Rental Agreement

Agencies and other headaches, keys and cleaners, running costs and contracts...in short, all the things we spend so much of our time doing behind the scenes.<br>
Clexane
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Rental Agreement

Post by Clexane »

Hi all,

I currently have a rental agreement in French as all my renters to date have been from France but I have just started to advertise on Holiday Rentals site and received my first booking today from a family in the UK.

Does anybody have a rental aggreement that they use in English which I can shamelessly copy?

BTW I notice a lot of discussion about sites that market to English speaking people but the cannot tell you the success that we have acheived through ABRITEL. I dont work for them either! They are great for targeting French People and only cost about 80 Euro a year. We booked out July and August in a matter of weeks - all French though and it will help if you can speak French. It could also be that we are too cheap :-(

www.abritel.fr

You can check out my place at

http://perfectplaces.com/villaemmanuelle.htm
So you wanted a holiday home in france ...

www.villaemmanuelle.com
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vrooje
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Post by vrooje »

Clexane,

Send me a PM with your e-mail address and I'll be happy to e-mail you our rental contract! :) I'd post it, but I don't want to spam the board with it.
Cheers!
Brooke
Clexane
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Post by Clexane »

Thanks Vrooje

PM on its way.

Best regards
So you wanted a holiday home in france ...

www.villaemmanuelle.com
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vrooje
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Post by vrooje »

No problem! :)

I'm sure it would also still be useful if others would post/send their T&C too, so that Clexane would have advice from a variety of different sources.
Brooke
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paolo
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Post by paolo »

Welcome to the forum, Clexane! Image

Here is one I put together for friends, which I cobbled from agreements I found online. So if you can identify parts of this as yours, I sincerely apologize!

I'd be interested to hear, if anyone reads through the whole thing, of what is missing from it.

We could even, if we're up for it, produce a template rental agreement - people often ask about this and we could put together one that has all the clauses you might need, allowing people to pick and mix their own agreement. Somebody with legal training might volunteer to check for errors and omissions (mentioning no names :D )

Anyway, here is mine, and please feel free to post yours, as long as you have not copied it from another source.


BOOKING FORM & RENTAL CONTRACT for

“[property name]�
www.[web address].com

To: [owner’s name and address]


Name of renter:

Address:



Tel:

In my party there will be ( ) adults and ( ) children aged ( )

Rental period:

Rental rate:

Payment

25% deposit payable by cheque in euros or bank transfer in euros: €

Balance to be paid up to 8 weeks before rental period starts: €
+ refundable security deposit of €: €

Sub-total to be paid 8 weeks before stay: €

Total: €





“[Property name]�

BOOKING CONDITIONS


1. The property situated at ……………………………………………….., is offered for holiday rental subject to confirmation by Mrs xxxxxx xxxxxxxxx (the owner), to the renter (the client).

2. To reserve the property, the client should complete and sign the rental agreement and booking form and return it with payment of the initial deposit (25 % of the rent due). Following receipt of the booking form and deposit, the owner will sign a copy of the booking form and send it to the client.

3. The balance of the rent together with the €600 security deposit is payable not less than 8 weeks before the start of the rental period. If payment is not received by the due date the owner reserves the right to give notice by post or e-mail that the reservation is cancelled. The client will remain liable to pay the balance of the rent unless the owner is able to re-let the property.

4. If the booking is made less than 8 weeks before the start of the rental period, the client will send the whole amount of the rental rate, security deposit, and cleaning fee (if applicable).

5. A security deposit of €600 is required in case of, for example, damage to the property or its contents. However the sum reserved by this clause shall not limit the client's liability to the owner. The owner will return the security deposit at the end of the rental period, unless there is a deduction to be made.

6. If the client has to cancel the booking at any stage, the owner will return any money received, minus bank charges and commissions, if she can find another renter for that period.

7. The client leaves his car on the property at his own risk, and the owner takes no responsibility for any vehicle or the contents of any vehicle.

8. The rental period shall commence at 3 pm on the first day and finish at 10 am on the last day.

9. No tents, caravans or camping cars can be accepted on the property. If the client wishes to invite any person, over and above the number listed on the booking form, on to the property, he must obtain written permission from the owner who reserves the right to make an appropriate charge.


10 .The client agrees to be a considerate tenant, to take good care of the property and leave at the end of the rental period. Although the after-stay clean is paid for by the client, the owner reserves the right to make a retention from the security deposit to cover additional cleaning costs if the client leaves the property in an unacceptable condition.

11. The client may in no circumstance re-let or sublet the property, even free of charge.

12. The renter’s group should ensure they have arranged adequate personal insurance cover for all members of their party to cover all personal risks and liabilities, including cancellation. The owner does not carry personal accident liability, and this is an explicit condition of the rental agreement.

13. The owner shall not be liable to the client:
- for any temporary stoppage in the supply of public services to the property;
- for any loss, damage or injury which may result from adverse weather conditions or any other matters outside the control of the owner;
- for any loss or damage or inconvenience suffered by the client if the property is destroyed or substantially damaged before the start of the rental period. In any such event the owner shall immediately refund to the client all sums previously paid.

14. Under no circumstances shall the owner's liability to the client exceed the amount paid to the owner for the rental period.

15. The contract shall be governed by French law in every particular, including formation and interpretation, and shall be deemed to have been made in France.



I have read the agreement and booking conditions and accept them on behalf of everyone in my party for this booking:


Signature…………………………….. Name………………………..

Date………………………………….


Please send this form to xxxxxxxx xxxxxxxxx at the above address along with the 25% deposit, or separately if you are paying by bank transfer.
Paolo
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vrooje
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Post by vrooje »

Ah, okay, I'll post ours too then! :) I didn't want this thread to get excessively long and mind-numbingly legal, but you are completely right that this would be helpful for everyone!

I like the idea of coming up with a template. Two minds are better than one, and all that! :)
The following conditions apply to all house rentals agreed to between ****owner name here**** (referred to as 'the COMPANY') and all house renters (referred to as 'the CLIENT') of the house owned by the COMPANY located at: ****address or identifying name**** in ****city/town, country**** (referred to as ‘the HOUSE’).

The COMPANY accords to the CLIENT a short-term furnished residence or 'holiday home', in accordance with the conditions stated below, to which the CLIENT must adhere. The above-mentioned residence is to be used only for personal use, and under no means is to be used for any professional purposes, or as a business unit or office. The CLIENT understands and accepts that the accommodation and services are only provided in the framework of a pleasure trip to France and that this is the principal underlying condition to the validation of this contract.

The agreed upon rental fee of €#### (Euros) per week includes linens, standard kitchen utensils, electricity, local telephone service (incoming and outgoing), cleaning, and all taxes. This fee is for use of the HOUSE for the period of time beginning at 5:00 pm on _____________, 20___ through and ending at 10:00 am on _____________, 20___. This is a period of ____ week(s), totaling a fee of €_____.

The CLIENT (including all accompanying family members and acquaintances) agrees to commit no act that could disturb the tranquility of the neighbors of the HOUSE where the rental occurs. Any disorderly or unruly behavior is the sole responsibility of the CLIENT. The CLIENT absolves the COMPANY and the COMPANY relinquishes complete and absolute responsibility if a third party is involved.

Animals are not allowed in the HOUSE except through prior arrangement and written authorization.

Smoking is not allowed in the HOUSE.

During the rental of the HOUSE, the COMPANY reserves the right to carry out urgent work in the HOUSE (agreed to with the CLIENT), without affecting the negotiated price. The CLIENT agrees to allow the COMPANY access into the HOUSE with prior notice of at least one day (except in cases of emergency), in order to accomplish these tasks. THE COMPANY shall inform the CLIENT (no later than 7 days prior to the due date of the remaining balance) if it is aware of any work, significant or otherwise, which to the best of the COMPANY’S knowledge will have to be performed in the HOUSE during the CLIENT’S stay.

The CLIENT understands that the COMPANY undertakes no responsibility for the CLIENT'S personal belongings and that in case of loss, damage, or theft to the CLIENT’S personal property the CLIENT shall not attempt to recover damages from the COMPANY.

The CLIENT is responsible for any defacement to the HOUSE during his/her stay. The CLIENT shall exercise reasonable caution to prevent the occurrence of theft including locking all doors and windows during the times that he/she is not inside the HOUSE. In case of theft the CLIENT agrees to be responsible (either personally or through the CLIENT’S insurer) for items and furnishing belonging to the COMPANY that are not included in the COMPANY’S insurance policy.

The CLIENT must inform THE COMPANY in advance of the day and time of their arrival. The length of stay of this contract can only be extended with the written agreement of the COMPANY and for no longer than a period of three months.

For a departure before the negotiated date, the rental fee remains the same as already agreed between the COMPANY and the CLIENT.

The CLIENT agrees to send a “Deposit� including €#### (rental deposit) plus €#### per week (security deposit for each week of stay) to the COMPANY upon signing of the rental agreement in order to reserve the requested HOUSE. The rental deposit portion will be credited towards the rental price, and the security deposit portion is considered a damage deposit. This “Deposit� payment will be accepted by the COMPANY either via credit card, personal check or bank check. The COMPANY will inform the CLIENT immediately if the requested HOUSE will not be available for whatever reason for the time requested and offer a comparable substitute. If the offered substitute is not acceptable to the CLIENT this contract will be deemed null and void and all deposits previously accepted shall be immediately refunded. If the CLIENT cancels the reservation for the HOUSE after the “Deposit� is made, the damage deposit is refundable.

The outstanding balance, or the remaining portion of the rental fee, is due four weeks prior to the rental date agreed to between the COMPANY and the CLIENT. This amount will be accepted in the form of a credit card payment, a personal check, money order, or a certified bank check. The CLIENT agrees to undertake the necessary procedures in order to assure that the COMPANY receives the rental fees agreed to between the COMPANY and the CLIENT.

The CLIENT agrees to leave the property in the same state as when the CLIENT entered the property. The damage deposit given by the CLIENT guarantees the COMPANY payment for any damage made by the CLIENT to any appliances, furniture, upholstery, kitchen utensils, linens, towels, etc. The deposit will be returned in full to the CLIENT within two weeks of his/her departure, once the COMPANY verifies the inventory of the HOUSE and verifies that no damage has occurred to the HOUSE. In case the observed damage exceeds the amount left as a deposit by the CLIENT, the CLIENT agrees to pay in full for the excess cost.

The COMPANY has the right to evict, without any prior warning, all CLIENTS who do not adhere to the above stated regulations in this contract.

The COMPANY has provided a French translation of this contract as a courtesy only. In situations where the parties have signed both French and English versions of this contract, all parties agree that in case of conflict between the versions, the English contract will take precedence.

All parties agree that for legal purposes, a ‘signature’ includes a facsimile of a signature by whatever process reproduced.

I agree to the above stated terms and accept the conditions as the CLIENT. I am signing this form and returning it to the COMPANY (****owner name(s)****) with the attached RESERVATION FORM in order to reserve the HOUSE offered by the COMPANY.

________________________________ (signature)
(The “CLIENT�)
________________________
(Print Name)
________________________
________________________
________________________
(Address & Fax)


________________________________ (signature)
(The “COMPANY�)
Name
Address 1
City, State/Province, Postal Code
Country
Fax & Tel numbers
Here are the differences I noticed:

You ask for the number of adults/children, whereas we just do that by e-mail. There's definitely something to be said for having that in the contract.

We don't mention that the client's car is not our responsibility. We mention personal belongings, but not explicitly the vehicle.

We also don't mention re-letting or subletting. I hadn't even thought of that!

We do sign the contract as well as the client -- they send/fax us a signed copy and we sign it too, make copies, and send/fax the contract back with all signatures, for their records. I don't know that it makes any legal difference, but it makes the client feel more comfortable.
Brooke
alexia s.
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Post by alexia s. »

Brooke,
Anybody who reads all the way to the end of this contract needs a holiday......
Best,
Alexia.
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paolo
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Post by paolo »

alexia s. wrote:Anybody who reads all the way to the end of this contract needs a holiday......
:lol:
I did, and I do!
Paolo
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Normandy Cow
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Post by Normandy Cow »

Alexia,
I agree - but then it is better to be safe than sorry - need to ensure everything is covered in case of dispute, and I happen to think it looks more professional to have a proper contract. :D

Here is my contract - very similar to the other two so far, just as long (or even longer!), and also copied from a couple of sources (probably the same as the others'!). So far, no-one has refused to sign it, nor has anyone received it and then decided not to go ahead with the booking, so I don't think it's a problem it being so long. And if someone did refuse to sign it, then I don't think I would want them as a guests anyway!

BUT - does anyone know how legally binding these documents are? Has anyone ever had to resort to producing a signed rental agreement to resolve a dispute? I would be really interested to know this...

Also, I've been meaning to change the bit about "strongly advised" to take out travel insurance, and stress that they "must" do so, as I understand from another thread that our house insurance would not pay out if a guest were to damage the property e.g. by setting fire to it (our insurance would claim it from theirs - and if they have no insurance...?)

RENTAL CONTRACT

Mr and Mrs XXX, of XXX (hereinafter called “the Lessor�), and:

……………………, of …………………………………………………………………………(hereinafter called “the Lessee�),

Declare to have agreed, in compliance with the provisions of sections 1 to 8 below, that the Lessor shall let to the Lesssee and the Lessee shall rent from the Lessor the house with the name of “Le Gaillon�, 76440 Haussez, France (hereinafter called “the Property�), for recreational purposes, together with all annexes and extensions, all inventory, furniture, fixtures and fittings and everything else related, for a rental period that commences on:

…………………………………………… at 16:00 hrs and ends on …………………….………………. at 10:00 hrs

To be used by a total of ……..…. persons, at a total rent of ………………..

1. Rent
The Property is offered for holiday rental subject to confirmation by the owners. The Lessee and party acquire no rights whatsoever to the Property excepting as holiday accommodation as a holiday let for the period booked. The Lessee shall not sub-let the Property. The rent agreed only applies to the rental period detailed above and provided that the Lessee does not permit more than the total number of persons stated by the Lessee and set out in this contract to occupy the premises. The rent includes inclusive charges with regard to normal seasonal use of electricity and paraffin, as well as unlimited logs and cooking gas, all cleaning equipment and products and basic condiments, but excludes final cleaning, telephone charges, linen and towels etc. Any extra fuel consumed over and above the inclusive charges will be charged at cost.

2. Payment
To reserve the Property, the Lessee must complete and sign this Booking Form and return it with a payment of the initial non-refundable Deposit (25% of the total rental due). Following receipt of the signed Booking Form and Deposit and after bank clearance of the payment the Lessor will send the Lessee a confirmation invoice and statement. This constitutes a formal acceptance of the booking. Payment will be made in Sterling or, if specifically agreed, in Euros.
The balance of the rent is payable not less than 56 days before the start of the rental period. Reservations made within 56 days of the start of the rental period require full payment to be made at the time of booking. The security deposit (see 3) is payable not less than 14 days before the start of the rental period. If these payments are not received by the due date(s) the Lessor reserves the right to give notice in writing (or by email or fax), that the reservation is cancelled.

3. Security Deposit
A Security Deposit of £200 is required for each rental period in case of, for example, damage to the Property or its contents. However the sum of £200 shall not limit the Lessee’s liability to the Lessor. The Lessor will account to the Lessee for the Security Deposit and refund the balance due within two weeks of the end of the rental period. Any chargeable expenses arising, e.g. additional cleaning costs should the property be left in a dirty and/or unacceptable condition (see 6) or objects missing/damaged from the inventory (see 7) will be deducted from the deposit. The Lessee declares that he/she agrees to a deduction of the deposit made in part or in whole, in order to cover any costs in part or in whole incurred or to be incurred by the Lessor as mentioned above.

4. Cancellation
By the Lessee:
If, after having signed the rental contract, the Lessee requests the contract to be annulled, the Lessor shall be authorised to charge the Lessee the rent agreed in part or in full, i.e. a percentage of the full rent, namely: Up to 56 days before the commencement of the rental period: 25%, thereafter: 100%. Notification of any cancellation must be made and accepted in writing. In the event of a non-insurable cancellation, the Lessor will make every attempt to re-let the Property and if successful a full refund will be made (less any expenses and/or re-advertising costs).
By the Lessor:
The Lessor reserves the right to cancel any holiday at any time, with a full refund of all monies paid, if necessary due to circumstances beyond their control.
If the full payment of the rental is not received from the Lessee within 56 days of the start of the rental period, or the security deposit is not received within 14 days of the start of the rental period, the Lessor reserves the right to give notice in writing (or by email or fax), that the reservation is cancelled.
The Lessee is therefore strongly advised to arrange a comprehensive travel insurance policy (including cancellation insurance) and to have full cover for the party’s personal belongings and 3rd party/public liability etc.

5. Liability
The Lessee declares that he/she shall be responsible for the Property and will be jointly and severally liable for all commitments relating to this rental contract. The Lessee accepts full responsibility for all damage done or caused to the Property through any act or omission on the part of the Lessee. Damage also includes any commercial loss ensuing from this in the event that the Property cannot be let to other parties due to damage done/caused by or by negligence on the part of the Lessee. Furthermore, the Lessee agrees to indemnify the Lessor against claims made by third parties for damages or injury to persons who were given permission by the Lessee to enter the Property and which were caused on or within the premises of the Property and within the rental period. The Lessee declares to have taken out adequate insurance to cover himself against such events.
The use of the accommodation and amenities is entirely at the Lessee’s risk and the Lessor will not be liable for any injury or accident to a user or visitor, or loss or damage to a user or visitor’s belongings, nor for any loss or damage to any motor vehicle or its contents.
The Lessor will not be liable for any temporary defect or stoppage in the supply of public services to the Property, nor in respect of any equipment, plant, machinery or appliance in the Property or garden, for any loss, damage or injury which is the result of adverse weather conditions, riot, civil war, strikes or other matters beyond their control.
The Lessor will not be liable for any loss, damage or inconvenience caused or suffered by the Lessee if the Property shall be destroyed or substantially damaged before the start of the rental period. In such an event the Lessor will, within seven days of the notification to the Lessee, refund to the Lessee all sums previously paid in respect of the rental period.
Under no circumstances shall the Lessor’s liability to the Lessee exceed the amount paid by the Lessee for the rental period.

6. Use of the Property
The Lessee declares that he/she will use the Property with due care as befits a Lessee and in conformity with the normal recreational purpose of the premises. The Lessee has been informed that the Property is only intended to be used by the Lessee and his/her party and that he/she shall not allow other people to use the Property against payment or free of charge. The Lessee declares to respect the Lessor’s instructions with regard to the use of the premises and to the use of all the equipment in conformity with the operating instructions. The Lessee shall report to the Lessor without delay any defects in the Property or breakdown in any equipment, and arrangements for repair and/or replacement will be made by the Lessor as soon as possible. The Lessee declares that he/she will not make any changes to the Property and that he/she shall leave the Property in top condition. At the end of the rental period, the Lessee shall leave the Property as he/she found it.

7. Inventory
The Lessee declares to have received an inventory of the Property and to agree with this inventory if he/she has not notified the Lessor that the inventory is incorrect within 6 hours after having set foot in the Property. In the event that one or more object(s) are found to be missing or damaged after this time the cost incurred for replacement shall be charged to the Lessee.

8. Applicable law/disputes
This contract is subject to the law of the United Kingdom. Any dispute that might arise from this contract will fall under the exclusive jurisdiction of the competent Court in the United Kingdom




I confirm that I have read and agree to the terms and conditions as set out above.




Signed…………………………………………………………(Lessee) Date………………………..[/quote]
Clexane
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Post by Clexane »

Thanks All,

It has been helpful. I also recieved a PM from PeeJay - thanks. I think what we have ended up with seems a bit too strong and perhaps long winded. What we did is translate the French version and added parts of what has come out today

We send English speaking customers both versions and ask that they sign the French Version as we think is required by Law in France - not sure though. We have booked out the summer and French people have had no problem signing this and getting it back to us.

We have two parts. The first stipulates the dates and times along with deposits and payment detaisl. This is the covver page and I havent attached that here as it is pretty basic. the second part is the General terms and conditions. I think this is where the debate lies. I am happy to join in with trying to get one master document that we can get legally reviewed and translated in two (or more) languages.

The last part we where told was very important as getting tenants out at the end can be problematic if they decide to stay and you have not been specific about the consequences.
Holiday Rental Agreement
(Seasonal hiring)
Arrivals and Departures:

Arrivals are between 3 p.m. and 6 p.m. Departures are between 8 a.m. and 10 a.m.. Inventories are done upon arrivals and departures during these times. Except by prior agreement with the owner or local representative, if the tenant does not arrive between 3 p.m. and 6 p.m. the first day of the rental period, access will be granted the following day according to the availability of the local representative.

Approved Use

The hiring can in no case profit with a third party, except prior to agreement of the owner.

Obligation to use reasonable care with facilities and installations.

All the facilities and installations are in operating state and any complaint should be advised not more than 24 hours after commencement of rental period. Repairs made necessary by the negligence or bad maintenance in the course of rental will be the responsibility of the tenant.

Obligation to take care that the peace of the neighbourhood is not disturbed by the tenant or his family.

Obligation to give back the Villa clean.

Upon departure, the tenant commits to returning the house as clean as it was found upon arrival. In the event that the villa is returned in an unclean or untidy state, an amount of 60 euros will be charged for cleaning and deducted from the security.

Furniture and materials on the inventory will be put back in their place.

Animals are not allowed

The presence of animals, in spite of the refusal of the owner, will result in the immediate breach of this contract including eviction without refund.

Special Cases

• The number of tenants should not exceed nine people (8 adults/children + 1 baby). If necessary, and subject to the agreement of the owner who can refuse the additional people, an increase of price will be applied.

• In the event of anticipated shortening of the stay by the tenant, the price of the hiring remains the same. No refund will be carried out, except the deposit provided that there is no damage at the time of departure.

• The inventory of fixtures and an inventory of the furniture and the various equipment will be made at the beginning and the end of the stay by the owner/local rep and the tenant. A sheet of inventory will be drawn up and signed. The tenant will have a 24 hours deadline to point out to the owner the noted anomalies. At the end of this period, the rented goods will be regarded as free from damage at the entry of the tenant.

• In case an inventory is not carried out, because one’s time of departure is not the one envisaged in the contract and incompatible with the owner’s timetable, the owner will unilaterally carry out the inventory of fixtures during the time stated in the contract, and will return the deposit in the 10 days following the departure in the absence of damages and subject to good maintaining of the villa (household included).If the owner notes damage, he will inform the tenant by registered mail with acknowledgement of delivery within eight days. Consequently, he will have a 2 months deadline after the departure date to give back the deposit less a deduction made for the damage, the loss of the objects, etc.

• With regard to duly noted damages, they will be the subject of a reserve on the deposit, the cost of which will be determined by a friendly agreement between owner or local representative and the tenant.

• In the event of litigation, an estimate will be carried out by a professional.

The owner reserves the right to enter onto the property at reasonable times to carry out normal maintenance, which may include gardening, cleaning work, swimming pool maintenance etc. Under no circumstances may tenants touch or interfere with any pool equipments or materials or other similar equipments. The owner reserves the right to take any relevant action, including immediate termination of the tenancy, if any property including the swimming pool and its grounds are abused or misused. Damage to the lining of swimming pools as a result of the fault or abuse, either willfully or negligently or otherwise, of the tenants will be fully charged to tenants up to the cost of replacing, such liner and any consequences thereof.

• The owner shall not be liable to the client:
- For any temporary defect or stoppage in the supply of public service (Electrcity, Water etc) to the property, not in respect of any equipment, plant, machinery or appliance in the Property, garden or swimming pool.
- For any loss, damage or injury that is the result of adverse weather conditions, riot, war, strikes or other matters beyond the control of the agents.
- For any loss, damage or inconvenience caused to or suffered by the Client if the Property shall be destroyed or substantially damaged before the start of the rental period and in such event, the agents shall within seven days of the notification to the Client, refund to the Client all sums previously paid in respect of the rental period.
• Under no circumstances shall the owner’s liability to the Client exceed the amount paid for the rental period.
• No responsibility can be accepted for injury to a user or visitor and loss or damage to the user’s or visitor’s belongings.
• No responsibility can be accepted for any loss or damage to any motor vehicle or its contents.
• The parking of caravans (motorised or otherwise) or camping is not permitted on the Property grounds without written permission of the owner.
• Please note that neither the owners, nor the letting agents take any responsibility for any injuries whatsoever and however caused with regard to the use of the swimming pool. Children should, at all times be supervised by a responsible adult. As the head of your party you are deemed to be wholly and exclusively responsible for any member of your party whilst at the property and specifically when the pool is being used. You are expected to have read the rules for the pool and any notices appertaining to its use and to have made these clear to each member of your party, particularly those with small children.

Insurances

The tenant is required to insure the house that he rents due to damages or liabilities that may arise due to their actions. Tenant must thus check if the contract of his main residence includes holiday rental. If not, tenant must seek an extension from their main residence insurance company and claim the extension of the guarantees, or take out insurance particular to holiday rentals. A certificate of insurance will be required from the tenant upon arrival in the villa or a letter of commitment to meet any damages or liabilities that may arise.
The Client is strongly recommended to arrange a comprehensive travel insurance policy (including cancellation cover) and to have full cover for the party’s personal belongings, public liability etc.

Security Deposit (or GUARANTEE)

The amount of the guarantee is fixed at 800 euros. No key will be given before the receipt of all the payments, balances and guarantee. Any delay of payment on behalf of the tenant can involve a delay in the delivery of the keys; in this case this will not give right to any refunding and compensation even if the period is partially or completely reduced because of the delays.

This deposit will be returned to the tenant at the end of the rental period, after inventory of fixtures. In the event of losses or damage caused by the tenant, the amount of this deposit will be reduced by the cost of repairing or expenses of replacement, on presentation of the documents of proof by the owner, and this will take place within two maximum month.

If the guarantee is insufficient, the tenant agrees, to supplement the sum on presentation of documents of proof. This guarantee will not be under no circumstances regarded as a participation in the payment of the rent.

Payment

The reservation will become binding after the signed return of this contract based on the stamped mail date and the receipt of the 30% Down Payment in the owners account. If the contract is not returned before the date requested, the reservation will be cancelled.

The balance of rental is due on arrival. If the tenant delays arrival, the tenant must notify the owner and forward the balance of the rent on the initial anticipated date of rental. In the event of non-payment, the rental is cancelled without redress.

Conditions of Cancellation

Any cancellation must be notified by registered letter. In the event of cancellation of the contract on behalf of the tenant and for whatever reason (accident, disease, case of absolute necessity or unforeseen event):
- in more than one month before the effective date of the lease, the tenant loses the paid down payments,
- In less than one month before the effective date of the lease, the tenant will be responsible for the difference between the down payments and the equivalent of the total rent.
- If the tenant does not show on the first day of the rental period mentioned on the contract, and 24 hours has passed without notifying the owner this contract will be regarded as cancelled. The owner may re-rent the villa at his discretion.

The owner is by no means responsible for the transport of his customers. The Owner cannot be held responsible for difficulties of his customers arriving at the villa, whatever the reasons even including events beyond his control or Force Majeure and will not be required to refund any monies.

Unauthorised staying in the property

The tenant will be able in no circumstance to prevail himself of an unspecified right to stay in the property with the expiry of the period of hiring initially envisaged on this contract, except by agreement of the owner. Any occupancy after date and fixed hour involves the total confiscation of the deposit. An additional amount equivalent to one and half the paid rent, damage for deprivation of pleasure towards the owner or his have-rights, of the payment of the expenses of hotel, the expenses of search of hotel and all other consecutive expenses to this serious fault. The owner, represented by the legal tenant on standby, will request expressly with the police force to vacate the premise without any further authorization, with the dates and hours stipulated on this contract with a grace period one hour. We will also commence proceedings to sue for illegal occupation of dwelling. In this case or even if the police force would not like to or cannot intervene, the next tenant can constantly and after the hour envisaged including the grace period, can evacuate themselves the belongings of the previous tenant without any reproach as they are the only occupant authorized to occupy the rented premises. The failing tenant will be able to prevail himself of no right, neither for eviction, housebreaking, expulsion, nor for any other reason whatsoever. Only a serious problem of health, justified by a medical document specifying the requirement not to be moved and preventing any transport away from the rented premise will prevent an evacuation by force by the police force or the legal tenant. This circumstance would not suspend therefore the refunding, expenses, compensations quoted in this paragraph.

Litigations

In the absence of agreement with the owner, this Contract is entirely regulated by French law and will be considered to have been made in France. Any proceedings arising out of or in connection with this Contract may be brought in any court of competent French jurisdiction.
So you wanted a holiday home in france ...

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Clexane
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Post by Clexane »

One other thing, I was under the impression that its a requirement by law that all tenants must have insurance and produce evidence of such prior to commencing their rental?

Not sure if this is correct but interested to know if its actually the case. I believe we where told this by the local tourist office.
So you wanted a holiday home in france ...

www.villaemmanuelle.com
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vrooje
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Post by vrooje »

I have heard that too, but I'm not entirely sure.

Another thing that I've heard from several sources is that rental contracts concerning property in France are bound by French law no matter what else is stated in the contract.

Too bad we can't hire a lawyer to look at this thread! :) I'd certainly pitch in for it...
Brooke
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Alan Knighting
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Post by Alan Knighting »

Brooke,

Two points.
  • 1. The tenancy will normally be governed by French law. It is possible for the parties to choose the law governing the contract, but the choice will be of limited effect as the mandatory requirements that the law of the country where the property is situate will always apply irrespective of choice of law.

    2. Agreements to let furnished property in France for more than a six month duration must be in writing and in the French language.
Of course I stand to be corrected by anyone who might know better but the above is my understanding of the situation.

Regards

Alan
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paolo
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Post by paolo »

One other thing, I was under the impression that its a requirement by law that all tenants must have insurance and produce evidence of such prior to commencing their rental?
I believe that in France if your renter causes major damage to your property (e.g. fire), your insurance won't pay out, you have to claim it off the renter's insurance. If your renter is French, that shouldn't be a problem because their home insurance usually covers holiday rentals too. This is not necessarily the case for the home insurance of other nationals.

So in theory you could end up with your house burnt to the ground, and not a penny from insurance. This is why some owners in France want you to provide proof of personal liability insurance for each member of a booking party.

This is something I have read, not experienced, and I keep meaning to make sure nothing like this can happen to me.

Alexia and Alan are the legal eagles - I wonder how they cover themselves? And is my interpretation correct for France? What about other countries?
Paolo
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Alan Knighting
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Post by Alan Knighting »

Paolo,

I have given notice to the insurers of my letting properties and the insurers of their contents (different companies) that the properties are used for holiday letting purposes. In both cases an extention to the normal terms of the policies was required and an extra premium became payable. The breakages cover for contents is more limited than is normal for a permanent residence and the public liability cover is doubled.

In addition I recommend in my Terms & Conditions, which all renters sign as being read and understood, that they must arrange their own full travel, cancellation and personal injury insurance cover.

This leave out my own negligence for which I have no insurance cover.

So long as I don't kill the little b's (wouldn't you like to sometimes? - I've been tempted) I think I have covered all eventualities.

Alan
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