Terms and Conditions
General conditions
1.1 These general conditions apply to every Lease Contract concerning the holiday cottage “Le Noyer”, Le Pont, 07570 Désaignes (F) and the surrounding yard. The conditions apply without exception, unless agreed otherwise in the Lease Contract.
1.2 The contract parties in this exclusive Lease Contract are the owner of the object, or owner’s immediate representative, hereinafter referred to as “Landlord”, on the one hand and on the other hand the person representing himself and/or others, with the intention of releasing the object for a certain period of time, hereinafter referred to as “Tenant”.
1.3 The holiday cottage as referred to in this contract, refers to the part of the property as well as the related facilities, intended for lease as described on the website and/or in the oral or written information provided by the Landlord.
1.4 The amount paid by the Tenant is the financial compensation for the use of the lease object, hereinafter referred to as “Lease Amount”, and consists of the following elements:
- The rent money
- Compensation for the use of bath and bed linen
- Any other compensation, for example: requested additional cleaning
- Compensation amount for the final cleaning
- Security deposit, hereinafter referred to as the “Deposit”
This Lease Amount must be received by the Landlord prior to the start of the lease period. The Lease Amount, including all additional costs, are agreed upon in advance and stated in the Lease Contract.
2 Reservations
2.1 If the holiday cottage is indeed available within the desired period, then Landlord will confirm the option and will e-mail or mail a questionnaire. Based on the information supplied by Tenant, Landlord compiles the Lease Contract and sends it to Tenant combined with these general conditions.
2.2 Tenant sends the filled out and signed Lease Contract together with a copy of a valid passport or proof of identity to the Landlord.
2.3 Within 7 days from the date of Lease Contract, Tenant shall pay 30% of Lease Amount as a down payment to Landlord. Once the down payment has been received, the reservation is final and Landlord is bound by this agreement.
2.4 Tenant is entitled to cancel the Lease Contract free of charge for a maximum of nine calendar days following the contract date by means of registered mail. If Tenant has already paid the down payment, this will be refunded. The aforementioned option does not apply if the reservation occurs less than six weeks prior to the date of arrival.
2.5 Total Lease Amount must be paid no later than six weeks prior to arrival.
2.6 In case of a reservation within six weeks prior to the date of arrival, the full Lease Amount must be paid within seven calendar days.
2.7 In case of a reservation within three weeks prior to the date of arrival, full Lease Amount must be paid directly by phone or via Internet.
2.8 If Tenant fails to observe the above-mentioned terms, Landlord is entitled to regard such behaviour as a cancellation. In such a case the rules stated in Article 6: ‘Cancellation’ apply.
3 Rights and duties of the Landlord
3.1 Tenant accepts the obligation to deliver leased object to Landlord with all of the pertaining facilities, clean and in good order at the agreed time.
3.2 Once this contract has been signed, Landlord may not make any changes in the furniture/decoration of the leased space.
3.3 Landlord or Landlord’s representative may inspect leased object at any reasonable time or show the object to any prospective tenants.
3.4 Landlord, at Landlord’s own expense, is obligated for the benefit of the Tenant, to take out a good fire insurance for the leased object and its inventory.
4 Rights and duties of the Tenant
4.1 Tenant hereby declares to be aware of the location, decoration and reasonable state of repair of the leased object.
4.2 Tenant will live cleanly and properly in the leased property, and is fully responsible for any damage to the holiday cottage and the surrounding yard. This also applies to any damage or loss of (or a part of) the inventory, caused during the lease period, unless Tenant can prove that such damage cannot be attributed to Tenant, Tenant’s family members, or guests.
4.3 Barring explicit permission of the Landlord, the Tenant is not permitted to make use of any facilities on the grounds other than the ones mentioned.
4.4 Tenant may not yield leased object to any third parties in sublease or use, nor allow more individuals to spend any nights there than stated in this agreement, barring written permission to that effect by Landlord. In case of no such permission, this agreement will be considered cancelled.
4.5 Tenant exclusively uses leased object as a holiday cottage and will not conduct a profession or business in it.
4.6 It is prohibited to use other utensils for cooking or washing than those made available by the Landlord.
4.7 No bonfires are permitted in the yard or patio belonging to the holiday cottage.
4.8 It is prohibited to the Tenant to produce loud music or any noise that annoys other residents in the surrounding area.
4.9 Pets are only permitted if explicitly mentioned in the Lease Agreement and Landlord has given permission. An additional charge is applicable per pet per week. Tenant must clean up all pet waste.
4.10 Use of stair steps to the brook occurs at the Tenant's own risk.
4.11 Tenant and company may not move, change or construct anything within the brook, the waterfall or on the embankments, or do anything that impedes the water flow. They may not damage trees, bushes, plants, or the banks around the house.
4.12 Tenant must deliver the holiday cottage and its inventory, as well as the yard, clean and in good order.
5 Cancellation
5.1 Landlord is entitled to regard this contract as dissolved, without requiring notice or court intervention:
- If the full Lease Amount has not been paid at the start of the lease.If Tenant leaves the lease object prematurely.
- If Tenant fails to move into the leased object before 10:00 PM on the start date without notice.
- If Tenant fails to meet any obligations resulting from this agreement.
Without prejudice to Tenant’s liability for full Lease Amount, Landlord may re-lease the cottage to a third party to limit damages. Amounts collected will be deducted from Lease Amount owed, minus an administrative charge of €50.00. This also applies if Tenant cannot make use of the lease object due to personal or other circumstances.
6 Cancellation6.1 Cancellation by Tenant
6.1.1 Tenant must confirm cancellation immediately by phone and registered mail.
6.1.2 Untimely payment is regarded as a cancellation.
6.1.3 In case of cancellation, Landlord shall charge:30% of Lease Amount up to 42 days prior to arrival60% of Lease Amount from 42 to 28 days prior90% of Lease Amount from 28 to 14 days prior100% of Lease Amount from 14 days prior or in case of no show
6.1.4 If Landlord is able to re-lease the cottage, the full Lease Amount, minus €50.00, will be refunded.
Advice: It is advised to take out cancellation insurance.
6.2 Cancellation by Landlord
6.2.1 If Landlord is unable to lease the cottage due to causes beyond control, the full Lease Amount (or part already paid) will be refunded.
6.2.2 Tenant cannot hold Landlord liable for cancellation.
7 Security Deposit
7.1 Tenant must pay a security deposit for possible damage, theft or unauthorized use.
7.2 If no damage or theft is observed, the deposit will be refunded within 2 weeks after the end of the lease term.
8 Liability
8.1 Use of all facilities is at Tenant's own risk. Landlord is not liable for accidents or injury of any kind.
8.2 Landlord is not liable for damage or theft of Tenant's property. Defects in utilities will be repaired as soon as possible but do not justify restitution of the Lease Amount. Natural disasters or other acts of God also do not justify restitution. Any claims cannot exceed the Lease Amount.
9 Complaints
9.1 Complaints must be submitted within 7 calendar days from the end of the lease period. Complaints will be dealt with immediately and may, in some cases, lead to partial restitution of the Lease Amount. The final decision rests with the Landlord.
10 Supplementary information
10.1 Time of arrival: between 4:30 PM and 10:00 PM on the day of arrival.
10.2 Time of departure: no later than 9:30 AM on the departure date.
10.3 Lease period begins and ends on a Saturday unless agreed otherwise in writing.
10.4 Use of the available bed linen is mandatory (beds are 2.20 m long).
10.5 Charges for final cleaning are mandatory.