GENERAL CONDITION OF CONTRACT
The General Conditions of Contract here presented regulate the terms and conditions applicable to the contract stipulated for transitory objectives whose subject is the real Property (such as apartment, house, villa) chosen by the Client between those presented in (hereinafter called Website). The Client authorizes expressly the "Rental Agency” to use means of communication (such as fax and email) for the writing out and the carrying out of the contract. Regulations of reference are those of French and European system, and the legal person stipulating the contract is subject to European and French regulations.
2. BOOKING PROCESS AND CONTRACT STIPULATION
2.1. Selecting a Property: the Client may request information regarding the availability and price of the selected Property (apartment, house, villa, etc) by sending via email or anyway via Internet the Reservation Form, which is available in the Website ("REQUEST").
2.2. Reservation Process: Should the Client’s inquiry complying with the proposal of the Rental Agency, the Rental Agency will send via Internet the Booking Confirmation Form, including the rental proposal relevant to the selected Property and all elements concerning the contract and, in particular, the Security Deposit amount and any additional cost connected with the Reservation Inquiry (art.3.1). For acceptance, the Client shall fill in Booking Confirmation Form with all the missing data and send the Rental Agency this confirmation within 48 hours from the reception, via fax o email. Should the Booking Confirmation arrive out of the terms the Rental Agency will be free to accept it or to submit the Client a new proposal.
2.3. Contract Stipulation: the Contract shall be meant stipulated as soon as the Booking Confirmation will be received by the Rental Agency in accordance with the previous art. 2.2, and the Booking Deposit (or the evidence of the such payment) will be received by the Rental Agency.
3. PRICE AND PAYMENT
3.1.strong> The Rental Price on the Booking Confirmation is the price for the full rental period. In general, this price includes taxes & fee, utilities, linens & towels, except that it is differently specified in the Rental Agency proposal or in the page of Website concerning the apartment to be rented or when the rental is over 28 nights (see clause 3.1 below)
3.1 (a) The energy fee (Electricity and/or Gaz) and the internet subscription fee are not included in the rental price for all stays over 28 nights. The electricity and/or Gaz fee are calculated on a meter reading in most rentals. Exceptions are made to the rentals where there is a centralized way of heating and in such case a flat rate shall be applied. The internet Subscription fee varies from 19,99 € to 34,99 € depending on the company. These fees are usually charged at the end of the stay on the security deposit except for long term rental (3 months or more) where these fees are charged monthly.
The Booking Deposit is a down payment of the Rental Price and is shall be paid at the moment of reservation, by credit card, PayPal and Bank Transfer. The Booking Deposit in general is 25% of the total rental price.
The Balance is the difference between the Rental Price and the Booking Deposit and it shall be paid 7 days before the beginning of the rental period or, exceptionally, the day of arrival in cash. It is not possible to pay by check except for people residing in France and having a French bank account.
Extra or Additional Costs are relevant to our optional services, such as: changing of Booking Confirmation, request of additional linens, changing of apartment, Sunday and holiday check-in, late check-in (see article 7.1(a) and 7.1(b)), extension of stay, additional cleaning (see article 4.1), etc. These services can be requested at the moment of reservation or during the rental period. They shall be paid before of their carrying out or be deducted from the security deposit (see art. 4).
3.2. The Client shall pay the Rental Price and Extra or Additional Costs, if any, in accordance with terms and conditioned as per Booking Confirmation. Failing that the service will be refused and not carried out.
3.3. Upon request, the Rental Agency will provide the Client a Rent Receipt in accordance with French regulations and laws.
3.4 The Rental Agency will not charge any fee or cost for the payment of the rental price, when it is paid by credit card ald also by bank transfer coming from Euro area countries. On the contrary, the Rental Agency will charge the Client PayPal fee and Bank Transfer costs.
3.4 (a) The refund of the security deposit will be carried out through the same means the client paid the booking deposit. The fee incurred for the restitution of the security deposit through PayPal and/or bank transfer remains in charge of the client.
4. SECURITY OR DAMAGE DEPOSIT
The security or damage deposit secures the performance of Tenant’s obligations.
The Security or Damage Deposit is between 30 and 50% of the total rental price in general.
However, exceptions are foreseen in special cases underlined below and a security deposit can be more.
Rental for more than a month up to six months.
Rentals managed directly by owners.
High quality rentals.
Presence of animal.
Should the client ask to have the phone unlocked on foreign numbers.
Should the rental contract foresee payment of electricity, gas or other utilities.
4.1 Refund of the security or damage deposit
The refund shall be done within 15 working days after the end of the rental should the apartment be handed back in the same condition it was delivered. The tenant acknowledges that, unless the agency is notified immediately upon occupancy, the premises, including the furniture, furnishings and appliances are in good working order and condition. The agency reserves the right to block the deposit in case of litigations, the time required to rule on the final deduction to be made.
The delay can run up to a month in case of long term rentals (1 month to 6 months). The agency must wait for all expenses incurred to rule on such issues.
The tenant acknowledges that banking charges incurred due to payments by PayPal or bank transfer shall be deducted from the security deposit paid.
The tenant is advised that a further month delay is foreseen in case the client asks to have an unlocked phone on international numbers. This extra delay allows the agency to check the bill and eventually charge the outgoing calls on international numbers which are not part of the free call list given on arrival. (See Art 6.c.iii).
The client is advised that the final cleaning fee is not inclueded in the rent and shall be charged on the security deposit paid accordingly to our cleaning condition (clause 4.2)
4.2 Final cleaning and Laundering
THE FINAL CLEANING & LAUNDERING ARE NOT INCLUDED IN THE RENT and shall be charged accordingly to the size of the apartment. This charge shall be applied on the security deposit paid by the client. You will find below the applied rates:
For a studio/1 bedroom 40 €
For a 2 roomed flat (Living room + 1 bedroom) 70 €
For a 3 roomed flat (Living room + 2 bedrooms) 110 €
For a 4 roomed flat (Living room + 3 bedrooms) 140 €
Prices exclude the value added tax
These rates are applied for a basic cleaning in between two rentals and comprise the following services - cleaning of the floors, vacuuming, dusting, and the sanitizing after your departure. Any extra cleaning (abnormal stain, overcharged sink, negligent use of linens, nonessential transposition of furniture, furnishings and objects and accumulation of garbage and dirt) will be charged on an hourly rate of 25 €.
The client should address the request for the final cleaning service by the latest two days before the check out.
NB – Incase the apartment needs any cleaning after check out without prior notice, the agency will charge the client the time invested to arrange a last minute cleaning and obviously the cost of the cleaning.
5. DURATION, TERMINATION, CANCELLATION OF THE CONTRACT, REPLACEMENT OF THE PROPERTY
5.1. The Duration of the Contract shall be indicated in the Booking Confirmation. Should the Client request a changing of the duration of the rental, the Rental Agency reserves the right to verify the possibility of the requested and to charge the Client the sum of 100.00 euro for the changing of the Booking Confirmation.
5.1(a) The check in time is fixed at 2.00 pm. However the client can send through email a request of an earlier check-in time. The agency is not obliged for any check in before 2.00 pm whatever the circumstance.
5.1(b) The check out time is fixed at 10.00 am. However, the client can make a formal request through email for a later checkout. The company is not obliged to accept any later check out whatever the circumstance.
5.1(c) Should the company agreed on a later check out and/or earlier check in, a confirmation email shall be sent on the eve of the departure or arrival.
5.1(d) Any check out beyond 10.00 am without any preliminary request and acceptation shall be subject to an extra fee to be charged on the security deposit.
5.2. Should the notice of the Booking Cancellation be given more than 90 days before the beginning of the rentalperiod, the Rental Agency will refund the Booking Deposit paid at the moment of reservation deducting a sum between 100 and 200 euros according to the importance of the apartment and the reservation.
Should the notice of the Booking Cancellation be given 90 or less than 90 days before the beginning of the rental period, the Rental Agency will have the right to withhold the Booking Deposit paid at the moment of reservation.
Should the notice of the Booking Cancellation be given 48 hours or less than 48 hours before the beginning of the rental period, the Rental Agency will have the right to withhold or claim the full Rental Price. In any case, we recommend an insurance including cancellation cover (
5.3. The Rental Agency reserves the right to replace the Property with another Property of the same or greater quality, if the Rental Agency should be not in position to provide the Property reserved by the Client, because of force majeure or for any reason not depending from the Rental Agency. Should the Client refuse the Property offered as replacement because of reasonable a proven justifications, the Rental Agency shall refund all the sums paid by the Client. No further sum shall be due to the Client for any reason.
6. AMENITIES AND COMPLEMENTARY SERVICES
a) The list of amenities varies from an apartment to another. All amenities will be clearly underlined in the memorandum sent during the reservation.
b) The Rental Agency reserve the right to replace any amenity mentioned at the beginning in case of "Force Majeure” which are beyond its control.
c) The telephone line present inthe apartment offers 3 kinds of services varying from one apartment to another.
i) The telephone in reception mode only. The telephone with only reception mode is clearly underlined in the memorandum sent to the client during the reservation.
ii) The telephone with free outgoing calls on all FRENCH landlines. The telephone offers free outgoing call on all landlines. You can however dial your preferred number using a prepaid phone card on sale in all tobacco shops.
iii) The telephone with free outgoing calls on all French landlines and landlines in certain foreign countries. The telephone offers free outgoing calls on all French landlines. However due to the difficulty of allowing calls on all free international numbers, the phone will be automatically locked on all outgoing calls on international numbers be it the free ones also. Should the client wishes to have the phone unlocked, he should send a formal request asking the phone to be in this mode. However, the client shall be aware that the agency reserve the right to hold his security deposit the time the bill is verified. (See Art 4).
6.1. Complementary Services
The Rental Agency offers complementary services base on the professionalism of other partner companies. They have thoroughly been checked upon and selected.
a) The Rental Agency proposes a transfer/Limousin service from the airport/station to the apartment through apartner company. This service remains optional. The client shall abide to the instructions & general terms and condition of the company offering thisservice. The agency bears no responsibility in case of litigation between the two parties.
b) The Rental Agency proposes theclient to take Insurance through a partner company. This service remains optional. The client shall abide to the general terms & condition of thatcompany. The agency bears no responsibility in case of litigation between the two parties.
7. ARRIVAL AND DEPARTURES
7.1. The keys of the Property will be delivered the Client by a person in charge from the Rental Agency, in a place and at a time previously agreed. Check in and check out will be carried out between 9 a.m. and 7 p.m. local time. It is foreseen an extra cost for check-in and check out in different times.
7.1(a) Any arrival from Monday to Saturday beyond the mentioned time above (9.00 am to 7.00 pm) shall be subject to an extra cost communicated on the memorandum that the client receives after the process of the reservation. This extra cost is 50 euros for the check-in between 7 pm and midnight; 80 euros later than midnight.
7.1(b) Any arrival on Sunday and public holidays decreed in France, shall be subject to an extra cost communicated on the memorandum the client receive after the process of the reservation. This extra cost is 50 euros.
7.2. A memorandum shall be send via Internet from the Rental Agency before the beginning of the rental period. The agency bears no responsibility for a delay in check in if the mentioned points in the memorandum are not respected.
7.2(a) The client acknowledges to have read the memorandum sent and is complied to respect the content.
8. CLIENT OBLIGATIONS
8.1. The Client undertakes not to lodge in the Property a greater number of persons than that mentioned in the Booking Confirmation. Failing that the Contract will be rescinded and the Client will be obliged to leave the Property immediately. It will be applied a penalty of 30% of the Rental Price for each person exceeding the number of persons mentioned in the Booking Confirmation.
8.2. The Client undertakes to use the Property carefully, to keep it clean, to avoid any act causing any damage to the Property itself and its furnishings and equipment and/or its outbuildings. Unless otherwise instructed it is absolutely forbidden to smoke within the rooms of the Property.
8.3. The Client undertakes to use the Property without disturbing the resident nearby the Property. It is absolutely forbidden to use the Property for immoral and unlawful acts.
8.4. The Client undertakes to redeliver the keys of the Property in accordance with the instructions received by the Rental Agency.
8.5. The Client undertakes not to make copies and not to deliver the keys to third parties and/or not to divulge any access code to third parties. The loss and/or damage of the keys and/or lock shall be indemnified by the cost of a new lock and 5 sets of new keys.
8.6. The Client also agrees to take reasonable care and adopt the necessary safety measures to avoid unauthorized persons from accessing the Property for the entire duration of the lease as set forth in the Booking Confirmation. In the case of failure to comply with the said obligation, the Client shall be liable to the Rental Agency for any damage caused to the Property and/or items contained therein.
9. RIGHT OF ACCESS TO THE PROPERTY
The Rental Agency and/or any third parties appointed by the Rental Agency, identifiable upon request by the Client, shall have access to the Property to carry out any necessary repair and/or maintenance work. The Client will receive prior notice thereof, except in the case of an emergency.
Unless expressly authorized in writing by the Rental Agency, the Client shall not be allowed to have pets of any kind in the Property.
11. SUSPENSION OF UTILITIES
The Rental Agency will not be liable to the Client for any suspensions or interruptions of the electricity and/or gas and/or water supply for reasons beyond its control.
12. EXPRESS TERMINATION CLAUSE
12.1. The Rental Agency may cause this Contract to be terminated in accordance with French law by sending the Client written notice via fax, in any of the following events:
a) Should the Client fail to pay the Booking Deposit in accordance with the terms set forth in the Booking Confirmation or
b) Should the Client fail to pay the Balance in accordance with the terms set forth in the Booking Confirmation or
c) Should the Client fail to pay the Security Deposit set forth in the Booking Confirmation, pursuant to the terms and conditions set forth therein or should the Client's conduct be contrary to taking due care of the property (see art. 8).
d) Should the client failed to pay the extra fee incurred due to late check in(See article 7.1(a) and/or check in on Sundays and public holidays (See article7.1 (b)
12.2. In the cases designated by letters b) and c) and d), the Rental Agency will be entailed to retain, by way of penalty, the Booking Fee previously paid by the Client in accordance with the provisions setforth in the Booking Confirmation.
13. LIMITATION OF LIABILITY
It is understood that, within the limits provided for by law, the amount of any compensable damage due to the Client will not exceed the amount actually paid by the Client to the Rental Agency under the contract.
The Rental Agency will not be liable to the Client for any thefts perpetrated, with or without break-in or physical damages.
15. PERSONAL DATA
The Client authorises the Rental Agency to communicate his personal data to third parties in order to comply with any obligations under the lease contract.
16. JURISDICTIONS AND COMPETENCE
The Client is aware of stipulating a contract with a company of French right and to have read all general contract condition including the present clause. By stipulating the contact, the Client is aware and accepts that any claim and dispute relevant to this stipulation, carrying out, satisfaction or unsatisfaction of the Contract, will be exclusively under the jurisdiction of French law and under the competence of Paris Court.