General rental conditions
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Article 1. Object : This contract is reserved for the exclusive use of the vacation rentals of the clients of Villa Catalpa 558 Route de la Rosette – 97160 Le Moule and only the French law is applicable to the contract.
a) The arrival times are scheduled on the day stipulated on the contract from 5:00 pm
b) The departure times are scheduled on the day stipulated on the contract before 11:00 am.Article 2. Obligation to occupy the premises personally, to live in them “as a good father” and to maintain them. All the installations are in good working order and any complaint concerning them occurring more than 24 hours after the entry in enjoyment of the places, could not be admitted. The tenant has the obligation to ensure that the peace of the neighborhood is not disturbed by the fact of the tenant or his family. No noisy party will be tolerated.
Article 3: The premises are rented furnished with kitchen equipment, dishes, glassware, blankets and pillows, as they are in the description. A standard cleaning service of 75€ is pre-paid with the rental. If the villa requires a specific cleaning at the end of the rental period, the owner or his representative will be entitled to claim from the tenant
the price of the cleaning of the sheets, bedspreads, curtains, household linen, stains, painting of the walls, cleaning/repair of the floor.
the total value, at the price of replacement of the objects, furniture or materials broken, cracked, chipped or deteriorated/ripped and those whose wear would exceed the normal for the duration of the hiring,
The repairs, whatever the importance, made necessary by the negligence or the bad maintenance during the rent, will be the responsibility of the tenant.
Article 4. General provisions : No modification (erasure, overwriting, …) will be accepted in the drafting of the contract without the agreement of both parties. The owner commits himself not to reveal to any third party the information of some nature that it is, on some support that it is, that the tenant will have been brought to give him at the time of the execution of this contract. These last provisions are however not applicable as regards the requests for information which would be formulated by the administrations and/or the Courts.
Article 5. Conclusion of the contract and payment: The reservation becomes effective as soon as the tenant has returned to the owner a copy of the present contract accompanied by the amount of the deposit of the stay, that is to say 30% of the total amount before the date indicated in the contract. The balance of the rent must be paid 60 days before the day of arrival.
Article 6. Deposit : The tenant pays at his arrival a deposit of 1 000 €. It will be restored at the latest one week after the departure of the tenant, deduction made, by the owner, of the possible amounts to the load of the tenant for purposes of restoration of the places. The amount of these deductions will have to be duly justified by the owner on the basis of the inventory of fixtures of entry and exit, report of bailiff, estimates, invoices… If the deposit is insufficient, the tenant commits himself supplementing the sum on the basis of the justifications provided by the owner. This deposit can in no way be considered as a contribution to the payment of the rent. (If the rental is insured by an intermediary, the deposit can be managed by this intermediary)
Article 7. Duration: The tenant must leave the premises at the time envisaged by the contract or at a time agreeing with the owner, after inventory of fixtures. The tenant cannot in any circumstance prevail himself of an unspecified right to the maintenance in the places at the expiration of the period of hiring initially envisaged by the contract, except agreement of the owner.
Article 8. Use of the premises: The owner will provide the accommodation in accordance with the description he has made and will maintain it in a state of use. The tenant will enjoy the rent in a peaceful way and will make good use of it, in accordance with the destination of the places. The rented premises are for temporary or vacation use, excluding any professional activity of any kind (maximum 3 months). The rental can in no case benefit to third parties, except prior agreement of the owner. The subletting is forbidden to the tenant, even free of charge, under penalty of cancellation of the contract. The full amount of the rent will be retained by or due to the owner. The number of tenants cannot be higher than the number indicated in the contract. 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 will have to be communicated to the tenant beforehand and recorded on the rental contract.
Article 9. It is not accepted the reception of domestic animals.
Article 10: Inventory of fixtures and fittings: The inventory of fixtures and the inventory of the furniture and various equipment are made at the beginning and at the end of the stay by the owner or his representative and the tenant. In case of impossibility of proceeding to the inventory at the time of the arrival, the tenant will have 72 hours to check the inventory posted and to announce to the owner the noted anomalies. After this period, the rented goods will be considered as free of damage at the entrance of the tenant. A contradictory inventory of fixtures of exit must obligatorily be established. The tenant accepts that this inventory of fixtures can be carried out either with the owner or his agent. If the owner or his representative notices any damage, he must inform the tenant within a week.
Article 11. The descriptions of the accommodation are established with care. However, the owner cannot be held responsible for certain modifications that have occurred since the publication of the site or for certain infrastructures that have not been completed or that have been temporarily interrupted (for example, for renovation work or a breakdown of the electrical appliances). Concerning the villa, it is not a hotel structure, a broken down element cannot be replaced immediately, the delays of intervention of a repairman on the spot are to be taken into account and will not be subjected to compensation.
Article 12. Conditions of cancellation : Any cancellation of the present contract by one of the parties, must be addressed by mail or e-mail against acknowledgement of receipt.
In case of withdrawal of the tenant:
more than 120 days before arrival: the deposit is refundable to the tenant.
from 119 days to 90 days before arrival : the deposit is not refundable but it can be reused, by the tenant, at a later date, according to the availability of the villa, under the same price conditions.
Between 0 and 60 days before arrival: the balance is due to the owner.
In case of early interruption of the stay by the tenant, and if the responsibility of the owner is not questioned, no refund will be granted to the tenant by the owner, except the deposit.
In the event of cancellation by the owner before the tenant’s entry into the premises, the owner will pay back to the tenant all the sums paid. The tenant can ask for damages or compensation for the moral and financial prejudice suffered.
In case of natural disaster such as cyclone or earthquake: No refund will be granted to the tenant by the owner
In case of termination during the contract: Any termination of the contract by the owner during the rental period must be duly justified (proven deterioration of the rented premises, complaints from the neighborhood, …). The termination of the rental contract must be notified to the tenant by hand-delivered letter and entails the departure of the tenant within two days following the date of receipt of the letter notifying him of the termination of the rental contract. In this case, the entire amount of the rent remains with the owner. The owner reserves the right to keep the amount of the security deposit under the conditions specified in article 6 “security deposit”.
Article 13 : NOSHOW If the tenant does not show up within 24 hours after the arrival date indicated in the present contract, this one is cancelled and the owner reserves the right to dispose of the villa designated in the present contract and keeps the amount of the rent.
Article 14. Personal belongings: The accommodation is insured by the owner, who undertakes to deliver it in a good state of cleanliness and maintenance, in accordance with the description on the website, however he cannot be held responsible in case of theft, loss, accident, damage, or other problems that could occur with regard to all the tenants or their property. Tenants’ personal belongings are strictly their own responsibility. Tenants are therefore advised to take out insurance.
Article 15. Limitation of liability. The owner provides only the services mentioned in the present contract and does not take charge of any additional activities (such as outings, visits, excursions, car rentals, sports equipment)
The owner cannot be held responsible if these activities are disturbed. Similarly, the owner cannot be held responsible for any nuisance due to the neighborhood (work, parties …). As such, no unforeseen nuisance will be subject to compensation.
Article 16. Charges : Water and electricity charges are included in the rental price unless otherwise specified in the contract. Air conditioners are to be used at night only with all doors and windows closed. For any daytime use planned in advance, the owner must be notified. In the event of non-observance of this clause, the owner reserves the right to withhold the deposit paid by the tenant.
Article 17. Safety of the children: In all the cases, the tenants are only responsible for the vigilance and the safety of the children accompanying them. The responsibility of the owner could not be committed in the event of accident.
Article 18. This Agreement shall be exclusively governed by and construed in accordance with French law, without regard to applicable conflict of law rules. In the event of a dispute arising out of or in connection with this Agreement, the Parties shall attempt to reach an amicable resolution. In the event of failure to reach an amicable resolution, the dispute will fall under the exclusive jurisdiction of the court of POINT A PITRE.
Article 19: The Tenant may not object to the visit of the premises when requested by the Owner or his representative.
The owner. The Tenant.
Special conditions COVID 19
Any cancellation by a tenant due to restrictions related to the COVID 19 crisis will result in a full refund of the rental amount until the scheduled day of arrival. This refund will correspond to the net rental and will not include any agency fees.