TENANT : the tenant
AGENCY : the agency
OWNER : the owner of the rented property
1.1. FRENCH LAW : RAPPEL DU CODE DE LA CONSOMMATION
In accordance to the article L121-21-8 of the French Code de la Consommation, related to, in particular, the provision of accommodation provided for a specific date or period, the TENANT is informed that he can't benefit from the right of withdrawal provided in the article L 121-21 of the French Code de la Consommation.
1.2. - INVENTORY
At arrival and departure the OWNER and the TENANT will check and sign the inventory together. In the case the inventory can not take place the tenant has to inform within 72 hours after his arrival about any defect or problem. After this period the tenant will be held responsible in case of any damage, or missing objects recorded.
1.3. - DURATION
The rental period may not be extended without the prior and written consent of the OWNER or the AGENCY and the tenant 's acceptance of this. In case of extension the rental period can in no case exceed 90 days. The tenant declares that the premises which this contract refers to will only be rented out to him/her as a temporary residence. These are major conditions without which this rental would not have been agreed.
1.4. - DEPOSIT
The deposit paid by the TENANT is a deposit as described in article L 114 -1 du Code de la consommation, accepted by both parties.
This amount will be deduced from the total rental price.
In case of cancellation by the TENANT till 6 weeks before arrival, the deposit will not be refunded. If the cancellation occurs within 6 weeks before arrival, the total rental price minus the deposit will be due to the agency.
Any cancellation must be transmitted to the agency via registered letter with acknowledgement of receipt. In case of advanced departure, no matter for what reason, the total rental price will be due.
The tenant engages himself, in case of cancellation by the owner or other particular case, to accept another rental proposed by the agency. Coins Secrets will propose in that case a rental in the same category and capacity, and within the same price range (+/- 10%).
In case of refusal of the tenant of this new offer, or in case Coins Secrets can not find another rental, the booking will simply be cancelled, Coins Secrets will refund the price of the booking and no further compensation can be asked by the tenant.
At the signing hereof, in addition to the down payment, the TENANT will also be charged with a lump sum of € 35 including all taxes as a handling fee.
In case of cancellation by the TENANT, this sum will remain at his charge.
1.5. - DAMAGE DEPOSIT
The deposit is paid to rectify any damage that may be caused to the rented property or movable or immovable objects used to decorate it. This sum will be paid by the TENANT to the OWNER or his representative (but not to the agency) at arrival such as described in the particular conditions in the article "PAIEMENT DU PRIX DU SEJOUR ET DU DEPOT DE GARANTIE". This amount will not produce any interest.
The deposit will be refunded by the OWNER to the TENANT, less any expenses incurred in replacing objects, carrying out repairs or further cleaning , and paying for eventual consumption of utilities not included in the rental price.
In case in the particular conditions is mentioned that the rental price includes all charges, the deposit will be refunded by the OWNER latest within 2 weeks after departure.
In case in the particular conditions is mentioned that the TENANT has to pay certain (consumption related) charges separately, the deposit will only be refunded once the OWNER has received the bill and has deduced the costs made by the TENANT.
If the deposit proves to be insufficient, the tenant agrees to make up the amount at presentation of the bill, and within 8 days after presentation of this bill.
Coins Secrets is not responsible for possible controversies between the client and the owner concerning the security deposit.
1.6. - OBLIGATIONS OF THE TENANT
- The tenant agrees to accept the property at the date mentioned in the contract and to accept the rental property in the condition it is in, as it is specified in the description which is appended to this contract.
- Movable objects and furniture should not suffer more damage than would be associated with the normal use for which they are designed. Any that are missing or damaged, due to any other cause than normal use, when this agreement expires must be paid for or replaced by the lessee, with the consent of the owner or his/her representative. This clause also applies to wallpaper, curtains and the building in general.
- If necessary, the following will be retained: A sum to cover any broken or damaged objects and the cost of cleaning or washing carpets, rugs, mattresses or bedding, etc. in order to remove any stains.
- The tenant agrees to use the furniture and objects in the rental property for their intended purpose in the place where they are located. It is expressly forbidden for the lessee to remove them from the rental property.
- The tenant must completely refrain from disposing of objects which are likely to obstruct the pipes in the washbasin, bath, bidet, sink, wash house or WC, etc; otherwise he/she will be liable for the expenses associated with repairing these facilities.
- The TENANT may not, UNDER ANY CIRCUMSTANCES, sublet or transfer his/her rights to this agreement without the express consent of the owner or his/her representative; the TENANT must use the rental property for his /her private use and may not, under any pretext, store any furniture there , except for washing and small objects. Non-compliance with this clause will lead to termination of the contract.
The tenant can in no case use the rental for special events like marriages, birthdays or other parties... No caravan, tent, mobile home or camping car is allowed to be parked on the property. Should the tenant fail to respect these rules this is an offense to the rental contract .
- The currently-rented property must, under no circumstances, be occupied by more than the number of people specified on the special terms and conditions, unless the OWNER has provided his/her prior consent.
Any exceed of the maximum capacity of the house will be charged pro rata per extra person, without consideration of the exact period the extra persons were present at the property. Bringing in extra beds is forbidden, except for cots for babies, on condition that these babies are mentioned on the rental contract.
- The TENANT must allow any necessary urgent maintenance work to be carried out to the premises and any shared equipment. The TENANT also has to leave access to the different persons in charge of pool maintenance , garden maintenance and cleaning as planned.
- The lessee must not bring any animal into the rented premises, even momentarily, unless the agency has provided its consent.
- In the case of a rental in a block, the tenants, as occupants, will be responsible for adhering to the internal regulations of the block, which they acknowledge having studied.
- The lessee must inform the OWNER immediately of any defect or damage no matter the cause.
1.7. - OBLIGATIONS OF THE OWNER
The OWNER obliges himself to make the rental property available to the TENANT with its furniture, equipment and objects in the same condition as specified in the description, and to comply with the obligations resulting from this agreement.
Coins Secrets can not be held responsible for any changes concerning the rental or the environment in case these changes have not been mentioned to Coins Secrets by the owner at reservation or in case of any changes between the moment of booking and arrival of the clients which are not brought to the attention of Coins Secrets by the owner. Coins Secrets can not be held responsible for a fault of the owner, who has to inform Coins Secrets in case of any changes regarding his house. The owner is entirely responsible for his property and the condition of the accommodation.
1.8. - INSURANCE
For rental contracts established before this date : 2021/03/15
The AGENCY takes out insurance for the POLICYHOLDER that covers the risks of fire, theft, glass breakage, water damage and recovery from third parties with regard to the rented property, furniture, equipment, materials and objects furnishing the property. The insurance premium is to be paid by the POLICYHOLDER. This premium is foreseen in the "PRICE OF THE STAY" under Special Conditions. If the POLICYHOLDER does not wish to take out this insurance, he must provide proof of insurance covering the rental risk of the rented goods.
For rental contracts established starting this date : 2021/03/15
The AGENCY takes out an insurance for the POLICY HOLDER which covers the rented property, furniture, equipment, materials and objects furnishing the property. This insurance also covers in case of cancellation due to a justified cause, as well as a COVID 19 guarantee. The insurance premium will be paid by the AGENCY.
1.9. - RESOLUTION CONDITION
If payment is not received within the specified time limits, or if any of the clauses in this contract are not executed, and if 5 days after a formal notice has been issued a satisfactory outcome has not been achieved, the owner (or his/her representative) may demand the immediate termination of this agreement, whereupon the lessee will be required to vacate the rental property following the simple request of the juge des référés [judge sitting in chambers to deal provisionally with matters of special urgency].
Each amount not paid within the accorded delay can be increased with 10% as mentioned in article 1226 du Code civil and this 8 days after reminder sent via registered letter with acknowledgement of receipt. Besides the resolution condition mentioned before, an indemnification can be claimed regarding the default made by the tenant.
1.10. - COMPLAINTS
The owner of the house is responsible for the condition of the accommodation and the description of the house made up by Coins Secrets in accordance with the owner after having visited the house. Coins Secrets declines all responsibility in case of any modifications to the house made by the owner and without informing Coins Secrets. In case of any complaint the tenant has to contact Coins Secrets (who's address and telephone number is indicated at the voucher) immediately or at least the next working day (before noon) and has to put his complaint in writing within the 24 hours following his arrival. Coins Secrets office is open all year, from Monday to Friday from 9 AM till 6 PM. The tenant engages himself to leave Coins Secrets the time necessary to verify together with the tenant and the owner the complaint, to establish the responsibility and to find an appropriate solution.
If a client leaves a property without giving Coins Secrets representative the possibility of verifying the reason of complaint, the client looses the right to any compensation. If a client complaints when he/she is no longer on the rented property, he/she looses the right to any compensation. Coins Secrets is not responsible for and will not accept as causes for complaint : lack of water or electricity, internet, work in progress, etc., if these depend on extern organisations or noise nuisance caused by neighbours or any other nuisance outside the property.
As agent, COINS SECRETS will accept no responsability for the provision of the accommodation by the owner or for the acts and behaviour of the tenant.
1.11 - DATA PROCESSING AND FILES
Articles 39 et seq. of the "Information Technology and Freedoms” Act no. 78-17 of 6 January 1978 state that you have the right to access, modify, correct and delete data which concerns yourself.
1.12. - LAW
The present contract is submitted to the French law. The local court in the area of the location of the rental will be in charge of any eventual dispute regarding the present contract.
1.13. - VALUE OF THIS TRANSLATION
The present contract is established in French, and translated only for your information in English. In case of any difference between both versions, the French version will prevail.