GENERAL RENTAL CONDITIONS LODGING RENTAL AGREEMENT – TOURIST ACCOMODATION
Article 1 : PURPOSE
This is a touristic rental agreement. A short occupancy is an essential condition of the present contract. The Tenant is in no way allowed to claim a permanent residence in the rented premises.
Article 2 : LENGTH OF STAY
The undersigned Tenant of the present fixed term contract shall in no circumstances invoke any right to maintain occupancy of the premises at the end of his stay.
Article 3 : CONTRACT PROCEDURES
The Owner addresses two copies of the present contract duly completed and signed.
The Tenant returns to the Owner a countersigned copy of the contract within 8 days of its reception date. Tenant will pay his downpayment within the same delay.
Balance payment must be paid 30 days before entry; except for late reservations, the total rent is then paid upon arrival.
If the Owner does not receive the original signed copy, or the agreed downpayment, within the aforesaid delay, he may cancel the rental by registered letter, fax message or electronic mail (confirmed by post) within the 8 days mentioned above for the downpayment and the return of the signed contract.
If the Owner fails himself to duly complete the contract, then the Tenant may terminate the contract with no indemnity.
Article 4 : USE OF RENTED PREMISES
The Tenant will use the rented premises according to its destination in a peaceful and orderly way. He must keep the premises permanently clean and in good order.
The Tenant must comply with the maximum capacity of 8 persons. Any breach of this clause may result in immediate termination of the contract, with the Tenant at fault, the total amount of the rental remaining then duly acquired to the Owner..
Article 5 : ANIMALS
No pets are allowed on the premises. In case of failure to fulfil such a contractual obligation by the Tenant, the Owner may refuse access. In that case, no reimbursement will be done.
Article 6 : SECURITY DEPOSIT
The deposit will cover all sums charged to the Tenant by the Owner upon return of the rented premises.
In case of dispute, the Owner may keep the deposit, under his own responsibility, until liabilities are clearly defined.
Should it be established that the Tenant is not liable for the alleged sums charged, all or part of the deposit must be repaid; in that case, legal interests are due by the Owner and they will be deducted from the final settlement.
Following the final two-party inventory upon leave, that deposit is repaid to the Tenant minus any reductions in case of damage or breakages.
In case of early departure (earlier than mentioned in the contract) preventing the establishment of the final inventory, the deposit will be sent by the Owner within 10 days.
Article 7 : INVENTORY
A full inventory of the general state of the premises and a listing of all furnishings and equipment will be established and signed by the Owner and Tenant at the beginning and the end of every stay.
On departure, the Tenant agrees to leave the property in the same state of cleanliness as he or she found it on arrival. All fixtures, fittings and furniture on the inventory must be left in the same place in which the tenant found them on arrival. Compensation is due for any loss, damage or bad state of cleanliness.
Any differences or discrepancies with the original inventory must be reported to the Owner or its representative no later than 10.00 a.m. the day following arrival.
Article 8 : CANCELLATION-EARLY DEPARTURE
All cancellations must be notified by registered letter, fax message or electronic mail (confirmed by post). The Tenant may propose, under his own responsibility, to assign the rental to another party who accepts same terms and conditions. In that case, the down-payment will be considered paid by the new third party. The Tenant may also propose to the Owner to substitute another person to enjoy of the premises, remaining however personally responsible of all terms and conditions of the contract. Formal acceptance by the Owner of such substitution is required.
In all other cases the 25% deposit will remain the property of the Owner. Such indemnity will be increased :
- to 50% of rental price if cancellation occurs between 29 and 15 days of expected arrival.
- to 75% of rental price if cancellation occurs between 14 and 8 days of expected arrival.
- to 100% of rental price if cancellation occurs less than 8 days of expected arrival, or if the alleged Tenant does not show up.
In cases where the Owner cancels the rental agreement himself, he will repay to the Tenant an indemnity equal to :
- 50% of rental price if cancellation occurs between 29 and 15 days of expected arrival.
- 75% of rental price if cancellation occurs between 14 and 8 days of expected arrival.
- 90% of rental price if cancellation occurs less than 8 days of expected arrival.
No indemnity is due in case of 'acts of god' that would render the property uninhabitable.
If the Tenant does not show up within 24 hours of the agreed date of arrival, :
- the rental contract is automatically void,
- the down payment is kept by the Owner who may also claim payment of the balance due,
- the Owner may freely dispose of his property.
No reimbursement will be made, in case of early departure of the Tenant, for whatever reason.
Article 9 : PAYMENT OF MISCELLANEOUS COSTS
At the end of the stay, the Tenant must pay off all costs not included in the basic rental price. The amount of such extra costs, justified by the Owner who will deliver a detailed statement, according to contractual calculation details.
Article 10 : LATE PAYMENT
Any amount due which remains unpaid within 10 days of its deadline will legally carry a 1% monthly interest; every month begun being due for the entire month.
Article 11 : LIABILITY - INSURANCE
The Tenant commits himself to occupy the place in a peaceful and orderly way. He assumes responsibility for the rented premises, the equipment and the land placed at his disposal. He must repay to the Owner all costs/expenses caused by his party, and will inform the Owner of possible damages. Upon taking possession of the rented premises, the Tenant legally commits himself to leave the property in the same state as he or she found it on arrival, even in case of fire (art.1732, 1733 and 1735 of the Commercial Code).
The Owner took out an insurance policy with a major insurance company covering fire, lightning, explosion, plane crash, storm and hail, glass breakage, liability and property damage. The Owner will insure the property and its contents, as listed on the Inventory, and make a copy of the insurance policy available to the Tenant upon request. The Landlord will not provide insurance cover for any of the Tenant’s property or possessions. Insurance policies taken out by the Owner do not clear the Tenant’s own legal responsibilities.
Article 12 : MAINTENANCE AND REPAIRS
The Owner may do any urgent necessary repairs during the tenant’s stay. In that case the Tenant cannot claim any indemnity or price reduction.
The tenant must inform the Owner of any urgent necessary repairs, if not, he may have to assume the cost of such repairs.
Article 13 : SOLIDARITY
All Tenant’s heirs or rights holders remain jointly liable in any respect whatsoever.
Article 14 : RESPECT OF NEIGBOURHOOD AND ENVIRONMENT
The tenant will occupy the premises in a peaceful and orderly way, will not disturb the neighbours, and with respect for the environment : flora, fauna and miscellaneous equipment.
Article 15 : DISPUTES
All claims should be sent in writing to the Owner by registered letter within 8 days after departure date, together with relevant documents.
If no friendly agreement can be reached, then only the local court of justice will have jurisdiction.