General Terms and Conditions
1. OBLIGATIONS OF THE PARTIES
1.1. Obligations of the owner
The owner undertakes:
- to provide the tenant with accommodation in satisfactory condition for both use and maintenance, as well as to ensure that the equipment is in proper working order,
- to ensure that the tenant has peaceful enjoyment of the leased premises and, without prejudice to the provisions of Article 1721 of the French Civil Code, to guarantee the lessee against any defects or faults that may prevent such enjoyment, except for those recorded in the inventory of fixtures and fittings and referred to in the special terms and conditions, and in particular against noise pollution, disturbances from neighbours, works or festivities and, in the event of such disturbances, to reimburse the lessee for the days and nights during which the disturbance occurred
- to provide the lessee with decent accommodation within the meaning of Articles 2, 3 and 4 of the aforementioned Decree No. 2002-120 of 30 January 2002,
- to maintain the premises in good condition for the use provided for in this lease agreement, and to make all the repairs necessary for the upkeep and normal maintenance of the leased premises,
1.2. Obligations of the lessee
The tenant undertakes:
- to pay the rent and charges according to the agreed terms;
- to use the leased premises peacefully in accordance with their contractual purpose, both by the tenant and by those who are there with them;
- not to transfer, in whole or in part, their right to this lease, nor to sublet, in whole or in part, the leased premises; not 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 and losses that occur during their occupation of the leased premises, unless they can prove that they were caused by force majeure, by the fault of the lessor or by the actions of a third party whom they did not bring into the building; to also be responsible for damage and losses caused in the common areas by the tenant or by persons whom they brought into the building, without prejudice to the application of the provisions of Articles 1733 and 1734 of the French Civil Code;
- not to convert the leased premises and equipment;
- to comply with the internal regulations of the property (and/or) the co-ownership regulations;
- to allow the owner or its agent enter the premises as often as necessary, with prior warning, except in cases of emergency;
- to inform the lessor without delay of any change in their marital status;
- not to make any change to the leased premises and equipment,
- to waive all rights of recourse against the lessor, which does not undertake to ensure or have ensured the surveillance of the building and the leased premises, except in the event of proven fault on the part of the latter:
- in the event of theft, burglary or any criminal act committed in the leased premises or common areas of the building;
- in the event of an accidental interruption in the supply of water, gas, electricity, telecommunications, compressed air, air conditioning, 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 lessee handing over the keys to the building's employees;
- in the event that the premises are destroyed in whole or in part, or expropriated
- in the event of disturbance or damage suffered by other tenants or occupants of the building or any other person.
- to comply with current practices, police regulations, the building's co-ownership regulations and any internal regulations relating to good housekeeping.
The tenant acknowledges that the property is usually occupied by its owner who, in order to ensure that the tenant enjoys the quality of the premises, makes the furniture, objects and equipment available to the tenant.
The tenant undertakes to take possession of the leased premises in the condition in which they are when the agreement takes effect. During occupancy, 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 owner or the owner's agent, up to the amount of the reimbursement guaranteed by the ADAR Company, the lease insurer, whose general and special insurance terms and conditions are annexed hereto (ANNEX 3). This clause applies to paper, hangings, household linen, crockery, carpets, blankets, mattresses etc. Where applicable, the tenant will be required to reimburse the value of any broken or cracked items and to pay for the costs of washing and cleaning any carpets, blankets, mattresses, bedding, etc. that may have been stained.
The tenant must absolutely refrain from throwing objects into washbasins, baths, bidets, sinks, washbasins, WCs, etc. that could obstruct the pipes, failing which they will be liable for the costs incurred in restoring these appliances to working order.
As a general rule, expenses incurred in restoring the leased premises to their original condition, repairs, cleaning, replacing furniture in the broadest sense of the term and objects will be deducted from the security deposit.
The tenant must allow the urgent work, necessary to maintain the leased property and the equipment, to be carried out on the premises.
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 must comply with the security policy defined by the lessor and with the rules governing the use of the network and computer equipment. The tenant is hereby informed that, in the event of failure to comply with these obligations, they may be prosecuted for infringement of copyright in accordance with the French Intellectual Property Code.
The tenant undertakes to respect the peace and quiet of the leased premises, and not to cause any disturbance to the neighbours.
The tenant undertakes to enjoy the property and its furnishings, objects and equipment in a peaceful and respectful manner. As such, the tenant undertakes to return the property in a clean and tidy state. They undertake not to smoke inside the leased property and, outside, to dispose of cigarette butts in ashtrays.
The tenant undertakes to respect the intended use of the leased premises and therefore agrees not to organise any commercial or festive events. Such acts would be grounds for immediate termination of the lease to the detriment of the tenant, with the lessor or its agent being entitled to retain, by way of penalty, the full amount of rent paid, notwithstanding the payment of additional damages.
The tenant undertakes to strictly comply with the number of people stated on the lease agreement. Any breach of this stipulation would justify the invoicing of a penalty of THIRTY PERCENT (30%) of the amount of the rental for each additional person, and may be a cause for the implementation of the termination clause referred to in Article 16.1, the owner or its agent being entitled to retain, by way of penalty, the full amount of the rent paid, notwithstanding the payment of additional damages.
The tenant is prohibited from opening the spaces that the owner has reserved for themselves in the leased property.
The tenant undertakes to contact the owner or the person in charge immediately 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.
When signing the seasonal lease agreement, the tenant undertakes to inform the company of the presence of pets so that it can inform the owner. If the owner accepts the presence of one or more animals, the tenant acknowledges that:
- In principle, no specific facilities are planned in the properties to accommodate them; this is simply a matter of tolerance on the part of the owner.
- A supplement may apply for rentals that include pets. These charges will be detailed in the seasonal lease agreement and must be paid prior to arrival at the property.
The tenant undertakes not to leave the animal(s) alone or unsupervised during the stay.
They acknowledge that the animal(s) are not allowed in the swimming pool, the bedrooms or on the furniture. The company or the owner declines all responsibility in the event of drowning, or a dog escaping from the property and causing damage to third parties. As a general rule, the company or the owner disclaim any liability in connection with damage to third parties caused by the animal.
The tenant undertakes to provide everything necessary for the animal, including bedding.
They undertake to clean and completely dry the animal before it enters the house. In the interests of hygiene, health and safety, and out of consideration for others, they undertake to pick up the animal's droppings before leaving. Failing that, a company will be appointed to carry out the work. The service will be invoiced and deducted from the security deposit.
The tenant undertakes not to invoke the liability of the company or the owner in the event of acts by third parties during the stay, such as theft, assault or damage. The tenant must ensure their own safety and that of the occupants during the stay.
The insurance taken out for this lease agreement in accordance with the stipulations of Article 7BIS below includes rental liability cover, the general and special terms and conditions of which are annexed to this agreement (ANNEX 3).
2. TERM OF LEASE - TIME OF ARRIVAL AND DEPARTURE
In accordance with the provisions of Article 1-1 of Law No. 70-9 of 2 January 1970, any seasonal lease agreement is concluded for a maximum non-renewable period of 90 consecutive days.
The seasonal lease agreement sets the term of the lease and sets the date and time of entry and exit of the tenant.
On receipt of payment of the balance of the rental price, the lessee will receive by email an access map of the building with the contact details of the person, hereinafter referred to as the 'contact person', to be contacted to manage the arrival and departure inventory. This person can also be contacted during the stay to answer any questions or solve any problems.
The owner undertakes to make available to the tenant a welcome booklet containing instructions for use and maintenance of the equipment, as well as the booklet for use of the swimming pool and the safety system.
Unless otherwise stipulated in the seasonal lease agreement:
- 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 agent or the contact person by email of any impediment or delay at least forty-eight (48) hours before the planned departure date:
- If the Tenant fails to provide this information at least forty-eight (48) hours before the planned date of arrival, the Tenant acknowledges that they are taking the risk of not having access to the property on the date of arrival requested by them, without this delay being attributable to the owner or its agent.
- In the event that the lessee wishes to leave the premises before the planned date and time of departure: if the Tenant fails to inform the Lessor or its agent at least forty-eight (48) hours before the planned date of departure, the Tenant acknowledges that they are taking the risk that the Lessor will not be available at the desired date and time of departure to draw up the joint inventory of fixtures. In this case, the Lessor or its agent will immediately inform the Tenant of this circumstance. If the Tenant, having been made aware of the Lessor's unavailability, intends to maintain the desired date and time of departure, the inventory of fixtures that the Lessor will draw up will be deemed to be mutually agreed with the Tenant and will be enforceable against them without restriction or reservation, as they expressly accept under the conditions set out in Article 10 below.
- In the event that the lessee wishes to leave the premises after the scheduled departure date and time: unless the Tenant has obtained the agreement of the Lessor or its agent at least forty-eight (48) hours before the scheduled departure date, the Tenant may not in any way leave the premises after the scheduled departure date and time. If, in this event, the Tenant does not actually leave the premises on the date and at the time stipulated, they will be liable to pay a daily occupancy indemnity which will be calculated pro rata to the time occupied on the basis of the total rent plus FIFTY PERCENT (50%), without prejudice to the owner's right to additional compensation.
3. INVENTORY OF FIXTURES ON ARRIVAL AND INVENTORY OF FIXTURES ON DEPARTURE
The descriptive inventory of fixtures and fittings forms a whole with this lease agreement.
In addition to this descriptive inventory of fixtures, a joint inventory of fixtures on arrival and a joint inventory of fixtures on departure will be systematically drawn up between the owner, or any person appointed by the owner, and the tenant under the conditions set out below.
3.1. Entry inventory of fixtures and handover of keys
The entry inventory of fixtures will be drawn up by the lessor, or any person appointed by it for this purpose, jointly with the lessee on the date of entry into the premises and before any handover of the keys. On this occasion, an inventory of the furniture and valuables will be drawn up and the equipment will be checked to ensure that it is in good working order.
Each party will keep a copy of the entry inventory of fixtures.
At the end of this inventory, the keys will be handed over to the tenant.
In the event that this inventory of fixtures cannot be carried out for any reason whatsoever, the tenant will be presumed to have received the property and its equipment in a good state of repair, unless the lessee expresses any reservations to the lessor's agent or to the contact person designated by the lessor by any means in writing within a period of seventy-two (72) hours from the date on which the keys are handed over.
During the SEVENTY-TWO (72) HOURS following the handover of the keys, the lessee may request that the inventory of fixtures be completed if they find that an appliance, object or item of furniture not checked when the inventory of fixtures was drawn up on arrival is not working or is damaged.
In the event that no inventory of fixtures is drawn up on entry, the provisions of Article 1731 of the French Civil Code, which states: 'If no inventory of fixtures has been drawn up, the tenant is presumed to have received them in a good state of repair, and must return them as such, unless they can prove otherwise', would be fully applicable.
3.2. Inventory of fixtures on departure, vacating the premises and return of keys
The inventory of fixtures at the end of the rental period will be drawn up by the owner, or any person appointed for this purpose by the owner, 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.
Each party shall keep a copy of the inventory of fixtures on departure.
At the end of this inventory of fixtures, the tenant shall return to the lessor or to the designated person the number of keys entrusted to them on their arrival. Failure to do so will result in the lessee being billed for the replacement of any keys not returned, or for the replacement of the locks on the leased property.
Unless the lessee has opted for the 'End of stay cleaning' package in Article 4 above, the house and all the equipment made available to the lessee must be returned in a clean and tidy condition, i.e. in particular the crockery must be washed and tidied as on arrival, the fridge and dustbins emptied, the barbecue cleaned, etc. Failing this, any cleaning costs that the Lessor may be obliged to incur will be the sole responsibility of the lessee and will be deducted from the security deposit.
Furthermore, if the condition of the property at the time of its return requires an additional cost over and above the cost of the standard 'End of stay cleaning' package set out in Article 4 above, this additional cost will be invoiced to the tenant and deducted from the security deposit.
If the tenant does not return the premises on time, they may face a penalty of the payment for an additional day of rent.
If the property is not vacated at the end of the rental period, the tenant will 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 plus FIFTY PERCENT (50%), without prejudice to the owner's right to additional compensation.
If the tenant is absent at the time of the inventory of fixtures on departure, the date and time of which have been fixed by mutual agreement between the parties, the inventory of fixtures will be drawn up unilaterally by the Lessor and will be deemed to be mutually agreed with the Tenant, insofar as the Tenant voluntarily refrained from appearing at the joint inventory of fixtures on departure in which they had the opportunity to participate. This inventory will be enforceable without restriction or reservation against the Tenant, as they expressly accept. In the event that this inventory of fixtures on departure reveals damage attributable to the Tenant, the owner will have companies intervene to restore the property and/or its equipment. The tenant would then be required to pay for these repairs.
Any expenses incurred by the owner to cover damage and/or deterioration to the leased property and its equipment, furniture and furnishings will be deducted from the security deposit, unless these expenses are covered by the insurance referred to in Article 19.
The insurance taken out for this lease agreement in accordance with the stipulations of Article 7BIS below includes rental liability cover, the general and special terms and conditions of which are annexed to this agreement (ANNEX 3).
4. SECURITY DEPOSIT
The security deposit will be paid by the tenant to the Agent via the SWIKLY online banking transaction platform (https://www.swikly.com/), which specialises in online security deposits, no later than fifteen (15) days before the effective date of the seasonal lease agreement.
The swikly.com website is published by SWIKLY, a simplified joint stock company with capital of 10,000 euros. SWIKLY is registered in the Lyon Trade and Companies Register under number RCS 819 514 076. The head office is located in Lyon (France), 12 rue de la Barre, 69002 - Telephone: +33 4 20 88 00 48 - email: firstname.lastname@example.org
The SWIKLY website describes how this banking transaction platform works, as follows:
'To avoid all these constraints, Swikly has invented the swik: a swik is a special banking transaction that guarantees and secures a rental or reservation using an online deposit.
The 'swik deposit' enables you to protect an asset by sending a request for a guarantee (without debiting or blocking funds on your customers' bank cards).
The 'swik booking' enables you to avoid no-shows and guarantee the presence of your customers without making them pay in advance, by sending a request for a deposit (without debiting or blocking funds from your customers' bank cards).
How does it work?
A swik is created from a credit card imprint that must be entered by your customer on a secure form. This is sent by e-mail and/or text message a few days before the start of the rental period. It can also be made available at the reception desk or at check-in. Deposit requests can be automated very easily thanks to our integrations (available in the 'Partners' tab of your Swikly account), our APIs and other easy-to-use tools! And best of all, a swik can be secured online for a few hours or several months! Secured amounts are neither blocked nor debited (there is no pre-authorisation). The limit on credit cards used is not affected by the security of a swik.
In the event of damage or a no-show, you can cash in all or part of the deposit and the amounts are guaranteed as part of our premium service. Swikly takes care of everything and handles any disputes with your end customers, so all you have to do is get your money!
If you don't need to cash the deposit, it is automatically released a few days after the service has been provided.
Swikly also allows you to request a traditional online payment, and this can be done at the same time as securing a deposit. This is a very practical way of avoiding having to ask your customers to enter their credit card several times. (Example: payment of the balance of the booking + deposit in a single transaction)
Requests for payment are subject to eligibility, a request must be made to Swikly'.
At the end of the Rental Period:
- If the final inventory is strictly in accordance with the initial inventory, the security deposit will be refunded to the tenant within a period of fourteen (14) days following the return of the keys.
- If the final inventory does not strictly comply with the initial inventory, the security deposit will be refunded to the lessee within a period of one (1) month following the return of the keys, with deductions for any amounts owed by the Lessee to the Lessor, particularly for repairs, restoration or for which the Lessor might be held responsible due to the Lessee's actions.
5. RENTAL PRICE
The rental price, charges and additional services are fixed and payable in euros. The risk/exchange rate is borne by the tenant.
The lessor's agent is authorised by the lessor to collect all sums due in respect of the rental, i.e. the deposit paid by the tenant when the seasonal lease agreement is signed, the balance of the rent to be paid no later than one (1) month before the start of the rental period, the security deposit to be paid no later than fifteen (15) days before the effective date of the seasonal lease agreement and, in general, all sums due in respect of the rental, including tourist tax and rental charges.
All services ancillary to the lease agreement are invoiced separately either by external service providers or by the company, in accordance with the specific terms and conditions of the lease agreement.
The rental price is the consideration for the occupation of the property during the determined period. It does not include the tourist tax, which depends on the duration of the stay, the number of occupants and their age, as well as additional services (provision of a cook, a cleaning service, a laundry service, etc.). In principle, these services do not form part of the lease agreement, unless otherwise stipulated in the lease agreement. They will be subject to additional invoicing.
The rental price is set out in the special terms and conditions above.
A deposit of 30% of the rental price must be paid by the lessee upon signature of the seasonal lease agreement.
The balance due must be paid no later than one month before the date of entry provided for in the lease agreement, except in the case of additional invoices for services or charges incurred after the signing of the rental contract.
The security deposit must be paid no later than fifteen days before entering the premises, under the conditions set out in the special terms and conditions. The lessor's agent will send the lessee an email inviting them to pay the sums due on the required dates.
If the lease is signed less than one (1) month before its effective date, the lessee will pay the full lease price upon signing the lease.
In the absence of payment within the time limits specified above, and after a payment reminder sent to the email address of the lessee remains unsuccessful, the lessor reserves the right to terminate this lease agreement at the sole fault of the lessee. The lessor will retain the sums already paid and may also request as compensation the payment of the balance due under the lease if the lessee's breach occurs less than sixty (60) days before the scheduled date of entry.
6. PAYMENT TERMS
Unless otherwise stipulated in the special terms and conditions of this lease, the sums due are payable by interbank transfer to the account of the lessor's agent. The bank details of the lessor's agent are given on the booking confirmation sent by email to the lessee.
7. PROHIBITION ON ASSIGNMENT AND SUBLETTING BY THE TENANT
The tenant agrees not to sublet the property, either in whole or in part, even without charge. Failure to comply may result in termination of the lease, solely to the detriment of the tenant.
In the same way, the tenant shall formally refrain from transferring their rights under this lease, in whole or in part, to anyone whatsoever, even free of charge.
8. AMENDMENT OF LEASE TERMS
8.1. Amendment by the Lessee
Once the lease has been signed and the deposit paid, if the lessee wishes to make any changes to the terms and conditions of the seasonal agreement, they must inform the lessor's agent. The lessor's agent will do their best to meet the lessee's expectations. Any amendment to the terms of the seasonal lease requires the acceptance of the lessor, the signature of a written amendment between the parties and the payment by the lessee of any costs (for example, the costs of cancelling a reservation made with the owner of the property initially rented) or additional costs generated by this request for change.
If, due to the lessor's inability to accept the requested changes, the lessee wishes to terminate the lease, the lessee shall be liable to pay the compensation provided for in Article 7.1 of the special terms and conditions of this lease.
8.2. Amendment by the Lessor
Any amendment of the rental conditions by the Lessor, except in cases of force majeure, must be accepted in advance by the lessee and be the subject of a written amendment.
If, due to the lessee's refusal to accept the requested changes, the lessor wishes to terminate the lease, it shall reimburse the lessee for all the sums paid by the former under the lease, within fifteen days of notification of the termination of the lease. Commission included
9. TERMINATION OF THE LEASE
9.1. Termination 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 leased premises, in the event of breach of any of the clauses of Article 14. PROHIBITION OF ASSIGNMENT AND SUBLETTING BY THE TENANT, the Lease will be automatically terminated, if the LESSOR sees fit, and seven (7) days after receipt of a formal notice to pay or perform served by registered letter with acknowledgement of receipt which has remained unsuccessful, without it being necessary to bring an action before the courts. The same will apply even in the event of payment or performance after expiry of the above time limits.
All breaches by the TENANT of the provisions of this Lease, and all breaches relating to the payment of rent, charges, taxes, the security deposit, the purpose of the Lease, the maintenance and general terms and conditions of use of the Leased Premises, the obligations of the TENANT, and the prohibition in principle on any transfer or sub-letting, will be sanctioned by the application of this termination clause.
If, on the effective date of this termination clause, the TENANT is still in the premises which they refuse to vacate, they may be evicted by means of 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.
In any event, the company will retain the sums already paid, and may also request payment of the balance due under the lease agreement by way of compensation, if the customer defaults less than sixty (60) days before the entry date stipulated in this lease, without prejudice to the penalties stipulated in Article 6 above.
If the customer fails to pay by the due date, the property becomes available for rental to other tenants.
9.2. Termination by the Lessor
The Lessor shall have the right to terminate the lease at any time. The notification of the termination of the lease must be made by registered letter with acknowledgment of receipt.
In this case, it will reimburse the lessee for all sums paid by the lessee under the lease agreement, within fifteen days of notification of the termination of the rental agreement.
9.3 Termination by the Lessee
The Tenant shall have the same right to terminate the agreement at any time. The notification of the termination of the lease must be made by registered letter with acknowledgment of receipt. In this situation:
- If the lessee terminates this lease more than sixty (60) days before its effective date, the 30% deposit paid by the lessee for the seasonal lease pursuant to Article 4.3 of this agreement will be definitively acquired by the Owner as fixed and non-reducible compensation.
- If the lessee cancels this lease agreement less than sixty (60) days before its effective date, the total price of the stay, i.e. the deposit of 30% plus the balance of the rental price, paid by the lessee for the seasonal rental in application of Article 4.3 of this lease will be definitively acquired by the Owner as fixed and non-reducible compensation.
Upon receipt by the Lessor or its agent of the registered letter with acknowledgement of receipt informing it of the lessee's wish to terminate the agreement, the Lessor shall regain free disposal of its Property and may, if it sees fit, re-let it or make it unavailable for the rental period referred to in Article 3 above.
The lessee's attention is expressly drawn to the fact that the cancellation on the lease insurance taken out by PROVENCE HOLIDAYS and referred to in Article 7 bis above only covers cancellations motivated by the circumstances strictly and exhaustively listed in the general and special terms and conditions annexed to this lease agreement.
The financial consequences of a cancellation that does not occur for one of the reasons strictly and exhaustively listed in the general and special terms and conditions of the lease insurance taken out by PROVENCE HOLIDAYS will not be covered by the ADAR insurance policy, and will remain the exclusive responsibility of the lessee.
10. FORCE MAJEURE
The lease shall be suspended in the following cases:
- Any event beyond the control of the parties, which could not reasonably have been foreseen when the lease agreement 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 State decision that advises against or prevents travel or postpones the lessee's arrival date.
In these cases, the stay will be postponed within a period limited to EIGHTEEN (18) MONTHS and by priority the following season for 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 fixed in the lease agreement, the owner will reimburse to the lessee any sum paid by the latter, the variations in the exchange rate not being borne by the owner or their agent.
The insurance taken out for this lease agreement in accordance with the stipulations of Article 7BIS below includes a cancellation and interruption of stay guarantee, the general and special terms and conditions of which are annexed to this agreement (ANNEX 3).
11. 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.
The owner has multi-risk home insurance with extended owner's cover for furnished lets, to cover both property and personal risks in the case of seasonal agreements.
The lessee must be insured for the entire duration of the Lease 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 staying in it. Unless otherwise stipulated, a certificate of insurance will be requested before the lessee enters the premises, and the handover of the keys will be conditional upon receipt of this certificate of insurance.
The Tenant will also cover their civil liability for bodily injury and material and immaterial damage.
The lessor's agent may offer the tenant the services of an insurance company to cover these risks.
The Tenant shall be personally liable to the Lessor and to third parties for any harmful consequences of breaches of the clauses and conditions of the Lease by themselves, their employees or their 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.
As indicated in Article 7 bis of the Special Terms and Conditions, this seasonal lease agreement includes an insurance policy taken out by the Agent in the interests of the Lessee, the general and special terms and conditions of which are annexed.
13. VISITS TO THE PREMISES
In the event of an obvious emergency, the Tenant shall allow the Lessor or its agent, all contractors and workmen, and all persons authorised by it, to enter the Leased Premises in order to carry out the necessary work or repairs, subject to forty-eight (48) hours' notice, except in the event of imminent peril requiring immediate intervention.
In order to ensure, during the rental period, that the garden, the residence, the swimming pool or any item of equipment in the property is properly maintained, the Lessor may appoint a professional to carry out this maintenance: the Lessor must inform the Lessee of this beforehand and obtain the Lessee's express agreement to this intervention. This will lead to two possible scenarios:
- Either the Lessee authorises the intervention of the professional(s) responsible for the maintenance: in this case, the Lessee must be informed of the date and time of the intervention of each of these professionals at least forty-eight (48) hours before the intervention,
- Or, the Lessee refuses the intervention of the professional(s) responsible for the maintenance: in this case, the Lessee shall be personally responsible for the maintenance of the rental property during the period of occupation, and may not make any claim against the Lessor on this point.
14. SPECIAL INFORMATION AND MANDATORY DIAGNOSTICS
14.1. Information relating to the Statement of Risks and Pollution (ERP)
In accordance with Articles L.125 5 and R 125-23 of the French Environment Code, the LESSOR shall inform tenants of properties located in areas covered by a technological risk prevention plan or by a prescribed or approved plan for the prevention of foreseeable natural risks, or in seismic zones defined by decree of the Council of State, of the existence of the risks covered by these plans or this decree.
In addition, when a building has suffered a loss giving rise to the payment of compensation pursuant to Article L.125-2 or Article L.128-2 of the French Insurance Code, the LESSOR of the building is required to inform the TENANT in writing of any loss that has occurred during the period in which it has owned the building, or of which it has been informed, pursuant to these provisions.
In the event of non-compliance with the provisions of Article L.125-5 of the French Environment Code, the TENANT is also reminded that they may request the termination of the Lease or apply to the court for a reduction in the rent.
Consequently, the LESSOR declares that the Leased Premises are located in an area covered by a prescribed or approved technological risk prevention plan, or by a prescribed or approved foreseeable natural risk prevention plan, or in a seismic zone defined by decree of the Council of State.
A statement of risks has been drawn up on the basis of the information made available by the prefecture.
This statement, dating from less than six months ago, is annexed hereto, which the TENANT expressly acknowledges, declaring that they are also personally responsible for this situation.
Furthermore, the LESSOR has declared that, to its knowledge:
the property, subject hereof, has not suffered any loss giving rise to the payment of an insurance indemnity covering the risks of natural disasters, referred to in Article L.125-2, or technological disasters, referred to in Article L.128-2 of the French Insurance Code.
the property covered hereby has suffered a loss which has given rise to the payment of an insurance indemnity covering the risks of natural disasters as referred to in Article L.125 2 or technological disasters as referred to in Article L.128-2 of the French Insurance Code.
14.2. Condition of the internal electricity and gas installation
The Lessor declares that its electrical and gas installations:
are UNDER 15 years old.
are MORE THAN fifteen years old and provides the lessee, at the time of the signature of this lease, with a statement of the internal electricity and gas installations drawn up by a professional authorised to draw up such diagnoses.
14.3. Asbestos diagnosis
The Lessor declares that the building permit of the building:
was issued after July 1997.
was issued before July 1997 and provides the Lessee, at the time of the signature of this lease, with a copy of the asbestos diagnosis drawn up by a professional authorised to draw up such diagnoses.
14.4. Lead diagnosis
The Lessor declares that the building permit of the building:
was issued after 1st January 1949.
was issued before 1st January 1949 and provides the Lessee, at the time of the signature of this lease, with a copy of the lead diagnosis drawn up by a professional authorised to draw up such diagnoses.
15. JOINT AND SEVERAL LIABILITY IN THE CASE OF JOINT TENANTS
It is expressly stipulated that the joint tenants will be jointly and severally liable for the performance of the obligations under this lease.
The undersigned lessees, referred to as the 'LESSEE', expressly acknowledge that they are jointly and severally liable and that the LESSOR has only agreed to grant this lease in consideration of this joint and several tenancy, and would not have granted this lease to just one of them.
If a co-tenant were to give notice and leave the premises, they would in any event remain liable for payment of the rent and ancillary costs and, more generally, for all the obligations under the lease in force at the time the notice was given, and for the consequences thereof, in particular occupancy allowances and any sums due for repair work.
This clause is a vital condition of the agreement.
16. ELECTRONIC NOTIFICATION
The LESSEE agrees that any notices sent to them under this lease may be sent by electronic registered letter to the e-mail address or addresses indicated below, 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.
They declare that the email address provided in the header hereof is personal to them, that they have access and login credentials, and that no third party can access their e-mail account.
They acknowledge having been informed that the electronic registered letter will be sent via an approved and trusted third party and that these electronic communications might end up in their junk mail folder, so it is advisable for them to routinely check this folder. Finally, they undertake, if requested, to prove their identity to the trusted third party for the receipt of communications by electronic registered letter.
For information purposes, the provisions of the aforementioned Article 1126 are reproduced here, under the terms of which 'information requested with a view to concluding a contract or information sent in the course of its performance may be sent by electronic mail if the addressee has agreed to the use of this means'.
The LESSEE acknowledges and guarantees that they have exclusive control over the email account that they have indicated, both for its regular access and management and for the confidentiality of the login details that enable them to access it.
They undertake to immediately notify the LESSOR or its agent of any loss or misuse of their email account, as well as any change to their email address.
Until such notification is received, any action taken by the LESSEE via their email account shall be deemed to have been taken by them, and shall be their sole responsibility. In the event of multiple lessees, the above provisions are intended to apply to each of them.
17. PROCESSING OF PERSONAL DATA
As data controller, the LESSOR'S REPRESENTATIVE 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 LESSEE is informed that the information collected by the LESSOR'S AUTHORISED AGENT is necessary for the performance of this lease, and that it will not process data for any purpose other than the performance hereof. Failure by the LESSEE to provide this information will prevent the signing of the lease.
The LESSOR'S AUTHORISED AGENT undertakes to use the LESSEE's personal data solely for the purposes of proper management and performance of the lease and its development, debt collection, canvassing and sales promotion, particularly with a view 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 LESSEE and the trusted persons they designate are processed electronically. The LESSEE confirms that it has obtained the consent of these persons for the transmission of personal data concerning them. The email addresses provided by the LESSEE will only be communicated externally for the sole purposes of the management of the lease. The LESSEE undertakes to take all necessary precautions to protect the security, confidentiality and integrity of the data collected and against any misuse of this data.
The LESSEE has a right to access, modify, rectify, delete and transfer personal data in the cases defined by the European Data Protection Regulation No. 2016/679 of 27 April 2016. The LESSEE also has the right to object to the processing of personal data for legitimate reasons, as well as the right to object to their data being used for commercial prospecting purposes. Such rights may be exercised by sending a request accompanied by a photocopy of an identity document:
- electronically, at the following address: email@example.com
- or by post to the following address: SAS UNIQUE HOLIDAYS France, 360 Quai des Entreprises, 84660 MAUBEC
The LESSEE finally has the right to lodge a complaint with the French supervisory authority, namely the CNIL.
The LESSOR'S AUTHORISED AGENT reserves the right to give access to personal data in its possession at the request of a competent administrative or judicial authority.
The personal data collected under this lease will be kept for the duration of the lease plus the time required for the LESSOR'S AUTHORISED AGENT to exercise or defend its legal rights.
By signing this lease, the LESSEE gives their consent to the collection and processing of personal data concerning them, for the purposes indicated above. The LESSEE is informed that they can withdraw this consent, being reminded that this withdrawal does not affect the lawfulness of the processing of their data that may be necessary for the execution hereof.
18. APPLICABLE LAW AND JURISDICTION
For the performance of this lease agreement and its consequences, the PARTIES each elect domicile:
- For the LESSEE, at their address above; the lessor's agent must be informed of any change occurring during the lease;
- For the LESSOR, at its registered office referred to at the beginning of this lease.
Any dispute arising between the PARTIES shall be governed exclusively by French law.
This lease agreement is written in French. In the event that it be translated into one or more foreign languages, only the French text will prevail in the event of a dispute.
Any disputes that may arise between the PARTIES shall fall within the exclusive jurisdiction of the competent courts in the jurisdiction where the property that is the subject of this lease is located.