PRIOR WARNING!
The present is a translation of our rental contract with our terms & conditions clearly outlined. It is established purely for information in order to facilitate, where appropriate, the understanding of the rentals contract drafted in French language.
Consequently, it has no contractual value .
The Present Rental Agreement Comprises Of:
* A former part: comprising of all the terms and conditions which are specific to this particular rental.
* A latter part comprising all general the general terms and conditions which are applicable.
Between the undersigned hereinafter referred to as ‘The Agent’ and ‘The Lessee’ it has been laid out as follows:
Particular Terms & Conditions
1.1 The Agent
Represented by the agent ‘Everything Cannes’:C/O Acte Résidence Cannes 2000, 29 Bd de la Ferrage – 06400 – Cannes – France.
Represented by Judith Halmshaw, holder of the professional card number 5799T & 2293G issued by the Prefecture of Alpes Maritimes, guaranteed by the FNAIM for 120 000€ N° 26306T.
1.2 The Lessee
Client’s full name
(as stipulated on their passport):
Date and place of birth:
Main address:
City:
Telephone:
Email:
Country:
Fax :
Mobile :
1.3 The Rented Premises
Name of the Villa/
Apartment: Address:
City:
Usage:
To be used exclusively as a seasonal furnished accommodation rental.
* Designation and descriptive summary of the rented premises and the number of tenants allowed:
1.4 Term of the Rental Agreement
This agreement will take effect on ________________ at ___________
This agreement will expire on ________________ at ___________
The tenant shall notify at least 48 hours in advance of his/her approximate time and day of arrival and undertakes to organize an appointment for the day of the final departure giving at least 48 hours notice. This is in order for Azure Online LTD to execute the final leaving formalities.
1.5 The duration of the Tenancy
The arrival date and time :
The departure date and time:
1.6 Rental Price:
The amount of rental due, and at the charge of the lessee for the aforementioned period, which is inclusive of the agency fees is € ____________
* The reservation payment: 30% of the total amount stipulated above in clause 1.5, shall be paid upon the signing of the present lease when the aforementioned villa/apartment will then be reserved. The reservation of the property will not be made before such a reservation payment has been received and there has been confirmation in writing from Azure Online LTD. If this amount has not been received for eight days after the signing of the contract, the agreement is considered null and void.
* The balance, ie the remaining 70% of the total amount will be payable 60 days before the premises are to become vacant for the lessee. If this balance has not been received before the 60 days prior to the given arrival date then there is an automatic cancellation of the rental, the reservation payment will remain the owner’s property.
* In the event of a late reservation (less than 60 days before the property becomes vacant to the lessee) the total amount of the rental will be due when the present document is signed. The reservation of the property will not become effective before the total amount is received and confirmation in writing is given from Azure Online LTD.
* Additional Charges
The additional rental charges to this agreement are listed under the reference contractual services and additional charges
If the property is a villa the total amount of utility consumption (electricity, gas and water) will be paid by the tenant after his departure and upon receipt of the bills by the owner. This does not apply for apartments unless the consumption is deemed to be in excess of the norms .
The amount of the insurance has to be paid with the reservation deposit.
1.7 Guarantee Deposit
The amount of the guarantee deposit is: € _________________________
This amount is imperative and shall be paid 20 days before the property becomes vacant to the tenant. This payment should be paid by transfer or by a French euro cheque.
The present contract will be terminated if the guarantee deposit is not paid in full before the date when the property becomes vacant for the tenant. The tenants can only enter the premises upon the payment of the deposit and cannot claim back any of the money sent with regard to the cancellation of this contract, the total amount of the rent will be retained by Azure Online LTD and the owner.
The tenants cannot enter the premises if Guarantee Deposit is not paid.
General Provisions
2.1 Duration
The duration of the rental may not be extended without the owner’s or Azure Online LTD prior agreement and also the lessee acceptation
The lessee declares on his/her honour that he/she will not exercise and does not try to exercise any sub letting of the property and that the premises subject to this agreement can only be rented out as a temporary residence.
2.2 Price and Cancellation
The lessee, who has paid the reservation payment on account of the rental, undertakes to pay the remaining balance 60 days before the property becomes vacant for his/her lease. If the remaining balance has not been received on the date mentioned above, this present contract is deemed as an effective cancellation of the rental, the reservation payment will remain the owner’s final property.
Any rental cancellation, except due to the absence of payment on the dates fixed, shall be notified by registered letter. The date of receipt of such letter determines the amount of the cancellation penalties that will be induced and according to the following schedule:
* More than 61 days before the property becomes vacant for the lease: 30% of the rental total amount will be payable
* 60 to 45 days before the property becomes vacant for the lease: 80% of the total rental amount will be payable
* Less than 45 days before the property becomes vacant for the lease: 100% of the rental total amount will be payable
Given the owner’s failure to place the premises at the tenant’s disposal then this will lead to a re-payment penalty to the lessee, equivalent to the amount that the lessee has already paid. In such cases the lessee may not exercise his/her rights to obtain pecuniary damages.
Any early departure on behalf of the lessee’s during his/her stay for any reason whatsoever will not give rise to any repayment from either Azure Online LTD or the owner.
2.3 Guarantee deposit
The guarantee deposit is paid to meet any damages that may be caused to the rented property and moveable objects or other furnishings within the rented premises as well as to cover the various charges and consumables where applicable.
Such sum will be repaid within a maximum period of two months in cases where the security deposit is paid by bank transfer, or in cash after deduction of the objects replaced, the possible costs for reinstatement, additional cleaning and consumptions. If the guarantee deposit turns out to be insufficient, the lessee undertakes to make up the difference. If the rented accommodation has a telephone, the deposit will only be refunded after receipt of the invoices.
If the guarantee deposit was paid by cheque drawn on a French bank, the repayment will be made after making payment of the aforementioned charges via a new cheque of the accurate amount of such charges and costs or by bank transfer.
In the event that payment of such breakdown of charges is not received, Azure Online LTD reserves the right to cash the cheque given as a guarantee in order to cover the outstanding sums.
If the guarantee deposit is paid by bank transfer, it will only be returned to this particular bank from which it was initially sent
2.4 Lessee's Obligations
* The lessee undertakes to take the rental premises in the condition they are in upon entering into possession and such as they are described in the descriptive provided by Azure Online LTD In the case of the premises being rented without having first being seen, the tenant does not hold the right for damages or reduction of the price of rental if the property does not correspond to the idea they have of it.
* The furniture and moveable objects must only undergo the wear and tear due to the normal use for which they are intended. Those which at the expiry of the present agreement are missing or out of order for another cause than normal wear and tear shall be paid of replaced by the lessee with the owner’s or his/her agent’s agreement. Such provision also applies to wallpaper, curtains and generally to the real property.
* If necessary, the following will be deducted:
* a/ the value of broken or cracked objects
* b/ the price of washing or cleaning carpets, blankets, mattresses, bed linen etc ..which is stained or dirty
* The lessee undertakes to use the furniture and objects furnishing the rented property for their intended purpose and to keep them in the premises where they are situated. He/she formally promises not to move them out of the rented premises.
* The lessee shall strictly abstain from throwing into the washbasins, baths, bidets, sinks, wash tubs etc…objects likely to block the pipes, otherwise he/she will bear the costs for putting such apparatus back into service.
* On pain of termination, the lessee may not, under any circumstances, sub let or transfer his/her rights from the present agreement without the owner’s or his/her agent’s express agreement: he/she shall use the rented premises for residential purposes only and may not on any account store furniture there except linen and small objects
* The premises hereby rented out shall not on any account be occupied by a number of persons higher than that mentioned in the particular provisions except with the agent’s prior agreement
* No event of marriage or any other party type implying a higher number present that that mentioned in the particular conditions of this agreement will be allowed without the owners or his/her agents agreement in writing
* The lessee shall allow any urgent work to be performed on the premises which is required to maintain in good condition the rented premises and common equipment units without being able to claim any compensation.
* The tenant must inform the agency of his/her departure 48 hours before the leaving formalities. In the case of a departure without a rendez vous, the tenant unconditionally accepts the inventories of the fxtures that is made by Azure Online LTD following his or her departure.
* If the tenant leaves without making an appointment with the agency and takes with him/her keys, remote controls, cards and all other means of access into the property, the tenant is liable to pay the costs of changing the locks, card and remote controls and this will be deducted by the agency from his guarantee deposit.
* The lessee may not let into the currently rented out premises any animal, even momentarily, unless he/she has the agency consent in writing.
* In the event of rental which is based in a residential building, the lessee will comply, as occupiers of the premises, with the internal regulations of the residential building which they acknowledge having studied. It is strictly forbidden to put the washing to dry on windows or balconies.
* The lessee undertakes to re-rent through Azure Online LTD every time that he/she wishes to occupy the herein mentioned premises
* The lessee shall inform Azure Online LTD of any verified anomaly within two days of taking possession.
2.5 Insurance
The lessee is under the obligation to be insured with an insurance company against theft, fire water damage, both for his/her renting risks and for the rented furniture as well as for any neighbour’s claims. The tenant must give evidence of this on the owner’s or his/her agents’ request. Consequently the owner and the agent disclaim all liability for the recourse that their insurance company might exercise against the lessee in event of any damage.
2.6 Inventories and accounts
The tenant must sign upon his arrival the Entrance Inventories , an inventory of the furniture and other objects of the house and a list of valuable objects if produced by the owner, along with the accounts of electricity gas and water up to that present day.
Following the stay in the premises the same documents (with up to date meter readings etc) have to be signed by the tenant on the day of departure from the property.
A copy of these documents will be given to the tenant on his arrival and he has a legal time of 48 hours to check the contents and contest certain elements mentioned in these documents, which are checked and signed by Azure Online LTD. Without contest from the clients within 48 hours of the signature of these documents, they are considered to be accepted and approved by the tenant.
Again, if the departure has taken place without the signature of these documents, the tenant accepts the checks performed by Azure Online LTD and cannot contest the list of missing objects which will be drawn up if necessary by Azure Online LTD. This checking will take place by Azure Online LTD within 48 hours of the departure of the tenant.
The value of the missing or damaged objects, the value of the damage to the walls and fixtures and the amount of bills will be deducted from the guarantee deposit.
2.7 Termination
Failing payment at the dates fixed or in the event of non fulfilment of any provision of the present agreement and eight days after a formal demand that has remained ineffectual, the owner or his/her agent may require immediate termination of the present agreement and the lessee must leave the rented premises upon order from the judge on referral matters.
2.8 Conferment of jurisdiction
In the event of litigation, only the court of NICE is competent to act
AT/IN………………………….. DATE……………………………
Agent’s signature Lessee’s signature
‘read and approved’ ‘ Read and approved’
