I- LEGAL REGIME OF THE CONTRACT
This rental is concluded as a temporary and pleasure residence. Consequently, the contract will be governed by the provisions of the Civil Code as well as by the conditions provided for herein, forming an integral part of the rental contract concluded between CAP NEGRE IMMOBILIER ("the lessor") and the tenant or his representative. Please read them carefully before booking.
II- INFORMATION AND RESERVATIONS
Prior to the conclusion of the reservation contract, the tenant will find on www.capnegre-immobilier.com, on the partner sites or directly with the Cap Nègre Immobilier agency all the necessary information on the prices, dates and elements of the stay (housing situation, type, capacity, main characteristics, photographs, optional services, etc.).The accommodation is booked after payment of a deposit equivalent to 25% of the rental price after checking availability. A Vacation Rental contract is sent by the agency to the tenant (by email or letter in duplicate), accompanied by a description of the rented premises. This contract and its annexes are to be initialed / dated / signed by the tenant and then returned to the agency within 3 days. In any case, the tenant must necessarily send to the agency, within a maximum period of 15 days before the start of his stay, the balance of the amount of the stay and the optional services contracted (possible by credit card, transfer…). In the event of a last-minute reservation (less than 15 days from the start of the stay), the total amount (deposit + balance + additional services) must be paid before arrival.
ARRIVAL ORGANIZATION: check-in from 4 p.m. When the keys are handed over, the amount of the security deposit will be requested.
ORGANIZATION OF DEPARTURE: Unless prior agreement of the lessor, the premises must be vacated no later than 10 am on the day of departure.
STATEMENTS AND INVENTORY OF FURNITURE: The statement and inventory are communicated to the tenant upon arrival and must be reported within 72 hours of arrival in the event of non-compliance.
If no inventory has been made, the tenant is presumed to have received the rented premises in good condition with rental repairs and must return them unless proven otherwise (art. 1731 of the civil code).
III- DURATION The rental starts at 4 p.m. on the first day and ends at 10 a.m. on the last day of the rental at the latest. The rental cannot be extended without the prior written consent of the lessor, the lessee thus accepting it. The rental contract will automatically end at the end of the fixed term, without the need to give notice. If the tenant decides to leave the rented premises before the scheduled date, he will not be able to claim any reimbursement for the remaining period, both for accommodation and for associated services not consumed.
IV- PRICE Rents advertised include accommodation, all taxes and charges.
The rents do not include:
- end of stay cleaning (optional service on request),
- sheets and towels (optional service on request)
- tourist taxes (price depending on the municipality, the classification of the property and the number of adults occupying the accommodation).
ENERGY EXPENDITURE For rentals made between April 1 and September 30, energy consumption (water, electricity and gas) is included in the rental price. For the period from January 1 to March 30, and from October 1 to December 31, consumption will be invoiced in addition and must be paid to the agency after reading the meters.
V- CANCELLATION OF THE CONTRACT The Holiday Rental contract is firm and definitive. However, for a cancellation more than 60 days before your arrival, your deposit will be refunded, and the reservation canceled (excluding insurance costs taken out, 3.2% of the price of the stay including VAT).If the cancellation occurs within 60 days of the date of arrival, no refund will be made and the balance of the stay will be payable by the tenant. As an option, for an additional 32 Euros, the tenant can benefit from a cancellation insurance * taken out by CAP NEGRE IMMOBILIER as an insurance intermediary agent registered with ORIAS under registration number 17001573. Terms on request.
CANCELLATION CONDITIONS RELATED TO THE COVID-19 CRISIS:
In response to the events, the CAP NEGRE IMMOBILIER agency undertakes to cancel free of charge * all reservations that cannot be honored by tenants due to confinement, or due to any government measures making them unable to go to the resort.* in all cases, the agency reserves the right to keep 3.2% of the price of the stay (excluding services and additional costs), for insurance costs taken out as part of its management activity.
VI- GUARANTEE DEPOSIT On handing over the keys, the tenant will pay into the hands of the lessor, a sum the amount of which is defined, as a security deposit, to cover damage that may be caused to movable or other objects garnishing the rented premises. Any lost, broken or damaged item must be replaced or refunded to the lessor at its replacement value, by the lessee who agrees to do so. This security deposit can in no case be considered as payment of part of the rent. It will be returned within a maximum of fifteen days from the end of the stay, after deduction of the items replaced, any costs of repairing, cleaning, etc. If the security deposit is insufficient, the tenant agrees to complete the sum. The return of the keys to the lessor, at the end of the lease, does not entail the lessor's waiver of compensation for rental repairs.
VII- INSURANCE The tenant must be insured by a well-known insurance company against the risks of theft, fire and water damage, both for his rental risks and for the furniture rented out, as well as for the remedies of neighbors, and justify them to first requisition from the lessor. Consequently, the lessor declines all responsibility for the recourse that his insurance company may exercise against the lessee in the event of a claim.
VIII- OCCUPANCY The premises which are the subject of this rental must not, under any circumstances, be occupied by a number of people greater than that indicated in the special conditions except with the prior agreement of the lessor. If necessary, the landlord may claim additional rent, or refuse entry into the premises. It is strictly forbidden to sleep on the mattress pad, bedding or blankets.
IX- PRINCIPAL OBLIGATIONS OF THE TENANT: As a consequence of the freedom of use of the premises, their detention is transferred to the tenant with no other obligation than to use it peacefully, to pay the price of the agreed lease and to return the premises in good condition. The tenant is required to:
1 - Only occupy the premises as bourgeois, to the exclusion of the exercise of any trade, profession or industry, the tenant acknowledging that this rental is only granted to him as a PROVISIONAL RESIDENCE AND PLEASURE, major condition without which the present rental would not have been granted to him.
2 - Inform the agency, within 72 hours of arrival, of any anomaly noted (in particular incomplete inventory or housekeeping problem). After this period, the rented property will be considered to have been given clean and in working order at the tenant's entrance
3 - Do not do anything which, by his own doing or by the fact of his family or his relations, could harm the peace of the neighborhood or of the other occupants.
4 - In the event of rental in an apartment building, comply, as occupant of the premises, with the internal regulations of the building.
5 - Occupy the premises personally and under NO circumstances may sublet, even free of charge, nor assign his rights to this rental, without the written consent of the lessor.
6 - Under no circumstances being able to store furniture.
7 - Do not make any modification or change in the arrangement of furniture and premises.
8 - Pet: the tenant may bring a pet into the rented premises, with the express agreement of the agency, after having paid the animal supplement of € 39 per stay. However, no dog belonging to the first category mentioned in article L211-12 of the rural code will be accepted.
9 - Allow repairs to be carried out in the rented premises, the urgency and necessity of which appear during the rental, and do not allow their postponement.
10 - Maintain the leased premises and return them to a good state of cleanliness and rental repairs at the end of use.
11 - Immediately inform the lessor of any damage and damage occurring in the leased premises, even if no apparent damage results.
12 - Respond to damage and losses that occur by his own doing or by the fact of people of his house, during the enjoyment of the premises, unless he proves that they took place without his fault or that of the persons known -designed.
X- MAIN OBLIGATIONS OF THE LESSOR: he is required to:
1 -Deliver the rented premises in good working order and repair, as well as the equipment mentioned in the contract in good working order.
2 - Ensure the tenant the peaceful enjoyment of the rented premises and guarantee him against vices and faults likely to hinder them.
3 - Maintain the premises in condition for use for the intended use.
4 - In the event of a rental in an apartment building, COMMUNICATE to the tenant the internal regulations of the building or POST them IN THE COMMONS.
5 - Unless there is an obvious emergency, do not carry out work in the rented premises during the rental period
6- NATURAL AND TECHNOLOGICAL RISKS Predictable and approved natural and technological risk prevention plans in the municipalities of Lavandou and Rayol-Canadel can be consulted at the agency.
7- If the rental has a swimming pool, it has a security system in accordance with current standards. A user manual is made available to the tenant
7- The lessor declines all responsibility in the event of theft or burglary in the rented premises
XI-ATTRIBUTION OF JURISDICTION
For the execution of the present, the undersigned parts elect domicile in the offices of the agency and agree that in the event of dispute, the competent court will be exclusively that of the jurisdiction of the situation of the rented accommodation.