TERMS & Conditions
1.1 The following contract is made by and between Gaël and Aurélie HILI (collectively, the “Owners”) and listed clients (the “Clients”) with respect to the rental of the property (the “Property”).
1.2 The Owners may appoint a housekeeper or other agent(s) to act on behalf of the Owners in all matters and to represent the Owners’ interests.
1.3 The effective date (the “Effective Date”) of this contract, including the terms and conditions stated herein (the “Contract”) shall be the date upon which the Owners confirm the rental in writing, whether electronic or otherwise, subject to the booking conditions for the total contracted rental period stated (the “Rental Period”).
2.1 A deposit of 50% of the agreed total rental fee is required if the booking is made more than eight (8) weeks before the start of rental.
2.2 The deposit may be paid either by electronic transfer to the Owners’ preferred bank account, by credit card or paypal by the Clients.
2.3 The remaining balance due for the rental shall be payable four (4) weeks before the commencement of the rental. Non-payment of the balance of the rental on or before the due date shall be considered a cancellation of the contract and subject to the terms and conditions of Section 3 below.
2.4 Bookings made less than eight (8) weeks before commencement of the Contracted Period require the total rental fee to be paid in full.
2.5 A security deposit is payable no later than one (1) month before the rental commences (the “Security Deposit”). Owners shall refund the Security Deposit within ten days of departure, less any deductions for loss, breakage or damage to the house or household effects during the rental and for any additional cleaning deemed to be necessary by the Owners, Housekeeper or Agent.
3.1 cancellations made by the Client shall be in writing by email as soon as practicable.
3.2 On receipt of notice of the cancellation the Owners will seek to re-let the property for the Contracted Period.
3.3 If the Owners are successful in their attempts to re-let the property for the entire Contracted Period, the Owners shall refund all monies paid less an administrative charge of 50 Euros.
3.4 If the Owners are only able to re-let the property for a portion of the Contracted Period they will refund an amount equal to the rental fees already paid by the Clients less the rental for the remaining period that is not re-let and an administrative charge of 50 Euros.
3.5 If the Owners are unable to re-let the property for the Contracted Period then all monies paid by the Client shall be forfeited to the Owners.
3.6 If the Property becomes unavailable or unusable for some reason prior to the date of booking then the Owners reserve the right to cancel the booking at any time. In these circumstances the Owners shall reimburse the Client for all monies paid.
3.7 The Owners shall not be liable for any claim for compensation for any costs incurred by the Clients or claims for other losses incurred due to the cancellation of the booking by the Owners.
3.8 The Owners strongly encourage the Clients to purchase travel insurance so that they will be covered in case of cancellation due to sickness, accidents, family emergencies, etc. The owners will follow the procedures outlined in 3.1 to 3.5 for cancellations due to such causes.
4.1 The Owners will consider a request from a Client to change the dates of the booking after confirmation has been issued. Agreement will be given only if the following conditions are met:
a. The Owners agree in writing with the change and may decline to grant such change for any reason
b. The request is received more than eight (8) weeks away from the start of the booking
Interruption of stay
5.1 In the event of an early termination by the Clients where the Owners have not acted in a way to cause such early termination, Owners shall not refund the rental
5.2 The Owners will attempt, in good faith, to re-let the property for the remaining period in the event of an early termination and shall refund the client (less a 50 Euro administrative charge) an amount equal to the rental paid for the re-letting of the Property.
Period of Hire
6.1 Rentals commence at 16.00 (unless previously agreed upon between the Clients and the Agent) on the first day of the Rental Period and terminate at 10.00 on the last day of the Rental Period. Check in after 8pm and check out before 8am incur a 40 Euro surcharge.
7.1 The clients will be met at the Property by the owners or local Agent as agreed upon in writing prior to the first day of the Rental Period.
7.2 Owners or the Agent will show the Clients and Guests around the Property and furnish them with keys for the property. These keys remain the Owner’s Property and must be returned upon Clients’ or their guests’ departure from the Property. Loss of keys will result in replacement charges deducted from the Security Deposit.
Care of the Property
8.1 The Clients and Guests shall take all reasonable and proper care of the Property and its furniture, pictures, fittings and effects and leave them in the same state of repair and condition and same clean and tidy condition at the end of the Rental Period as at it was at the beginning of the Rental Period.
8.2 The Clients and Guests shall ensure that the Property is maintained in a reasonable state of cleanliness and tidiness during their stay and shall observe our no smoking policy.
8.3 The Clients and Guests shall not do anything to upset the peace and quiet of the neighborhood. The Clients and Guests should be careful when using the terrace on the top floor. Children must be supervised on the terraces, the garden, and the swimming pool at all times.
8.4 The Clients and Guests shall allow the Owners or their Agents the right of entry to the Property at all reasonable times for the purpose of inspection or to carry out any repairs or maintenance.
8.5 The Clients shall inform the owners or Agents immediately in the event of any problem requiring urgent maintenance, such as water leak or drain failure.
8.6 The Clients and Guests shall not adjust the settings of the technical services such as hot water, water softener, and IT equipment without prior consultation and approval of the owners. If there is any kind of the problem with these systems, the Clients should notify the owners as soon as possible.
8.7 The Clients and Guests are legally responsible to reimburse the Owners for any breakage or damage to the Property that shall be notified by the Clients to the owners as soon as possible prior to departure.
8.8 The property is a non-smoking Property. Any Client or Guest found in violation of this policy could be subject to an immediate termination of the Contract, and Clients will not be entitled a refund of the Rent. Clients may receive a refund of the Security Deposit less any fees required to repair damage to the Property caused by such smoking or as otherwise set forth in Section 2.5 above.
8.9 Pets are not allowed in or around the property and its surrounding outdoor spaces and gardens. The Clients, Guests, friends, relatives and invitees of the Clients or their Guests may not bring any sort of pet onto the property.
Use of the Property
9.1 The number of persons occupying the Property overnight shall not exceed the maximum number specified in the listing. names of the guests staying in the property must be listed on this booking form or a list must be emailed to the Owners prior to the beginning of the rental period.
9.2 The Property will be used for personal and domestic purposes only. The Property shall not be used for any commercial purposes.
9.3 The Owners and Agents reserve the right to refuse entry to the entire party if these usage conditions are not observed. The Owners and Agents may require early termination of the rental if more than the maximum amount of guests are staying in the property at one time or if the Clients and Guests fail to observe any of the conditions of this Contract
9.4 This Contract may not be assigned or the property cannot be sublet or be rented to a third party. Subletting is prohibited, even if no charge is made, under penalty of termination, with the Owners having the right to retain the full amount of Rent paid.
9.5 If the Owners terminate the contract during the Rental Period, the Owners shall give full justification (proven damage to the Property, excessive noise complaints from Neighbors, etc., the Owners or their Agents will present in a written letter or email (the “Termination Notice Letter”). The clients must vacate the Property within twenty- four (24) hours of receipt of the Termination Notice Letter. In this case, the Owners will retain the entire amount of Rent. If damages are incurred, the Owners will deduct the costs of such damages from the Security Deposit.
10.1 Upon departure from the Property at the end of the Rental Period, the Clients and Guests shall ensure that the Property is in a reasonably clean and tidy condition and that the household items are all present and in their proper places.
10.2 The Rent paid includes thorough cleaning of the Property on departure. If the property is not left in a reasonably clean and tidy condition, the Owners reserve the right to charge the Clients for the costs of the additional cleaning necessary, at a rate of 50 Euros per hour, to bring the Property back to an appropriately clean condition for rental.
10.3 The Clients are responsible for repair or replacement due to breakage or damage to the Property or its contents. Such costs will be itemized in an invoice and deducted from the Security Deposit.
10.4 Check-out shall take place no later than 10.00 am on the day of departure, unless agreed in advance with the Agents. Check out before 8am will incur a 40 Euro surgarge.
10.5 Should the Agent(s) deem the property and its contents to be in a proper condition, they will inform the Owners to return the Security Deposit, less any deductions for breakages, damage or additional cleaning that may be required.
11.1 The Owners, Housekeepers and Agents shall not be liable to the Clients, Guests or third parties for any accident, damage, loss, injury, expense or inconvenience which may be suffered, incurred, arise out of or in any way be connected to Clients’ rental of the Property.
11.2 The Owners accept no liability for loss of Clients’ personal property of the Guests due to theft or any other reason while such personal property is located on the Property. Guests should take all usual precautions regarding locking doors and windows while staying at the Property, and should ensure that their belongings are properly insured through travel insurance.
11.3 The clients are required to abide by all French laws and rules of conduct while staying at the property. The Owners accept no liability for any action by the clients contrary to such laws and regulations.
11.4 Each of the Clients and Guests, for himself/herself, his/her heirs, assigns, executors and administrators, fully releases and discharges the Owners of the Property from any and all claims, demands and causes of action by reason of any injury or loss of whatever nature which has or have occurred, or may occur to the undersigned Clients and listed Guests, or any of his/her invitees or other persons entering the premises of the House during the Rental Period (“Occupant”), as a result of, or in connection with the use and occupancy of the Property by any or all Occupants and agrees, jointly and severally, to indemnify and hold the Owners free and harmless of any claim, suit, liability, cost, expense (including reasonable attorneys fees) arising therefrom or from a breach of this Contract by Clients and Guests and/or from the enforcement of this Contract by the Owners.
The Owners strongly encourage the Clients to purchase travel cancellation insurance to cover against sickness, accidents, family emergencies or other such events that would result in the cancellation of the rental. In the event of a cancellation for such events, the Owners will follow the guideline outlined in Sections 3.1 to 3.5 of this contract.
All prior agreements between Owners, the Clients and/or Guests are incorporated in this Contract, which constitutes the entire agreement between the parties. It is intended as a final expression of the parties’ agreement, and may not be contradicted by evidence of any prior agreement or contemporaneous oral agreement. The parties further intend that this Contract constitutes the complete and exclusive statement of its terms, and that no extrinsic evidence whatsoever may be introduced in any judicial or other proceeding, if any, involving this Contract.
Any provision of this Contract that is held to be invalid shall not affect the validity or enforceability of any other provision in this Contract. The waiver of any breach shall not be construed as a continuing waver of the same or any subsequent breach. This Contract shall be governed and construed in accordance with the laws of France. France shall have personal jurisdiction over the parties and the Provence Alps Cote d’Azur (PACA) region in which the Property is located shall be the forum for any legal action brought in relation to this Contract.