General rental conditions
Article 1. This contract is for the exclusive use of licensed vacation rentals Clévacances and only French law is applicable to the contract .
GENERAL PROVISIONS The tenant may in no circumstances invoke any right to remain in the premises at the end of the rental period initially specified in this contract, unless otherwise agreed by the owner. No modification ( erasure, … ) will be accepted in writing the contract without the consent of both parties.
The owner agrees not to disclose to any third party any information of any kind , on any medium whatsoever, that the tenant has been brought to him during the performance of this contract.
Those provisions are not applicable, however in the case of inquiries that are made ??by the government and / or the Courts .
PAYMENT The reservation will become effective when the tenant has returned a copy of this agreement and of the deposit ( 30% of total price ) , before the date indicated . . An inventory of fixtures will be established and the Tenant agrees that the inspection may be carried out either by the owner or by a duly authorized agent of the owner .
The balance of the rent will be paid at least the day of arrival
DEPOSIT (OR GUARANTEE ) Beyond one night , the tenant must pay on arrival a security deposit in addition to the balance of the rent (minimum 30%, maximum 50 % of the rent). The owner may proceed with the immediate receipt of the deposit . It will be returned once the apartment has been checked if it meets or within a maximum period of one month after the departure of the tenant , net , for the owner of the amounts paid by the tenant for Fitness inventory , various repairs , … The amount of these deductions should be duly justified by the owner on the basis of the state of output , bailiff , quotes, invoices , … If the deposit is insufficient, the tenant agrees to complete the sum on the basis of evidence provided by the owner. That this guarantee shall in no case be considered as part payment of rent.
Duration: The tenant must vacate the premises at the time provided for in the contract or at a time convenient to the owner, after inventory. The tenant cannot under any circumstances claim any right to remain in the premises at the end of the rental period initially provided for in the contract, unless the owner agrees.
Use of the premises: The owner will provide the accommodation in accordance with the description he has made of it and will keep it in good condition. The tenant will enjoy the rental in a peaceful manner and make good use of it, in accordance with the destination of the premises. The rented premises are used for temporary accommodation or vacation, excluding any professional activity of any kind (maximum 3 months).
For the swimming pool, a document worth discharge and specifying the conditions of use of the facilities will be signed on arrival of the tenants.
When he leaves, the tenant agrees to make the rental as clean as he found it on arrival. Any repairs of any importance, made necessary by the negligence of the tenant during the rental, will be at his expense.
The rental can in no case benefit third parties, without the prior agreement of the owner. Subletting is prohibited to the lessee, even free of charge, under penalty of termination of the contract; the full amount of rent remaining acquired or due to the owner.
The installation of tents or the parking of caravans on the grounds of the rented property is prohibited, except with the prior agreement of the owner.
The number of tenants cannot be greater than the maximum reception capacity indicated in the catalog or the descriptive report. Exceptionally and subject to the owner’s agreement, this rule may be waived. In this case, the owner will be entitled to receive a price increase which must be communicated to the tenant beforehand and recorded on the rental contract.
Reception of animals: If the owner accepts the reception of domestic animals, the tenant must specify him the animals which accompany him. The front of the contract specifies the pricing conditions for receiving these animals. An internal regulation defined by the owner can specify the terms of reception of these animals.
Inventory and inventory: The inventory and inventory of furniture and various equipment is made at the start and end of the stay by the owner or his agent and the tenant. If it is impossible to carry out the inventory upon arrival, the tenant will have 72 hours to check the inventory displayed and report the anomalies to the owner. After this period, the rented goods will be considered free of damage at the entry of the tenant. A contradictory inventory of fixtures must be established. The tenant accepts that this inventory can be carried out either with the owner or his agent. If the owner or his agent finds damage, he must inform the tenant within a week.
Any termination of this contract must be sent by registered mail with acknowledgment of receipt, the date of receipt being proof.
According to article L.114-1 of the Consumer Code, unless otherwise stipulated in the rental contract, the sums paid in advance to reserve are considered as a deposit.
a) In the event of a deposit (see front)
In the event of cancellation by the tenant before arrival on the premises, for any reason whatsoever, except in cases of force majeure, the deposit remains with the owner.
In case of cancellation by the owner before entering the premises, for any reason whatsoever, except in cases of force majeure, he must pay the tenant double the amount of the deposit received. This refund will be sent to the tenant by registered mail with acknowledgment of receipt within 15 days of notification of the termination.
b) In the event of payment of a deposit (see overleaf)
In case of cancellation by the tenant before arrival on the premises, the deposit remains with the owner. The latter may also request the balance of the amount of the stay, if the cancellation occurs less than 30 days before the scheduled date of entry into the premises.
If the tenant does not appear within 24 hours of the arrival date indicated on the contract, this contract is canceled and the owner can dispose of his rental. The deposit also remains with the owner who can request payment of the balance of the rental.
In case of cancellation by the owner, the latter pays the tenant all of the sums paid. The tenant can ask for damages or compensation for moral prejudice and the financial prejudice suffered.
c) In the event of termination during the contract
When the termination of the contract by the owner occurs during the rental period, it must be duly justified (failure to pay the rent, bad check issued by the tenant, proven deterioration of the rented premises, complaints from the neighborhood, etc.). This termination, which takes place by registered mail with acknowledgment of receipt, results in the departure of the tenant within two days of the date of receipt of the letter notifying him of this decision. In this case, whatever the cause of the termination, the full amount of the rent remains with the owner. The owner reserves the right to keep the amount of the deposit under the conditions specified in the paragraph “deposit”.
Interruption of the stay: In the event of an early interruption of the stay by the tenant, and if the responsibility of the owner is not called into question, there will be no refund, except for the security deposit.
If the tenant justifies serious reasons presenting the characters of the force majeure (unforeseeable, irresistible event and external to the tenant) making impossible the unfolding of the hiring, the contract is automatically terminated. The amount of the rents already paid by the tenant is returned to him, in proportion to the duration of occupation that remained to be effected.
Insurance: The tenant is required to insure the rented premises. He must check whether his main housing contract provides for the vacation extension (vacation rental). In the contrary hypothesis, he must intervene with his insurance company and ask him for the extension of the guarantee or else take out a specific contract, under the “holiday” clause. An insurance certificate will be required upon entering the premises.
Disputes: Any complaint must be addressed as soon as possible to the approved Clévacances Departmental Organization, which will intervene to promote the amicable settlement of disputes:
-if the contract has been signed by the owner and the tenant,
-if the complaint is made within the first three days after arrival, for any dispute concerning the inventory or description,
-at the end of the stay for all other disputes.
For all disputes arising from the execution or termination of this contract, only the Courts of jurisdiction of the place of the building subject to rental are competent.