General Terms and Conditions for Furnished Tourist Accommodation

These general terms and conditions for the rental of furnished tourist accommodation may be modified at any time, without prior notice, it being understood that such modifications will not apply to rentals that have already been accepted. It is therefore imperative that the Customer consults and accepts the general terms and conditions of sale before signing the contract in order to be sure of the provisions in force.

Furnished tourist accommodation can be rented remotely via websites, in particular www.provenceholidays.com. The provisions of these general terms and conditions of sale also apply to distance sales and are supplemented by special conditions.

The Lessor's obligations are :

  • to provide the Tenant with decent accommodation within the meaning of articles 2, 3 and 4 of the aforementioned Decree no. 2002-120 of 30 January 2002, and in a good state of repair and use, as well as with equipment in good working order, to maintain the premises in a state fit for use as seasonal accommodation and to carry out all repairs required to maintain the leased premises in a good state of repair and for their normal upkeep,

  • to ensure the Tenant's peaceful enjoyment of the rented premises and, without prejudice to the provisions of article 1721 of the French Civil Code, to guarantee the Tenant against any defects or faults likely to impede such enjoyment, with the exception of those recorded in the inventory of fixtures and fittings and referred to in the Special Conditions,

  • to inform the Tenant, by any means of its choice, of the regulatory diagnostics relating to the leased property,

  • if the rented property includes a private, non-enclosed, in-ground swimming pool, and in accordance with legal provisions, the Landlord shall provide the Tenant with instructions for use to alert him to the risks inherent in the existence of a swimming pool, particularly for young children, and the need to use the safety device to prevent the risk of drowning. These instructions, provided by the Landlord no later than the day the Tenant moves in, indicate ‘the characteristics, operating conditions and maintenance of the safety device’.

The Tenant's obligations are :

  • to provide the Landlord's Agent with a copy of an official document proving the identity of the Tenant(s) named in the Special Terms and Conditions before signing the rental contract; and to inform the Landlord’s Agent without delay of any change in the Tenant's civil status;

  • to pay the rent and service charges as agreed;

  • to take possession of the rented premises in the state they are in when you take possession of them, to use the rented premises peacefully as furnished tourist accommodation, both for yourself and for those staying there with you, and not to transform the rented premises and equipment;

  • to allow the urgent work required to maintain the rented premises and its fixtures and fittings to be carried out on the premises, and to allow the Landlord or his agent, all contractors and workmen, and all persons authorised by him, to enter the Rented Premises in order to carry out the necessary work or repairs, subject to giving forty-eight (48) hours' notice, except in the event of imminent danger requiring immediate intervention, to maintain the garden, the residence, the swimming pool or any item of property equipment (the company responsible for maintaining the swimming pool, maintaining the green spaces, the residence caretaker, the cleaning company responsible for maintaining and cleaning the residence, the craftsmen appointed by the Landlord to carry out repairs, etc.);

  • not to transfer, in whole or in part, his right to this lease, nor to sublet, in whole or in part, the leased premises, nor to substitute any person whatsoever, nor to lend the leased premises, even temporarily, to third parties;

  • to be responsible for any damage, disturbance, nuisance to neighbours, contravention of internal regulations, co-ownership and police regulations, and losses that occur during his occupation of the rented premises, unless he can prove that they were caused by force majeure, by the fault of the lessor or by the actions of a third party whom he did not bring into the premises; to also be responsible for damage and loss caused to the common areas by himself or by persons he has brought into the building, without prejudice to the application of the provisions of articles 1733 and 1734 of the Civil Code;

  • to waive all rights of recourse against the Landlord, who does not undertake to provide or arrange for the provision of surveillance of the building and the leased premises, except in the event of proven fault on the part of the Landlord:

    • in the event of theft, burglary or any other criminal act committed in the rented premises or the common areas of the building;

    • in the event of an accidental interruption in the supply of water, gas, electricity, telecommunications, compressed or conditioned air, mechanical ventilation, heating, hot water or any other service, the operation of the lift(s) if any, or any other item of equipment;

    • for any consequences resulting from the tenant handing over the keys to the building's employees;

    • in the event that all or part of the premises are destroyed or expropriated;

    • in the event of disturbance or damage caused by other tenants or occupants of the building or any other person.

  • to comply strictly with the safety rules given to him by the Lessor, in particular the rules concerning the use and maintenance of the swimming pool. The Tenant undertakes to comply scrupulously with the instructions for use set out in the safety instructions provided by the Landlord and undertakes to inform the Landlord immediately, or the person in charge, in the event of a malfunction of the safety device.

Destination of the premises

The property in no way constitutes the Tenant's principal residence, as the Tenant is merely passing through and has no intention of taking up residence there, which is an essential and determining condition of the lessor's consent.

The Tenant undertakes to respect the intended use of the rented premises and in this respect shall refrain from organising any commercial event or private gathering. Any such acts would be grounds for immediate termination of the lease at the Tenant's expense, with the Landlord or its Agent being entitled to retain, as penalties, the full amount of the rent paid, notwithstanding the payment of additional damages.

Occupation of the premises

The Tenant undertakes to enjoy the property and its furnishings, objects and equipment in a peaceful and respectful manner. In this respect, the Tenant undertakes to return the property clean and tidy in the same condition as when they moved in.

The Tenant undertakes not to smoke inside the rented property and, outside, to dispose all cigarette buds in ashtrays.

The Tenant shall refrain from opening the spaces that the Landlord has reserved for itself in the rented property.

The Tenant undertakes to contact the Landlord immediately, or the person in charge, in the event of any loss or damage occurring during the rental period, and of any damage, deterioration or loss affecting both the furniture and the property.

Number of beds

The Tenant undertakes to comply strictly with the maximum number of beds (including children's beds and cots) stated in the Contract. Any breach of this stipulation shall justify the immediate implementation of the resolutory clause referred to in article 7 of the General Terms and Conditions, with the Landlord or his Agent being entitled to retain, by way of penalties, the full amount of the rent paid, notwithstanding the payment of additional damages.

Furniture, objects, equipment and damage

The Tenant acknowledges that the property has been arranged to ensure the Tenant's quality enjoyment of the premises, and that the Landlord provides the Tenant with the furniture, objects and equipment to furnish the premises.

Photographs of the property published on promotional media reflect the reality at a certain point in time and are not contractually binding.

The Tenant undertakes to keep the furniture and furnishings in their original condition and to use them in accordance with their intended purpose. If, at the end of the lease, any furniture, objects or equipment are missing or have been taken out of service, they must be paid for or replaced by the Tenant at the request of the Landlord or its Agent. This clause applies to paper, hangings, household linen, crockery, carpets, blankets, mattresses, etc. Where applicable, the Tenant shall be required to reimburse the value of any broken or cracked items and to pay the costs of washing and cleaning any carpets, blankets, mattresses, bedding, etc. that may have been stained.

The Tenant shall refrain from throwing into the washbasins, bathtubs, bidets, sinks, washbasins, WCs, etc., any objects likely to obstruct the pipes, failing which he/she shall be liable for the costs incurred in restoring these appliances to working order.

Generally speaking :

  • Expenses incurred in restoring the rented premises, repairing, cleaning, replacing furniture in the broadest sense and objects not covered by the account insurance will be deducted from the security deposit.

Where the rental includes Internet access, the Tenant undertakes not to use this access for the purposes of reproducing, representing, making available or communicating to the public works or objects protected by copyright or by a related right such as texts, images, photographs, musical works, audiovisual works, software and video games without authorisation, and not to use illegal download software.

The Tenant shall comply with the security policy defined by the Landlord and with the rules governing the use of the network and computer equipment. The Tenant is hereby informed that if he/she fails to comply with these obligations, he/she may be prosecuted for counterfeiting in accordance with the French Intellectual Property Code.

Animals

The presence of pets is not authorised in the rented property or in the surrounding area.

By express dispensation of the Landlord, at the request of the Tenant, and within the limit of the number of animals declared in article 2 of the Specific Conditions, the Landlord may authorise the presence of one or more animals.

The Tenant acknowledges that :

  • In principle, no specific arrangements are envisaged in the rented property to accommodate animals; this is merely a tolerance on the part of the Lessor.

  • A supplement may be applied if expressly accepted by the Lessor. The charges will be detailed in the special conditions of the holiday rental contract and must be paid before arrival.

The Tenant undertakes not to leave the animal(s) alone or unsupervised during the stay.

He acknowledges that the animal(s) are not allowed in the swimming pool, bedrooms, bathrooms or on the furniture. The Agent and the Lessor decline all responsibility in the event of drowning or animals escaping from the property and causing damage to third parties. In general, the Agent and the Lessor decline all liability in connection with damage to third parties and objects caused by an animal, even an authorised one.

The Tenant undertakes to provide everything necessary for the animal, including bedding.

He/she undertakes to clean and dry the animal completely before entering the house. He/she undertakes to clean up the animal's faeces before leaving, in the interests of hygiene, health and safety, and for the sake of others. If this is not done, a company will be appointed to do so. The service will be invoiced and deducted from the security deposit.

G.C.2. Duration of the lease - arrival and departure times

The seasonal rental contract sets out the duration of the contract and the date and time of the Tenant's arrival and departure.

On receipt of payment of the balance of the rental price, the Tenant will receive an electronic access map to the property and will be put in touch with the reference person, hereinafter referred to as the ‘contact person’, to be contacted to manage the arrival and the inventory of fixtures on arrival and departure. This person is the contact person during the stay for any questions or difficulties that may arise.

The Landlord will provide the Tenant with a welcome booklet containing instructions for the use and maintenance of the equipment, as well as a booklet for the use of the swimming pool and the safety system.

In the absence of any stipulation to the contrary in the seasonal rental contract:

  • the arrival time is between 4 p.m. and 5 p.m.

  • the departure time is before 10 a.m.

The Tenant must notify the lessor's representative or the contact person by e-mail of any impediment or delay at least forty-eight (48) hours before the planned date of arrival and departure:

  • If the Tenant fails to provide this information as soon as reasonably possible before the planned date of arrival, the Tenant is hereby informed that he may not have access to the property on the date of arrival and at the time requested by him, without this delay being attributable to the Landlord or his Agent.

  • In the event that the Tenant wishes to leave the premises before the scheduled departure date and time: if the Tenant fails to inform the Landlord or its Agent at least forty-eight (48) hours before the scheduled departure date, the Tenant acknowledges that he/she is taking the risk that the Landlord will not be available on the desired departure date and time to draw up the joint inventory of fixtures. In this case, the Landlord or his/her Agent shall immediately inform the Tenant of this circumstance. If the Tenant, aware of the Landlord's unavailability, intends to maintain the desired departure date and time, the inventory of fixtures that the Landlord will draw up will be deemed to be contradictory with regard to the Tenant and will be enforceable against him without restriction or reservation, as he expressly accepts under the conditions set out in article 10 below.

  • In the event that the Tenant wishes to leave the premises after the scheduled date and time of departure: unless the Tenant has obtained the agreement of the Landlord or his/her Agent at least forty-eight (48) hours before the scheduled date of departure, the Tenant may not in any way leave the premises after the scheduled date and time of departure. In the event that the Tenant does not actually leave the premises on the date and at the time stipulated, the Tenant shall be liable to pay a daily occupancy indemnity calculated on a pro rata basis for the time occupied on the basis of the total rent increased by FIFTY PER CENT (50%), without prejudice to the Landlord's right to additional compensation.

G.C.3. Inventory of fixtures on arrival and inventory of fixtures on departure

The inventory of fixtures and fittings forms an indivisible whole with the rental agreement.

In addition to this descriptive inventory of fixtures and fittings, a joint inventory of fixtures and fittings at the start of the rental period and a joint inventory of fixtures and fittings at the end of the rental period are systematically drawn up between the Landlord, or any person appointed by the Landlord, and the Tenant.

G.C.3.1. Entry inspection and handover of keys

The inventory of fixtures is drawn up by the Landlord, or any person appointed for this purpose by the Landlord, in the presence of both parties, on the date of entry into the premises and before the keys are handed over. On this occasion, an inventory of the furniture and valuables shall be drawn up and the correct operation of the equipment shall be checked.

Each party keeps a copy of the inventory of fixtures.

Once this inventory has been completed, the keys are handed over to the Tenant.

In the event that this inventory of fixtures cannot be carried out for any reason whatsoever, the Tenant shall be presumed to have received the property and its equipment in a good state of repair, unless the Tenant expresses any reservations to the Landlord's Agent or to the contact person designated by the Landlord by any means in writing within TWENTY-FOUR (24) HOURS of receiving the keys.

During the TWENTY-FOUR (24) HOURS following the handover of the keys, the Tenant may request that the inventory of fixtures be completed if he/she finds that an appliance, object or item of furniture that was not checked when the inventory of fixtures was drawn up is not working or is damaged.

In the event that no inventory of fixtures is drawn up on arrival, the provisions of article 1731 of the Civil Code, which states that: ‘If no inventory of fixtures has been drawn up, the lessee is presumed to have received them in a good state of repair, and must return them as such, unless proven otherwise’, will be fully applicable.

G.C.3.2. Exit inspection, vacating the premises and returning the keys

The departure inventory of fixtures shall be drawn up by the Landlord, or any person appointed for this purpose by the Landlord, in the presence of both parties, on the day on which the premises are vacated and before any keys are returned, at a time agreed by both parties, and within the limits set out in article C.G.2.

Each party shall keep a copy of the departure inventory of fixtures.

At the end of this inventory of fixtures, the Tenant shall return to the Landlord or to the designated person the number of keys entrusted to him on his arrival. If the Tenant fails to comply with this obligation, he/she will be charged a sum either to replace the keys that have not been returned or to change the locks on the rented property.

The house and all the equipment made available to the Tenant must be returned in a clean and tidy condition, i.e. the dishes must be washed and put away as they were on arrival, the fridge and dustbins emptied, the barbecue cleaned, etc.

In the event of excessive soiling in comparison with the inventory of fixtures on arrival, and resulting in the cleaning team having to work harder than usual, the additional cost of the cleaning service in excess of 150 euros inclusive of tax will be invoiced to the Tenant in full and deducted from the security deposit.

During the FORTY-EIGHT (48) HOURS following the handover of the keys, the Landlord may request that the departure inventory of fixtures be completed if it is found that any appliance, object or item of furniture not checked when the departure inventory of fixtures was drawn up is not working or is damaged.

In the event that the inventory of fixtures on departure reveals damage attributable to the Tenant, the insurance policy taken out shall indemnify the Landlord in accordance with the attached conditions and the Tenant shall be required to pay the sums not covered by the insurance, including the deductible.

Any expenses incurred by the Landlord to cover damage to and/or deterioration of the rented property and its equipment, furniture and furnishings shall be deducted from the security deposit unless such expenses are covered by the insurance.

G.C.4. Security deposit

The amount of the security deposit is set out in Article 5 of the Special Terms and Conditions of the Contract.

Up to €10,000, a guarantee in the form of a bank imprint from the Tenant will be set up by means of an online banking transaction platform no later than fifteen (15) days before the effective date of the seasonal rental contract.

For security deposits exceeding the sum of €10,000, a bank transfer will be made by the Tenant to the Agent's account.

The security deposit must be paid no later than fifteen days before the Tenant moves in, in accordance with the conditions set out in the Special Conditions. The Landlord's Agent shall send the Tenant an email inviting him to pay the sums due on the required dates.

At the end of the Rental Period, the conditions for returning the security deposit are set out in Article 5 of the Special Terms and Conditions of the Contract.

G.C.5. Rental price

The rental price, charges and additional services are fixed and payable in euros. The risk of variations in the exchange rate is borne by the Tenant.

The Landlord's Agent is authorised to collect all sums due in respect of the rental.

All services ancillary to the rental contract are invoiced separately either by external service providers or by the Agent, in accordance with the specific terms of the rental contract.

The rental price is the consideration for occupancy of the property for the specified period. It does not include tourist tax, which depends on the length of stay, the number of occupants and their age, or additional services (provision of a cook, cleaning service, laundry service, etc.). The cost of taxes, announced as an indication, and that of additional services are indicated in the Special Conditions. They will be invoiced additionally.

The rental price is set out in the special conditions in article 4.

A deposit on the rental price and administration costs must be paid by credit card by the Tenant when signing the holiday rental contract.

The balance due must be paid by bank transfer no later than one month before the date of entry specified in the rental contract, except in the case of an additional invoice for services or charges incurred after the signing of the rental contract.

If the rental contract is signed less than one (1) month before its effective date, the Tenant will pay the full rental price when the rental contract is signed.

Any failure by the Tenant to pay the sums due by the imperative dates set out above shall be grounds for immediate termination of the contract, strictly imputable to the Tenant, with the financial penalties set out in article CG.7, and shall therefore make the property available for letting to other tenants.

G.C.6. Modification of the conditions of the rental contract

Modification by the Tenant

Once the rental contract has been signed and the sums referred to in the special conditions have been paid, if the Tenant wishes to make any changes to the conditions of the seasonal rental, he must inform the Landlord's Agent, who will endeavour to meet the Tenant's expectations as best as possible. Any modification of the conditions of the seasonal rental contract requires the acceptance of the Landlord, the signature of a written amendment between the parties and the payment by the Tenant of any costs (for example, the costs of cancelling a reservation made with the Landlord for the property initially rented) or additional costs generated by this request for modification.

If the Landlord is unable to accept the changes requested by the Tenant, this shall be tantamount to termination to the Tenant's detriment and the provisions of article 7 of the General Terms and Conditions ‘Termination by the Tenant’ shall apply.

Modification by the lessor

Any modification of the rental conditions by the Landlord, except in cases of force majeure, must be accepted in advance by the Tenant and be the subject of a written amendment.

If, as a result of the Tenant's refusal to accept the changes requested, the Landlord nevertheless wishes to terminate the rental contract, it will reimburse to the Agent all the sums already paid by the Tenant under the rental contract, plus the commission due to the Agent and defined in the Special Terms and Conditions, without delay upon notification of the termination of the rental contract.

G.C.7. Termination of the lease

Resolutory clause

It is expressly agreed that in the event of non-payment of a single term or fraction of a term of rent on its due date or in the event of non-repayment on their due date of all sums ancillary to the said rent, in particular provisions, costs, taxes, security deposit, or in the event of non-performance of any of the clauses and conditions of this Lease, in particular if the number of occupants declared in this lease agreement is less than the actual number of occupants found in the rented premises, in the event of breach of any of the clauses of this article, the Lease shall be terminated automatically, at the Landlord's discretion, and seven (7) days after receipt of a formal notice to pay or perform served by e-mail with acknowledgement of receipt and reading which has remained unsuccessful, without it being necessary to bring an action before the courts. Even in the case of payment or performance subsequent to the expiry of the above time limits.

The cost of any summons or summons delivered by the Landlord to the Tenant by bailiff shall be borne by the Tenant, as well as any other judicial or extrajudicial acts and the fees, including the proportional fee due to the bailiff in the event of recovery, directly related to the non-performance or non-observance of any of the clauses of the Lease, unless it is acknowledged amicably or judicially that this act was not entirely justified

Accordingly, any breach by the Tenant of the provisions of this Lease, and any breach relating to the payment of rent, charges, taxes, the security deposit, the purpose of the Lease, the maintenance and general conditions of use of the Rented Premises, the Tenant's obligations, and the prohibition in principle on any transfer or sub-letting, shall be sanctioned by the application of this resolutory clause.

If, on the effective date of this resolutory clause, the Tenant is already in the premises that he/she refuses to vacate, he/she may be evicted by a summary order issued by the President of the Court having territorial jurisdiction and enforceable provisionally, notwithstanding any appeal, without the Tenant being able to claim any compensation on any grounds whatsoever and without prejudice to any other compensation or damages payable by the Tenant.

Termination by the Lessor

The Lessor shall have the right to terminate the rental contract if the property that is the subject of this rental contract becomes unfit for rental due to damage, disrepair, deterioration or any other alteration requiring the implementation of repair or even reconstruction work. In all other cases, article C.G.8 will be applied, i.e. the stay will be postponed for a maximum period of eighteen months from the date of entry initially set.

Notification of termination of the lease by the Landlord shall be sent by e-mail with acknowledgement of receipt to the Tenant.

In this case, the Landlord shall reimburse the Tenant all sums paid by the Tenant under the rental contract, within fifteen days of notification of the termination of the rental contract, as well as all costs already incurred, which cannot be reimbursed and which are duly justified by the Tenant.

Termination by the tenant

The Tenant may terminate the Lease at any time. Notification of termination must be sent by e-mail with acknowledgement of receipt to the Landlord's Agent at the e-mail address specified in the Special Terms and Conditions.

The financial penalties, excluding cases of cancellation by the Tenant in cases of force majeure covered by the provisions of Article 8 of the General Terms and Conditions, shall be as follows:

  • If the Tenant cancels the Rental Contract more than sixty (60) days before its effective date, he shall be required to pay, by transfer to the account of the Landlord's Agent, 50% of the Rental Price set out in the Rental Contract, less the sums already paid by way of deposit and costs, which shall be definitively acquired by way of fixed and non-reducible compensation. This penalty is intended to compensate the Lessor for the loss suffered as a result of the property being immobilised between the date on which the seasonal rental contract is signed by the Lessee and the date on which the rental is cancelled.
  • If the Tenant cancels the Rental Contract less than sixty (60) days before its effective date, the total Price of the stay, determined in article 4 of the Special Terms and Conditions, shall be definitively forfeited to the Landlord by way of fixed and non-reducible compensation, in compensation for the loss suffered by the Landlord as a result of the immobilisation of the property between the date on which the seasonal rental was signed by the Tenant and the date on which the rental was cancelled.

Upon receipt by the Landlord or its Agent of the e-mail with acknowledgement of receipt informing him/her of the Tenant's wish to terminate the Contract, the Landlord shall regain free disposal of its Property and may, if it sees fit, put it back up for rent or make it unavailable for the rental period referred to in article 3 of the Special Terms and Conditions.

The Tenant's attention is expressly drawn to the fact that the cancellation on account insurance taken out by the Agent and referred to in article 10 above only covers cancellations motivated by the circumstances strictly and exhaustively listed in the general and special conditions attached to the contract.

The financial consequences of a cancellation that does not occur for one of the reasons strictly and exhaustively listed in the general and special conditions of the account insurance taken out by the Agent will not be covered by the insurance and will remain the sole responsibility of the Tenant.

G.C.8. Force majeure

Suspension of the contract :

  • Any event beyond the control of the parties, which could not reasonably have been foreseen when the contract was concluded and the effects of which cannot be avoided by appropriate measures, such as, but not limited to: war or threat of war, riot, civil conflict, actual or threatened terrorist activity, industrial dispute, natural or nuclear disaster, adverse weather conditions, fire, pandemic, closure of borders or any other similar event,

  • Any government decision that advises against or prevents travel or postpones the tenant's arrival date.

In these cases, the stay will be postponed for a period limited to EIGHTEEN (18) MONTHS and by priority the following season over a period to be defined between the parties depending on the availability of the property. After the period of EIGHTEEN (18) MONTHS from the date of entry initially set out in the rental agreement, the Lessor shall reimburse the Tenant for any sums paid by the latter, with variations in the exchange rate not being borne by the Lessor or its Agent.

The account insurance included in this rental contract in accordance with the stipulations of Article G.C.8. includes cancellation and interruption of stay cover, the general and special conditions of which are attached to the contract.

G.C.9. Right of withdrawal

Pursuant to the provisions of article L 221-28 12° of the French Consumer Code, the right of withdrawal does not apply to ‘the provision of accommodation services, other than residential accommodation, goods transport services, car hire, catering or leisure activities which must be provided on a specific date or during a specific period’.

The Parties have no right of withdrawal in this case.

G.C.10. Lessor's insurance and tenant's civil liability

Lessor's insurance

The Landlord has comprehensive household insurance cover with an owner's extension for furnished lets, to cover both property and personal risks in the case of seasonal lets.

Tenant's insurance

The Tenant must be insured for the entire duration of the Contract by a French insurance company that is known to be solvent or, in the case of a foreign company, by an insurance company that must have an establishment or branch in France, to cover all the risks associated with the seasonal rental of a property, covering both damage to property and to the persons accommodated. A certificate of insurance will be requested before the tenant moves in, and this certificate will be required before the keys can be handed over.

The Tenant must be covered for civil liability in respect of personal injury, property damage and consequential loss.

The Tenant shall be personally liable to the Landlord and to third parties for the harmful consequences of breaches of the clauses and conditions of the Lease caused by the Tenant, his/her employees or agents.

The Tenant must also be insured to guarantee and cover all indemnities, costs and penalties that may apply under the terms of this Lease in the event of termination of the Lease by the Tenant.

For this reason, and as indicated in Article 8 of the Special Terms and Conditions, this holiday rental contract includes an insurance policy taken out by the Agent in the interests of the Tenant, the general and special terms and conditions of which are attached.

G.C.11. Specific obligations relating to Tracfin

The Parties are hereby informed that, in the context of the purchase or rental of a property, the Real Estate Professional is subject to legal obligations relating to the TRACFIN system (Intelligence processing and action against clandestine financial circuits) and that, in this context, the Parties agree to cooperate and communicate the information and documents requested by the Professional and appropriate to the situation.

G.C.12. Electronic notification

The Tenant agrees that any notices sent to him/her under this lease may be sent by electronic registered letter to the e-mail address or addresses indicated in the Special Terms and Conditions, in accordance with the provisions of article 1126 of the French Civil Code and article L.100 of the French Post and Electronic Communications Code.

He declares that the e-mail address used to reserve the rented property and to sign the contract electronically is personal to him, that he holds the access and connection identifiers, and that no third party can access his e-mail account.

He acknowledges that he has been informed that the electronic registered letter will be sent to him via an approved trusted third party and that there is a possibility that these electronic communications will be classified by his electronic mailbox in a junk mail folder and that he must check this folder in his electronic mailbox. Finally, he undertakes, if requested, to prove his identity to the trusted third party for the receipt of communications by electronic registered letter.

He undertakes to notify the Landlord or his Agent immediately of any loss or misuse of his e-mail account, as well as any change to his e-mail address.

Until such notification is received, any action taken by the Renter via his/her e-mail account will be deemed to have been taken by the Renter and will be his/her sole responsibility. In the event of multiple tenants, the above provisions are intended to apply to each of them.

G.C.13. Applicable law and jurisdiction

For the performance of these terms and conditions and their consequences, the PARTIES each elect domicile at the addresses specified in the special terms and conditions of the Contract.

Any dispute arising between the PARTIES shall be governed exclusively by French law and shall fall within the exclusive jurisdiction of the competent courts in the jurisdiction where the property covered by the Contract is located.

G.C.14. Processing of personal data

In its capacity as data controller, the Landlord's Agent undertakes to comply with the legislation relating to the protection of personal data and in particular to carry out any processing of personal data in accordance with the French Data Protection Act of 6 January 1978 as amended and the European Data Protection Regulation of 27 April 2016.

The Tenant is hereby informed that the information collected by the Landlord's Agent is necessary for the performance of this contract and that it will not process data for any purpose other than the performance of this contract. Failure by the Tenant to provide this information will prevent the contract from being concluded.

The Landlord's Agent undertakes to use the Tenant's personal data solely for the purposes of proper management and performance of the contract and its development, canvassing and sales promotion with a view, in particular, to personalised proposals, statistical studies, risk assessment and management, security and prevention of non-payment and fraud, building customer loyalty, handling calls and managing complaints.

Personal data concerning the Tenant and the trusted third parties designated by the Tenant are processed electronically. The Tenant has a right to access, modify, rectify, delete and port personal data and to object in the cases defined by the European Data Protection Regulation No. 2016/679 of 27 April 2016. These rights may be exercised by sending a request accompanied by a photocopy of an identity document to:

  • electronically, to the following address: [email protected]

  • or by post to the following address : SAS UNIQUE HOLIDAYS France, 360 Quai des Entreprises, 84660 MAUBEC

Finally, the Tenant has the right to lodge a complaint with the supervisory authority, the CNIL.

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