority, strikes, lock-outs, or other industrial actions or disputes, or adverse weather conditions.

10) VALUABLES

Anyvaluables left at the property are left at the lessee’s risk. Under no circumstances shall the lessor be responsible for any loss, damage or consequential losses due to theft or any other security-related incident howsoever caused. 

11) ELECTION OF DOMICILE

Forthe purposes of the present contract, the parties elect domicile at the respective addresses indicated at the beginning of the contract, noting thatonly the Trbunal for the area of the rental property is competent.