|
| ( GENERAL CONDITIONS TO THE SERVICED RENTAL AGREEMENT |
|
 |
 |
In addition to the provisions overleaf, the Serviced Rental Agreement is governed by articles 1714 to 1762 of the French civil Code and the General Conditions below. In no event shall it fall within the scope law n°89-462 dated 6 July 2026 (serviced rentals, rentals of secondary homes, rentals as condition of employment contract), or law n°48-1360 dated 1 September 1948.
I - DURATION - TERMINATION
The duration of the contract is freely determined by the parties.
II - RENT
The amount of the rent is freely determined between the Parties. For practical purposes, it is agreed that the amount of the rent can be paid by the Lessee either on an Internet website owned by TRIPINKIT SARL or directly to the Lessor.
III - INVENTORY OF FIXTURES
An inventory of fixtures can be appended to this agreement. In such a case, the inventory shall be filled out by both parties and it shall be delivered either to the Lessee with the keys or in the hotel. In the absence of inventory, and pursuant to article 1731 of the French civil Code, premises shall be deemed as in suitable conditions.
Upon termination of this agreement, a check out inventory can be jointly established by the parties. Such check out inventory shall be subject to a 2 days prior notice and shall occur within business hours.
IV - OBLIGATIONS OF THE LESSEE
The Lessee shall:
1. Have paid the amount of the rent to TRIPINKIT - YellowStay.
2. Make normal use of the premises and related facilities, in accordance with the residential use set out in the Serviced Rental Agreement.
3. Be liable for any deterioration and/or loss that may occur in the premises during the term of this agreement, except if such deteriorations have been caused by Force Majeure, by the Lessor or by any third party provided that the Lessee did not allow such party to enter into the premises.
4. Immediately inform the Lessor of any damage or deterioration that may occur in the premises, even if the said damage or deterioration is not apparent.
5. Not transform the premises or its appliance/installations without prior written approval of the Lessor. In case of non compliance by the Lessee with this obligation, the Lessor shall be entitled to request that the premises and installations be returned to their initial state. All necessary work shall be carried out by the Lessee or the Lessor, at Lessor's option. All related costs shall be borne by the Lessee.
6. Allow any renovation work to be carried out in the communal or private parts of the premises, as well as any general repair required. Provisions of articles 1724 al 2 and 3 shall apply to any renovation work.
7. Comply with the premises rules and regulations, as displayed in the premises communal areas.
8. Comply and immediately carry out any request or instruction of the Lessor made pursuant to the decisions of co-owners general meeting or pursuant to provisions of the premises rules and regulations.
9. Personally occupy the premises; not transfer the Serviced Rental Agreement to any person without Lessor's prior written approval. In the event of transfer of the Serviced Rental Agreement without Lessor's prior approval as aforementioned, the transferee shall have no right over the premises or vis à vis the Lessor.
10. In the case of the sale of the premises, allow visits of the premises, two hours a day within business hours.
11. In no event move the furniture outside the premises.
12. Not to leave the premises without having satisfied all its obligations pursuant to the Serviced Rental Agreement and these General Conditions.
13. Give back the keys of the premises to the Lessor prior to departure from the premises and provide a forwarding address.
V - OBLIGATIONS OF THE LESSOR
The Lessor shall:
1. Hand over the premises and its installations in good conditions.
2. Procure that the Lessee benefit from a normal occupancy right without prejudice of the provisions of article 1721 of the French civil Code.
3. Maintain the premises in suitable condition for the purposes of the Serviced Rental Agreement.
4. Provide the Lessee with the appropriate receipt of the rent upon Lessee's request.
5. Provide the premises as described on its commercial vitrine.
VI - TERMINATION
The Serviced Rental Agreement can be terminated:
- By the Lessee: only at the end of the term.
- By the Lessor: upon a reasonable prior notice to the Lessee.
In addition, the Serviced Rental Agreement shall be immediately terminated by the Lessor in the event that the Lessee defaults in any of its obligations pursuant to the Serviced Rental Agreement or these General Conditions.
In case of termination, for any reason whatsoever, the Lessee shall immediately leave the premises. Should the Lessee refuse to comply with this obligation to leave the premises, the Lessee shall be liable to pay to the Lessor, for each day beyond the date at which the Lessee should have left the premises, an amount corresponding to twice the daily rent amount, without prejudice of the Lessor's right to claim for additional damages or indemnification before French Courts.
VII - INDULGENCE
In no event any indulgence of the Lessor in respect of any infringement to the provisions of the Serviced Rental Agreement or these General Conditions shall be considered as an acceptance or a modification of said Serviced Rental Agreement or General Conditions whatever the frequency and duration of such infringement.
VIII - MISCELLANEOUS
The Serviced Rental Agreement and these General Conditions shall be governed by French law. For the purposes of the Serviced Rental Agreement and these General Conditions the parties decide to elect as their domicile, for the Lessor: its registered office, and for the Lessee: in the premises rent to him.
IX - CANCELLATION
Cancellations: In the event of cancellation from the lessee :
(*) Given at least 14 days in advance, monies paid will be refunded in full minus 60 euros for administration fees.
(*) For cancellations between 14 days and 4 days notice, NO monies will be returned unless the accommodation is re-let (the deposit will be kept).
(*) For cancellations with less than 4 days notice or NO SHOW, 50 per cent of the total price will be charged to the lessee.
(*) Once arrived in the hotel, the lessee has 12 hours to refuse the premises by contacting the lessor with suffisiants grounds. If the lessor is not contacted, the "NO SHOW" case will be applyed.
If the accommodation is re-let, a commercial gesture is possible from the lessor, please contact it by e-mail/phone.You can normally acquire insurance against this.
Cancellations: In the event of cancellation from the lessor :
If, for any phisical reasons (storm, fire, technicals problems with electricity/water), the premises could not be delivered in time, the lessor must contact the lessee to find an arrangement/an alternative accomodation. ANY cancellation must be established on a written document in two copies, one for each parties.
X - Extras
The lessee accepts to be charged of ANY extras used in the premises as phone communications and extra movies ordered on-line. The lessor will inform the lesse of these extra charges.
|
|
|
|
|
