General terms and conditions of seasonal rental
Article 1 – Definitions and presentation of the General Conditions
Is hereinafter referred to as the “lessor” or “owner”: Sci giorgi Route d agliani lieu dit Pastoreccia0612100967 the owner of the premises offering accommodation (or a group of accommodation) located at Route d agliani lieu dit Pastoreccia 20600 Bastia, hereinafter referred to as “accommodation”: Any rental contract (hereinafter referred to as “contract”) or other written agreement between the lessor and a tenant prevails in case of contradiction with the clauses of these general conditions of rental. The clauses of the general terms and conditions, by default, allow to address the points not settled by other specific written agreements.
Article 2 – Condition of the premises
The owner declares that the premises offered for rent correspond to the characteristics of decent housing as defined by the decree n° 2002-120 of January 30, 2002.an inventory of fixtures is a document which describes in detail the state of the housing and its equipment, room by room. It makes it possible to determine whether the rented premises have suffered any damage during the rental period. In case of damage, the owner can compare the inventory of fixtures at the beginning and the inventory of fixtures at the end of the rental period to ask for repair of the deteriorations caused by the tenant. According to article 1730 of the Civil Code, the tenant must return the accommodation as he received it, according to the inventory of fixtures, except for what has perished or has been damaged by obsolescence or force majeure. An inventory of fixtures of entry and exit are established contradictorily between the parts, i.e. at the same time the financial backer and the tenant must be present or represented, and establish together the inventory of fixtures, by agreeing on its contents before signing it. The inventory of fixtures must be established in writing in two copies, signed by the owner (or his representative) and by the tenant. In the absence of an inventory of fixtures, article 1731 of the Civil Code indicates that the tenant is presumed to have received the dwelling in a good state of repair, and must return it as such, unless proven otherwise (for example by photographs of the dwelling). The tenant is thus supposed to take and to have to return the dwelling in perfect condition.
Article 3 – Obligations of the owner
The owner is obliged to deliver to the tenant a clean dwelling and in good general condition, in conformity with the descriptive state of the dwelling. He must make, during the whole duration of the rental contract, all repairs that may become necessary, according to article 1720 of the Civil Code. This does not include rental repairs, as listed in the decree of August 26, 1987. The landlord is obliged to maintain the dwelling in a state of service according to the use for which it was rented. The landlord is obliged to ensure the peaceful enjoyment of the dwelling. The landlord is obliged to guarantee the tenant against defects in the accommodation that prevent its use, even if the landlord did not know about them at the time of signing the rental agreement. If the tenant suffers a loss as a result of these defects, the landlord is obliged to compensate the tenant, as stipulated in Article 1721 of the Civil Code.
Article 4 – Obligations of the tenant
Arrival and duration of the rental: Unless otherwise stated in the contract, the entry in the premises will be made from 16H00 on the first day of rental, and the exit before 10H00 on the last day of rental. If the tenant decides to leave the accommodation early, no partial refund is automatically due by the owner. The tenant will not be able under any circumstances to prevail himself of any right to the maintenance in the places at the end of the stay envisaged in the rental agreement.
Capacity : The proposed places are correctly equipped for the accommodation on the one hand and the reception on the other hand of a maximum number of people specified in the description of the accommodation or in the rental agreement. Unless expressly authorized by the owner, the tenant agrees to respect these limits of reception and accommodation for the safety of all and the good maintenance of the premises. If the number of persons exceeds the capacity of the accommodation, the owner is entitled to refuse the additional persons or to ask for the payment of an additional sum. This refusal can in no way be considered as a modification or a breach of contract at the initiative of the owner, so that in case of departure, no refund can be considered.
Pets : Unless otherwise specified in the contract, pets are not accepted in the accommodation, and the stay of these pets will be refused by the owner. In case of refusal of the owner to welcome certain pets on the premises of the accommodation, this refusal can in no case be considered as a modification or a breach of contract at the initiative of the owner, so that in case of departure of the tenant, no refund can be considered.
Respect of the premises: The tenant is required to use the accommodation as a good father of the family and to use the premises peacefully, without creating any disturbance to the neighborhood. He must use the accommodation in accordance with the destination which is envisaged in the rental agreement. The tenant is required to maintain the accommodation himself and to return it, at the time of his departure, in a good state of cleanliness. In case of non-compliance with this obligation, the owner is entitled to claim from the tenant a lump sum to cover the costs of cleaning the accommodation, which amounts to €50.
The seasonal rental is granted only for the exclusive use of housing. It is therefore forbidden to carry out any professional or commercial activity. The tenant is required to occupy the premises personally. He cannot sublet or transfer the rental contract. The tenant must verify that his responsibility is covered by an insurance covering the rental risks. The tenant is obliged to pay all sums due, in particular the rent, the security deposit and, if applicable, the charges and the tourist tax on the date agreed in the rental contract.
Article 5 – Urgent repairs
If the accommodation is in need of urgent repairs that cannot be postponed until the end of the rental agreement, the tenant cannot refuse them, even if these repairs cause inconvenience and even if the tenant is deprived of part of the accommodation for a certain period of time. However, if the repairs last for more than 21 days, the rental price must be reduced in proportion to the time and part of the dwelling that the tenant is deprived of. The tenant may terminate the rental agreement in the event that the repairs render the accommodation uninhabitable, in accordance with Article 1724 of the Civil Code.
Article 6 – Cancellation or no-show, deposit and advance payment
Before the effective date of the contract: The owner and the tenant shall not be bound by any commitment stipulated in the rental agreement or in these general conditions if, by the date specified on the contract, the owner has not returned the signed and approved contract and the requested deposit, or if the owner does not confirm the reservation. If the owner does not follow up on the reservation request, the deposit does not have to be kept by the owner and has to be returned to the tenant as soon as possible.
After the effective date of the contract: The amount initially paid by the owner to the tenant qualifies as a deposit; therefore, both the owner and the tenant have the option of withdrawing. According to article 1590 of the Civil Code, if the tenant withdraws, he loses the deposit paid. If the owner withdraws, he must reimburse the tenant twice the deposit. The amount initially paid as a deposit will be considered as a deposit from 15 days before the first day of the rental, and the tenant will be considered committed and will not be able to withdraw simply by losing the amount paid. Deposits imply that the commitment made in the contract is considered definitive. If the tenant cancels the rental or does not show up on the date stipulated in the contract, the owner is entitled to claim 50% of the rent stipulated in the contract from the tenant if he/she is unable to find a new tenant for the period in question. In case of cancellation of the rental contract by the owner after payment of a deposit, the tenant can claim compensation from the owner for the damage suffered.
Article 7 – Deposit
At the time of his arrival and the handing-over of the keys, the owner is entitled to require of the tenant the payment of a guarantee, or deposit, envisaged by the contract to answer for the damage which could be caused with the housing and the movable objects which furnish it, or if necessary to deduct from it the rental charges not included in the rent if that is envisaged by the contract. Any lost, broken, deteriorated or damaged object will have to be replaced or refunded to the owner at its replacement value by the tenant who is obliged to do so. This security deposit, which is not interest bearing, may in no case be considered as payment of part of the rent, and will be reimbursed after the keys have been returned and after deduction, if applicable, of repairs or rental charges, upon the departure of the Tenant or at the latest within 3 months of this departure. The owner must then provide the tenant with proof of the amounts withheld from the security deposit. The return of the keys to the owner, at the end of the rental period, does not imply the owner’s renunciation of compensation for rental repairs, if he proves that the damage was caused by the tenant.
Article 8 – Insurance
The owner can require of the tenant that this last one is insured with a notorious insurance company against the risks of flight, fire and water damage, as well for its rental risks as for the furniture given in hiring, as well as for the recourse of the neighbors, and to justify it with the first requisition of the owner. The owner declines any responsibility for the recourse that his insurance company could exert against the tenant in the event of disaster.
Article 9 – Other remarks
For the execution of the present contract, the parties elect domicile at their respective addresses indicated in the contract. In case of dispute, the competent court will be that of the location of the rented premises. If any provision of these terms and conditions is held to be illegal, invalid or for any other reason unenforceable, then that provision shall be deemed severable from the terms and conditions and shall not affect the validity and enforceability of the remaining provisions.