General Terms and Conditions of Sale
LE CHANT DES PINS - Lodges & Spas / Villa
FAMILY UTOPIA
SIRET : 94998108800014
570 chemin de Repentance à la forêt
13100 Saint Marc Jaumegarde
GENERAL RENTAL CONDITIONS
It has been agreed between the parties that the Lessor rents to the Lessee the accommodations as described on the booking site "lechantdespins.com" under the following conditions:
GENERAL PROVISIONS
This rental does not concern premises rented for main residential use or mixed professional and main residential use.
Consequently, the parties agree that their respective rights and obligations will be governed by the provisions of this contract, by the decree of December 28, 1976, as amended, and in the absence thereof, by the provisions of the Civil Code. Only French law is applicable to the contract.
The premises are rented furnished for seasonal use.
The tenant cannot, under any circumstances, claim any right to remain in the premises at the end of the initially agreed rental period on this contract, unless agreed upon by the owner.
If the tenant refuses to vacate the premises, an order from the Aix-en-Provence District Court will be sufficient to compel them. The owner undertakes not to disclose to any third party any information of any kind, on any medium, that the tenant may have provided in the execution of this contract.
However, these provisions do not apply to requests for information made by administrations and/or Courts.
PAYMENT
The reservation will become effective once the tenant has subscribed to the payment conditions specified on the booking site "lechantdespins.com". Payment is processed as follows:
• 50% at the reservation
• 50% of the total 14 days before arrival
• Abritel / VRBO: 100% of the total is charged at the time of booking
The rent includes:
- Water and electricity consumption
- Supply of household linen (sheets, towels, kitchen towels)
- A final cleaning package is included in the rental price for lodges and villa rental prices.
Tourist taxes are to be paid separately.
ARRIVAL
- Villa :The tenant must appear on the day and at the time specified in this contract. Arrival times are normally scheduled between 5:00 PM and 7:00 PM. Departure times are scheduled before 11:00 AM. In case of late arrival (beyond 7:30 PM), it is essential to notify; otherwise, the rental will be considered canceled. The tenant agrees that the inventory can be carried out either by the owner or by an authorized representative of the owner with a written power of attorney.
- Lodges :The tenant must appear on the day and at the time specified in this contract. Arrival times are normally scheduled between 4:00 PM and 7:00 PM. Departure times are scheduled before 11:00 AM. In case of late arrival (beyond 7:30 PM), it is essential to notify; otherwise, the rental will be considered canceled. The tenant agrees that the inventory can be carried out either by the owner or by an authorized representative of the owner with a written power of attorney.
SECURITY DEPOSIT (OR SECURITY) - for the Villa only
At the latest upon entering the premises, the Lessee will hand over to the Lessor – or his representative – a security deposit intended to cover damages and/or deterioration of furniture, objects, or housing.
This guarantee also covers losses of objects (e.g., keys), thefts, or material damages. The security deposit will be returned to the Lessee within a maximum of one week after his departure, after deducting, if necessary, the amounts covering damages and/or deterioration caused by the Lessee, as well as losses of keys or objects.
The security deposit is set at 2000 Euros .
The deposit is a pre-payment by credit card upon booking. It may be constituted by the delivery of cash or a deposit cheque signed to the order of the Lessor in case of specific agreement. The Lessor will return the funds deposited, subject to an inventory and a state of the premises in conformity, when returning the keys.
The amount of these deductions must be duly justified by the owner based on the state of the exit inventory, a bailiff's report, quotes, invoices, etc.
If the security deposit proves to be insufficient, the tenant undertakes to complete the amount based on the justifications provided by the owner.
This present guarantee cannot in any case be considered as a participation in the payment of rent.
ASSIGNMENT AND SUBLEASE
This lease agreement is concluded intuitu personae for the sole benefit of the Lessee identified at the beginning of the contract. Any assignment of this lease, any total or partial sublease, any provision - even free - is strictly prohibited. The Lessee may not leave the premises, even for free and/or by loan, to a person not party to this contract.
INVENTORY AND INVENTORIES
An inventory and a list of the furniture made available to the Lessee are given to the Lessee when entering the accommodation. If the inventory and the list are not established and signed by the Lessor or his representative and the Lessee simultaneously (contradictory inventory and inventories), the inventory and the list made by the Lessor alone and given to the Lessee when entering the accommodation will be contestable by the Lessee within 24 hours following entry into the accommodation. In the absence of objection by the Lessee within this 24-hour period, the inventory and the list made by the Lessor and communicated to the Lessee upon entry into the premises will be deemed accepted without reservation by the Lessee. In the absence of an inventory and/or inventory at the end of the rental or if the Lessee establishes the inventory and/or inventory alone at the end of the rental, the absence of objection by the Lessor within 48 hours following the end of the rental will be deemed restitution of the premises in good condition and/or complete inventory.
If the owner notices damages, he must inform the tenant within eight days.
LANDLORD'S DECLARATION
The Lessor declares to be the owner of the accommodation and to have free disposal and full enjoyment during the period defined in the contract.
The Lessor may justify this, at the request of the Lessee, by producing an electricity bill, water bill, a Property Tax notice, or any other official document.
LESSEE'S OBLIGATIONS
A- The Lessee undertakes to pay the agreed price within the specified deadlines.
B - The Lessee will peacefully use the rented accommodation and the furniture and equipment according to the destination given to them by the contract and will be responsible for damages and losses that may occur during the contract's duration in the premises he has exclusive use of.
C - The Lessee must return the accommodation in a reasonably clean condition at the end of the contract. If this is not the case, additional cleaning services will be charged at the cost of the cleaning hour (€25/hour) and based on the time spent. This pricing will be deducted from the security deposit.
D - The Lessee must avoid any noise that may disturb the neighborhood, as well as any noise nuisance in the evening beyond a reasonable hour (10 PM) - especially outside the accommodations.
E - Smoking is prohibited inside the premises, on the terraces, and in the garden. It is strictly forbidden to throw matches or cigarette butts on the ground.
F - It is prohibited by departmental decree to light a wood or charcoal barbecue outside or on the grounds of all properties.
G - The Lessee may not make any claims against the Lessor in case of theft and vandalism in the rented premises.
H - The Lessee will respect the maximum of 2 persons allowed to enter the premises. In case of non-compliance with the number of tenants, or substantial difference with the composition of the tenant group as announced at the conclusion of this lease, the Lessor reserves the right to terminate the contract automatically and with immediate effect.
I - The Lessee may not object to the inspection of the premises if the Lessor or his representative requests it.
J - The Lessee will return the rented accommodation in good condition at the end of the contract. If objects listed in the inventory are broken or damaged, he will inform the Lessor, who may claim their replacement value.
Special Note regarding the Lodges and their tenants:
Each lodge has its dedicated private hot tub for the exclusive use of its tenants. It is forbidden to add scent or any other products to the hot tub, as the installations are treated with the utmost precision to maintain good quality. It is essential to shower before use and ensure clean feet before immersion. Do not use the hot tub under the influence of alcohol or drugs. This could lead to a variation in blood pressure, fainting, dizziness, or drowsiness. People with heart problems, diabetes, high or low blood pressure, as well as pregnant women, should not use the hot tub without obtaining prior medical advice. Individuals with open wounds cannot use the hot tub until these wounds are completely healed. Please remove bandages, any type of patch (nicotine, etc.). It is essential not to disturb the neighborhood with dignified and discreet behavior and to respect the usage time limits between 9:00 in the morning and 10:00 in the evening.
CANCELLATION / WITHDRAWAL
a) Cancellation / Refund Conditions – Lodges:
- Any cancellation made more than 48 hours before the start of the stay will result in a full refund of the deposit.
- Any cancellation made 48 hours or less before the start of the stay will result in no refund of the deposit.
b) Cancellation / Refund Conditions – Villa:
- Any cancellation made more than 4 weeks before the start of the stay will result in a full refund of the deposit.
- Any cancellation made between 4 weeks and more than 15 days before the start of the stay will result in a 50% refund of the deposit.
- Any cancellation made 14 days or less before the start of the stay will result in no refund of the deposit.
TERMINATION CONDITIONS
a) Termination at the Initiative of the Villa Renter:
Before taking possession of the property
When termination on the platform occurs:
More than 4 weeks before taking possession, the owner shall refund the full amount of deposits paid by the renter within 8 days of the termination.
Between 4 weeks and 15 days before taking possession, the owner shall refund 50% of the deposits paid by the renter within 8 days of the termination.
Less than 14 days before taking possession, the owner shall retain the full amount of the deposit paid by the renter.
When, before taking possession and regardless of the timing, the termination by the renter is due to a duly justified case of force majeure, the owner shall refund the full amount of the deposit paid within 30 days of the termination.
After entering the premises
Upon the tenant's arrival, if he refuses his accommodation or the setting is not suitable, he will have to, at his own expense, find overnight accommodation in a bed and breakfast or hotel. No compensation can be claimed.
b) Termination at the owner's initiative:
Before entering the premises
The owner reserves the right to cancel your stay in the event that the expected weather conditions (heavy rain, storms, violent winds, storms, etc.) or force majeure would not allow access to the accommodations safely. If this were the case, we would postpone your stay to a later date according to the lodge's availability, and on dates corresponding to tariff conditions equivalent to the initial reservation. No compensation can be claimed.
In the event of termination of this contract by the owner before entering the premises, for any reason other than force majeure (mentioned above), he will reimburse the tenant the amount of the deposit received. This refund will be made within 8 days from the notification of termination.
After entering the premises
The owner reserves the right to cancel the stay in the event of unforeseen weather conditions (heavy rain, thunderstorm, violent wind, storm, etc.) that would not allow access to the accommodations safely.
If this were the case, the owner would propose a rescheduling of the stay at a later date according to availability and on dates corresponding to tariff conditions equivalent to the initial reservation. No compensation can be claimed. If the tenant does not want a rescheduling, he will be reimbursed for all sums paid within 8 days.
The owner reserves the right to refuse accommodations to a tenant who is under the influence of alcohol, drugs, narcotics, or medications that could impair his vigilance and behavior. In this case, the tenant's contract will be terminated without any recourse or refund.
When the termination of the contract by the owner occurs during the rental period, it must be duly justified (failure to pay, check without sufficient funds issued by the tenant, deterioration of the rented premises, complaints from neighbors, proven and abusive consumption of alcohol or narcotics, etc.).
The owner reserves the right to retain the amount of the security deposit under the conditions specified in the "Security Deposit" paragraph.
Regardless of the cause of termination, the entire rent amount remains payable to the owner.
INTERRUPTION OF THE STAY
In the event of an early termination of the stay by the tenant, and if the responsibility of the owner is not questioned, no refund will be made, except for the security deposit. If the tenant justifies serious reasons presenting the characteristics of force majeure (unforeseeable, irresistible, and external event to the tenant) making it impossible to carry out the rental, another date will be proposed to him in proportion to what he has already consumed, and on dates corresponding to tariff conditions equivalent to the initial reservation.
MODIFICATION OF RESERVATION
Lodges : Any modification requested more than 48 hours before the start of the stay may be accommodated subject to availability.
Villa : Any modification requested more than 30 days before the original date may be accommodated subject to availability.
PARKING
Parking spaces are provided and made available within the property. You will be responsible for transporting your luggage to your accommodation.
RESPONSIBILITY
The owner is not responsible for the loss or theft of tenants' personal belongings, whether left in the garden, accommodation, or the tenant's vehicle.
The owner is not responsible for damage or theft of vehicles left on the premises.
INSURANCE
The Tenant agrees to ensure that they have comprehensive home insurance to protect against rental risks (water damage, fire, etc.) that may occur during the rental. A certificate or copy of the insurance policy may be requested by the Landlord from the Tenant when settling the balance of the rental price, no later than 1 month before the entry date.
AUTOMATIC TERMINATION
In the event of a breach by the Tenant of any contractual obligations, this lease will be automatically terminated. This termination will take effect after a period of 48 hours following a simple notice by email with acknowledgment of receipt.
CHOICE OF DOMICILE
For the execution of this agreement, the Landlord and the Tenant elect domicile at their respective residences. However, in case of a dispute, the court of the Landlord's domicile will be solely competent. This contract and its consequences are subject to French law.