General rental conditions

Article 1 :

This seasonal rental contract governs the conditions of sale between the tenant (or their representative) and the owner who is making his gîte available for a seasonal period.

Article 2 – General provisions :

No modification (erasure, overwriting) will be accepted in the drafting of the contract without the agreement of both parties.

Article 3 – Conclusion of the contract and payment :

The reservation becomes effective once the tenant has paid all or part of the rental amount via the website. The tenant accepts that the inventory of fixtures and fittings may be carried out either by the owner or by a duly authorised representative of the owner with written authority. Charges not included in the rent must be paid at the end of the stay.

Article 4 – Security deposit :

On the arrival of the tenant, a security deposit, the amount of which is indicated on the front of this contract, is paid by the tenant. It will be returned within a maximum period of one month from the tenant’s departure, after deduction by the owner of the amounts to be paid by the tenant to restore the premises. The amount of the deductions must be duly justified by the owner, on the basis of the inventory of fixtures on departure, bailiff’s report, estimates, invoices, etc. If the security deposit is insufficient, the tenant undertakes to top up the sum on the basis of the supporting documents provided by the owner. Under no circumstances may this deposit be considered as a contribution towards the payment of the rent.

Article 5 – Duration :

The tenant must leave the premises before 10.30 a.m. or at a time convenient to the owner, after an inspection of the premises. Under no circumstances may the tenant claim any right to remain in the premises after the end of the rental period initially stipulated in the contract.

Article 6 – Use of the premises :

the owner will provide the accommodation in accordance with the description it has given and will maintain it in a state fit for use. The tenant will enjoy the rental in a peaceful manner and will make good use of it, in accordance with the purpose of the premises, which are intended for human renewal. The rented premises are to be used as temporary or holiday accommodation, excluding any festive activities (particularly with music) or professional activities of any kind whatsoever.

On departure, the tenant undertakes to leave the property as clean as he found it on arrival. Any repairs, whatever their importance, made necessary by the tenant’s negligence during the rental period will be at the tenant’s expense.

Under no circumstances may the rental be made to third parties, except with the prior agreement of the owner. The lessee may not sublet the property, even free of charge, on pain of termination of the contract; the full amount of the rent shall remain the property of or payable 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 may not exceed the maximum capacity indicated in the description. In exceptional circumstances and subject to the owner’s agreement, this rule may be waived. In this case, the owner will be entitled to charge an additional fee, which must be notified to the tenant in advance and recorded on the rental contract.

Article 7 – Animals :

The tenant must specify the type and number of animals accompanying him/her. Pets must not roam the property without their owners and must not have access to beds, sofas or armchairs.

Article 8 – Inventory of fixtures and fittings :

The inventory of fixtures and fittings and the inventory of furniture and equipment are carried out at the beginning and end of the stay by the owner (or his representative) and the tenant. If it is not possible to carry out the inventory on arrival, the tenant will have 72 hours to check the inventory displayed and report any anomalies to the owner. After this period, the rented property will be considered to be free of damage on the tenant’s arrival. A joint inventory must be drawn up on departure. The tenant accepts that this inventory of fixtures may be carried out either with the owner or with his agent. If any damage is found, the owner will inform the tenant within a week.

Article 9 – Termination conditions :

Any termination of this contract must be made by registered letter with acknowledgement of receipt.

a) Cancellation before arrival: In the event of cancellation by the tenant before arrival, a deposit of 30% will be retained by the owner, who will refund 70% of the total amount paid. If the cancellation is made less than 30 days before the planned date of arrival, no refund will be made by the owner.

If the tenant does not show up within 24 hours of the arrival date indicated on the contract, the present contract is cancelled and the owner may dispose of the rental property. The deposit also remains the property of the owner, who may request payment of the balance of the rental.

In the event of cancellation by the owner, the owner will pay the tenant the full amount paid. The tenant may claim damages or compensation for the moral and financial loss suffered.

b) termination during the term of the contract :

If the contract is terminated during the rental period, it must be duly justified (default of payment, cheque with insufficient funds issued by the tenant, proven deterioration of the rented premises, complaints from neighbours, etc.). This cancellation, which is made by registered letter with acknowledgement of receipt, entails the departure of the tenant within 2 days of the date of receipt of the letter notifying him of the decision. In this case, whatever the reason for the termination, the full amount of the rent is retained by the owner. The owner reserves the right to retain the amount of the security deposit under the conditions specified in the ‘Security deposit’ paragraph.

Article 10 – Interruption of stay :

In the event of early interruption of the stay by the tenant, and if the owner is not liable, no refund will be made, apart from the security deposit.

Article 11 – Insurance :

Tenants are responsible for any damage they cause to the rented property and its surroundings. They should check whether their main home insurance policy includes a ‘holiday home’ (holiday rental) extension. If not, they must be covered by a holiday home insurance policy for these various risks. A certificate of insurance may be requested by the owner when the tenant moves in.

Article 12 – Disputes :

Any complaint must be addressed as soon as possible to the Clévacances approved departmental body, which will intervene to encourage an amicable settlement of disputes:

if the contract has been signed by the owner and the tenant.
if the complaint is made within 3 days of arrival, for any dispute concerning the inventory of fixtures or the description.
at the end of the stay for all other disputes.

All disputes arising from the performance or interruption of this contract will be referred to the Mont-de-Marsan Chamber of Commerce.