Article 1 – Definitions and presentation of the General terms
The SAS ALLM is a simplified joint stock company with a capital of 10,000 euros, duly registered with the Cannes trade registry under the SIREN number 800 833 253 and having its registered office at 4, Impasse du Colonel Tajasque, 06400 Cannes. The trade name is Riviera Collections.
The lessor of the premises proposing a residence (or set of residences), hereinafter a “residence”:
Any rental contract (hereinafter the “contract”) or other written agreement between the lessor and a tenant prevails in case of contradiction with the clauses of these rental general terms. By default, the clauses of the general terms serve to address any points not covered in other specific written agreements.
Article 2 – Check-in/out checklist
The owner declares that the premises offered for rent correspond with the characteristics of the residence as defined by decree n° 2002-120 of 30 January 2002.
A check-in/out checklist is a document that gives a detailed description, room by room, of the condition of the residence and its equipment. It serves to identify any damage to the rented premises during the period of the rental. In case of damage, the owner can compare the check-in/out checklists in order to seek compensation for any deterioration caused by the tenant.
Under article 1730 of the Civil Code, the tenant must surrender the residence as it was received, according to the check-in/out checklist, except for normal wear and tear or in case of force majeure.
The check-in/out checklists are jointly prepared by the parties, meaning that both the lessor and the tenant must be present or represented for the preparation thereof, in order to agree on their contents before signing them. The check-in/out checklist must be drafted in two written copies, signed by the lessor and the tenant.
Without a check-in/out checklist, article 1731 of the Civil Code states that the tenant is presumed to have received the residence in good condition and must surrender them as such, in the absence of contrary evidence (e.g. using photographs of the residence). It is therefore presumed that the tenant receives and surrenders the residence in perfect condition.
Article 3 – Obligations of the owner
The owner must provide the tenant with a clean residence in good general condition, that conforms with the description thereof. Throughout the rental contract, s/he must perform all repairs that may prove to be necessary, pursuant to article 1720 of the Civil Code. This does not include any tenant’s repairs as listed by the decree of 26 August 1987.
The owner is required to keep the residence in a condition suitable for the usage for which it was rented.
The owner must ensure the peaceable enjoyment of the residence.
The owner must guarantee the tenant with regard to flaws or defects of the residence that would prevent its use, even if the owner had been unaware of them at the time of the signing of the rental contract.
If the tenant suffers a loss as a result of these flaws or defects, the owner is required to provide compensation under article 1721 of the Civil Code.
Article 4 – Obligations of the tenant
Start, end and duration of the rental:
Unless indicated otherwise in the contract, possession of the premises begins at 2 PM on the first day of the rental, and ends at 11 AM on the last day of the rental. If the tenant decides to leave the residence early, no partial reimbursement is automatically owed by the lessor.
The tenant can under no circumstances claim any right to remain in the premises at the end of the term indicated in the rental contract.
In certain cases, early arrival in the premises or a late departure can be accepted. This is nevertheless on a case-by-case basis and can be the subject of additional charges.
The proposed premises are correctly equipped to accommodate and receive the maximum number of persons indicated in the description of the residence or in the rental contract. Unless formally authorised in advance by the lessor, the tenant undertakes to comply with these occupancy limits in order to ensure the safety of everyone and good condition of the premises. If the number of people exceeds the capacity of the residence, the owner is entitled to refuse additional people or to demand payment of an additional sum.
This refusal can in no way be considered as a modification or breach of the contract on the part of the owner, such that no reimbursement can be demanded in case of the tenant’s departure.
Unless specified otherwise in the contract, only certain pets, notably dogs and cats, are accepted within the accommodations, under the conditions indicated below. Tenants with pets are liable for any damage that their pet may cause to the accommodations.
Should the owner refuse to allow certain animals into the accommodations, this refusal can in no way be considered as a modification or breach of the contract on the part of the owner, such that no reimbursement can be demanded in case of the tenant’s departure.
Respect for the premises:
The tenant is required to use the residence with due care and to make peaceful use thereof without disturbing the neighbours. S/he must use the residence according to the purpose indicated in the rental contract.
The tenant is required to personally maintain the residence and, upon departure, to surrender it in a good state of cleanliness. In case of non-compliance with this obligation, the lessor is entitled to demand a lump sum from the tenant in order to cover the cost to clean the residence.
The seasonal rental is granted solely for residential purposes. Any professional or commercial activity therein is therefore prohibited. The tenant is required to personally occupy the premises. The rental contract cannot be sublet or assigned. The tenant must obtain suitable insurance to cover all tenant risks.
On the date agreed in the rental contract, the tenant is required to pay all sums due, notably the rent, security deposit and, if applicable, any expenses and visitor’s tax.
If Internet access is used by the tenant within the rented residence, the owner cannot be held responsible for any improper usage of this access; the user of this connection will be considered liable for any usage thereof that is considered to be illegal or contrary to morality, notably the downloading of illegal works or files, massive sending of e-mail messages (spamming) and any attempt to hack any computer or network.
Article 5 – Urgent repairs
Should the residence require urgent repairs that cannot wait until the end of the rental contract, the tenant cannot refuse or oppose them, even if these repairs cause a nuisance or inconvenience, and even if the tenant is temporarily deprived of access to part of the residence.
However, if these repairs require more than 21 days, the rental price must be decreased in proportion with the time and part of the residence that the tenant is unable to access. In compliance with article 1724 of the Civil Code, the tenant can obtain termination of the rental contract if the repairs render the residence uninhabitable.
Article 6 – Payment and Cancellation
6.1 – Payment terms
At the latest on the date indicated in the contract, the tenant is required to pay 50% of the total rental amount including expenses; this amount is non-refundable. The 50% balance is to be paid at the latest on the date indicated in this same contract.
The tenant will only receive the keys and take possession of the premises once the full amount has been paid, including expenses.
6.2 – Means of payment
The SAS ALLM accepts payments by bank card of the types Visa, MasterCard and American Express, by national or international bank transfer, and in cash. Cheques are not accepted.
In the event of a bank transfer, the lessor is entitled to request proof, i.e. a copy of the transfer order for the funds issued by the tenant’s bank.
6.3 Cancellation conditions
In case of cancellation by the tenant:
More than one month before the start of the rental, the 50% advance payment collected at the time of the reservation will not be refundable;
Less than one month before the start of the rental, the tenant will be required to pay the entire rental amount.
In the event of cancellation due to force majeure, the tenant can be exempted from having to pay all or part of the rental price. In this case, the tenant informs the agency of the nature of this force majeure and provides all necessary proof. Nevertheless, 25% of the total rental amount – corresponding with the agency’s commission – will not be refunded. The owner undertakes not to claim any compensation from the tenant if the agency confirms that the cancellation is indeed due to a force majeure situation.
Article 7 – Security deposit
Upon arrival and handover of the keys, the lessor is entitled to have the tenant pay a surety or security deposit as anticipated in the contract in order to cover damages that could occur within the residence or to its furnishings, or even if necessary in order to deduct from it any accommodation charges not included in the rent if this is anticipated in the contract. Any lost, broken, deteriorated or damaged object must be reimbursed to the owner at its replacement value by the tenant, who undertakes to do so.
This security deposit, non-interest bearing, can under no circumstances be considered as payment of part of the rent; it will be reimbursed after return of the keys and after deduction, if relevant, of any repairs, accommodation charges or telephone calls at the time of the tenant’s departure or at the latest within 2 weeks after this departure. The lessor must then provide the tenant with proof of the sums deducted from the security deposit.
The return of the keys to the lesser at the end of the rental does not mean that the lessor waives compensation for tenant’s repairs, if s/he can prove that the damage is attributable to the tenant.
If the amount of the damage is greater than the amount of the security deposit, the tenant undertakes to pay any surplus. Furnishings will be assessed on the basis of their replacement value, according to receipts.
Article 8 – Insurance
The lessor can require the tenant to obtain insurance from an established insurance company, against risks of theft, fire and water damage, both for any rental risks and for the furnishings provided as part of the rental, as well as for any recourse of neighbours, and can demand proof if so requested by the owner.
The lessor declines all liability in case of theft or loss during the term of the rental. In case of theft, the tenant must without fail so inform the lessor. In the absence of break-in, the tenant will be liable for any objects stolen and all damage. S/he will be required to provide reimbursement on the basis of the replacement values. If the tenant has obtained insurance, s/he must then contact the insurer in order to start the claim and coverage procedure.
The owner declines all liability for the recourse that his/her insurance company could seek from the tenant in case of a claim.
Article 9 – Pool and safety
The lessor is required to provide an EU-accredited safety certificate for the pool alarm. The tenant is nevertheless responsible for his/her children and must provide supervision during any swimming. Access to the pool is reserved exclusively for the tenant, with the lessor not being responsible for the tenant nor for any other third persons such as guests, intruders, etc.
If the residence is equipped with an alarm system, the tenant must check and activate it at least once each day.
In case of loss of keys, gate remote control, or alarm remote control, the amount invoiced by the supplier plus €50 for service fees will be deducted from the surety.
Smokers must comply with the instructions of the owners. In case of a smoking ban, tenants must smoke outside.
Article 10 – Other comments
For the performance hereof, the parties elect domicile at their respective addresses indicated in the contract. In case of dispute, the competent court will be the one with jurisdiction over the location of the rented premises.
Should any provision of these general terms be found to be illegal, null and void or inapplicable for any reason, then this provision will be considered as separable from the terms and will not affect the validity and applicability of the remaining provisions.
All rights reserved – 15 December 2016