General terms and conditions

1. DEFINITIONS

For the purposes hereof, capitalized terms shall have the meanings hereinafter:

Lease	shall have the meaning given to it in the heading hereof, and shall include the Special Conditions as well as the General Conditions.
Lessor	shall have the meaning given to it in the heading hereof.
Special Conditions	means the special conditions to which these General Conditions are attached.
General Terms and Conditions	means these terms and conditions.
Consumer	means the consumer within the meaning of the introductory article of the Consumer Code, i.e. a natural person who acts for purposes that do not fall within the scope of his or her commercial, industrial, craft, liberal or agricultural activity.
Effective Date	means the date stipulated in the Special Conditions.
Duration	has the meaning given to it in the Special Conditions.
Renter	shall have the meaning given to it in the heading hereof.
Accommodation	means the furnished accommodation granted to the Tenant for seasonal rental, as designated in the Special Conditions.
Part(s)	means individually the Lessor or the Lessee, or collectively both parties to the Lease.

2. PURPOSE

The purpose of the Lease is to determine the terms and conditions under which the Tenant rents the Dwelling to the Landlord, in particular in consideration of the rental price referred to in Article 3 of the Special Conditions.

The Lease is subject to the provisions of Articles 1713 et seq. of the Civil Code. Law No. 89-462 of July 6, 1989 to improve rental relations and amending Law No. 86-1290 of December 23, 1986 does not apply to this Lease.

The Lease is composed of the Special Conditions and these General Conditions. In case of contradiction between the General Conditions and the Special Conditions, the Special Conditions shall prevail.

3. DESIGNATION OF THE ACCOMMODATION

3.1 Description of the accommodation

The Accommodation is described in the Special Conditions.

3.2 Equipment

The Accommodation is furnished. The details of the furniture and equipment of the Accommodation are listed in the inventory attached in Appendix 1 hereof.

3.3 Condition of the premises

The Parties shall jointly carry out an inventory of fixtures of the Accommodation on the Tenant’s entry and on the Tenant’s departure.

The signature of the inventory of fixtures at the entrance and the inventory of fixtures at the exit shall constitute a firm and final acceptance of the observations made during these inventories, and no claim may be made by either of the Parties concerning the mentions or omissions of said inventory of fixtures.

The inventory of fixtures at the end of the rental period shall include, in particular, any observations of work and repairs to be made, which the Tenant undertakes to bear. In this respect, the Landlord reserves the right to deduct the corresponding amounts from the security deposit.

3.5 Security deposit

The Tenant grants the Landlord, at the latest at the time of his entry into the Housing Unit, a pre-authorization to withdraw from his bank account the amount of the security deposit as mentioned in Article 3 of the Special Conditions. The amount of the security deposit is not deducted on this occasion.

However, the Landlord reserves the right to deduct from the security deposit the amount corresponding to the Tenant’s failure to fulfill his obligations under the Lease, in particular the amount corresponding to any unpaid fees provided for herein (rental price, tourist taxes, etc.) as well as the fees related to damage, rental work or complete cleaning of the Accommodation.

4. RESERVATION CONDITIONS

The Tenant may reserve the Accommodation for his or her stay: at one of the Landlord’s agencies, by telephone or by e-mail to the Landlord’s contact information indicated in Article 7 of the Special Conditions.

At the time of reservation, the Tenant shall pay the Landlord a deposit of 40% of the rental price, as specified in Article 3 of the Special Conditions. The validation of the reservation is expressly subject to the payment of this deposit.

The Tenant shall pay to the Landlord a second deposit corresponding to 60% of the rental price (i.e. the balance of the rental price) 30 days prior to his entry into the Accommodation.

5. CANCELLATION CONDITIONS AND FEES

Any request for modification or cancellation of the reservation as made in accordance with the provisions of Article 4 of the General Conditions, must be requested by the Tenant, in writing (preferably by e-mail) according to the contact details of the Landlord indicated in Article 7 of the Special Conditions.

The cancellation conditions apply to the local time of the Accommodation, according to its geographical location.

The reservation deposit as described in Article 4 of the General Conditions is not refundable in case of cancellation. In addition, in the event of a cancellation request received by the Landlord less than forty-five (45) days prior to the Tenant’s entry into the Accommodation, the total amount of the reservation (i.e., the rental price set forth in Article 3 of the Special Conditions) shall be forfeited to the Landlord or shall remain due to the Landlord by the Tenant, who is expressly obligated to pay it.

In the event of the Tenant’s failure to show up on the day scheduled for his or her entry into the Dwelling, the entire amount of the reservation (i.e., the rental price appearing in Article 3 of the Special Conditions) shall be forfeited to the Landlord or shall remain due to him or her by the Tenant, who expressly agrees to do so.

In addition, the Tenant shall owe the Landlord a lump sum of one hundred (100) euros in the following cases (i) in case of cancellation of the reservation, and (ii) in case of modification of the reservation.

6. CONDITIONS OF LEASE

The rental granted under this Lease is made subject to the following conditions which the Tenant undertakes to perform and fulfill, namely :

Furthermore, the Tenant is informed that the Landlord’s staff speaks the following languages: English – Arabic – French.

7. DURATION – ENTRY INTO FORCE

This Lease shall come into force on the Effective Date and shall remain in force for the Term mentioned in the Special Conditions, unless the Lease is terminated in advance in accordance with Article 8.

8. TERMINATION

In the event of breach by either Party of any of its obligations under this Lease, the Lease may be terminated seven (7) days after formal notice sent by registered letter with acknowledgment of receipt by the Party concerned, stating the latter’s intention to avail itself of the benefit of this clause.

In accordance with the provisions of Article 1224 and 1225 of the Civil Code, the following breaches shall be considered as breaches that may result in termination of the Lease: failure to comply with the reservation conditions (Article 4), failure to pay the modification fee (Article 5), failure to comply with the rental conditions (Article 6), failure to pay the rental price and any other sum due to the Lessor in accordance with this clause, and, more generally, any serious breach of the performance of the Lease.

9. FINANCIAL CONDITIONS

9.1 Rental Price

In consideration of the rental of the Dwelling granted by the Landlord under the terms of the Lease, the Tenant agrees to pay the rental price referred to in Article 3 of the Special Conditions, in addition to all applicable taxes and charges.

The Tenant is reminded that the price of the reservation does not include products and services ordered on the spot or expressly mentioned by the Landlord as being subject to additional billing (in particular the additional services referred to in Article 6 of the Special Conditions, which are expressly excluded from the rental price).

9.2 Terms of payment

The balance of the rental price (i.e. 60% according to the terms of article 4 of the General Conditions) shall be paid by the Tenant at the latest on the Effective Date.

Payments due hereunder (deposits, payment of the rental price, etc.) may be made by: credit card (master card or blue card) or by bank transfer to the bank details shown in Article 7 of the Special Conditions.

10. LIABILITY

Each Party shall be liable to the other for any direct damage caused by it in the performance of the Lease.

The Parties agree that in no event shall the Landlord be liable for any special, indirect, or consequential damages (including without limitation loss of sales or business, loss of profits or loss of goodwill) incurred or suffered by the Tenant under this Lease.

Except in the case of personal injury, willful misconduct or gross negligence, the total compensation due by Landlord to Tenant for all damages incurred in the performance of this Lease shall not exceed the total amount paid by Tenant under this Lease.

As an exception, the provisions of this paragraph shall not apply to a Tenant who is a consumer for whom the Landlord may be held liable under the conditions of common law and in accordance with the legal provisions of public order.

11. FORCE MAJEURE

Neither Party shall be liable to the other for failure to perform any of its obligations if it is unable to perform due to an event of force majeure as defined in Article 1218 of the Civil Code.

12. MISCELLANEOUS

12.1 Applicable law and jurisdiction

Any dispute or difference relating to the provisions of this Lease or in connection with it, its subject matter or relating to its formation (including disputes and differences of extra-contractual origin) shall be submitted to and interpreted in accordance with the provisions of French law, without regard to the principles of choice of law.

All disputes to which the Lease may give rise, concerning its validity, interpretation, performance, resolution, consequences, and consequences and which could not be resolved amicably between the Landlord and the Tenant, shall be submitted to the competent courts under the conditions of common law.

When the Tenant is a Consumer, he/she is informed that in the event of a dispute, he/she may, in any event, have recourse to free mediation, in particular with the Commission de la médiation de la consommation (Consumer Mediation Commission) in accordance with the provisions of Article L. 612-1 of the French Consumer Code, or with the competent territorial mediator. Furthermore, the Tenant may also have recourse to any other alternative dispute resolution method (conciliation, for example).

12.2 Amendment

Any amendment to the Lease may only be made in writing and signed by both Parties.

12.3 Non-waiver

The fact that either Party does not avail itself of any right or provision of the Lease shall not be construed as a waiver of such right or provision.

12.4 Independence of clauses

The provisions of the Lease are independent of each other and if any provision of the Lease is held to be invalid, unwritten or non-existent, the validity of the other provisions of the Lease shall not be affected. The Parties agree to replace the invalid, unwritten or non-existent clause with a clause of equivalent effect within the limits authorized by law.

12.5 Independence of the Parties

Nothing in this Lease is intended to and shall be deemed to establish a de facto partnership or joint venture between the Parties, nor shall it constitute a contract of agency or employment with respect to the other Party, nor shall it authorize either Party to make any commitment or undertaking on behalf of the other.

12.6 Election of domicile

For the performance of this Lease, the Parties elect domicile at the addresses stipulated at the head of this Lease.