General terms and conditions of rental
The term ‘the tenant’, used hereafter to designate the person who will be renting the gîte, regardless of gender, has been adopted for the sole purpose of reducing the length of the document.
Article 1 – Purpose : These terms and conditions concern the rental of gîte ‘Le Benouchon’, a holiday apartment located at 1142 La Devise, 71470 Romenay, France.
Article 2 – Conclusion of the contract : The booking is confirmed as soon as the tenant has sent the owners a signed copy of the contract together with the deposit. The balance of the rental price must be received by the owners no later than 10 days before arrival. The booking is final once the balance has been paid.
Article 3 – Duration : This is a fixed-term rental contract. Under no circumstances may the tenant claim any right to remain in the premises at the end of the contract. In addition, the premises may not be used as a principal or secondary residence, and the tenant cannot conduct any commercial or artisanal activity in the premises.
Article 4 – Arrival and departure time : Arrival is possible from 5 p.m. on the day specified in the contract. The tenant must inform the owners if they expect to arrive after 8 p.m. On the day of departure, the tenant must leave the premises by 10.30 a.m. at the latest.
Article 5 – Cancellation of the contrat
a) By the tenant :
If the tenant cancels their stay :
- more than 4 weeks before the scheduled date of arrival, the deposit will be refunded in full ;
- between 4 and 2 weeks before the scheduled date of arrival, 50% of the deposit will be refunded ;
- less than 2 weeks before the scheduled date of arrival, the deposit paid will be forfeited to the owners, and the gîte will be at the owners’ disposal.
All cancellations must be notified to the owners in writing (by email or post).
In the event of cancellation less than 48 hours before the scheduled date of arrival, of no-show or of a shortened stay without valid justification (force majeure), the owners reserve the right to retain the full rental amount, or to claim the balance that has not yet been paid.
Refunds by the owners will be made within 10 days.
b) By the owners :
The owners may only cancel the contract in the event of a force majeure. Should this happen, the tenant will receive a full refund of all sums paid.
Article 6 – Security deposit : On arrival, the tenant will be asked to pay 200 euros as security deposit. An inspection of the premises is carried out by the owners at the time of the tenant's departure and/or in the hours that follow. If there is nothing to report, the deposit will be refunded in full to the tenant within a period of no more than 10 days.
Please note that end-of-stay cleaning, included in the rental price for normal use of the gîte (indicative cost of cleaning: 50 euros), does not include washing up, cleaning the coffee maker, ovens and hob, which is a matter of course after use and must therefore be carried out by the tenant. If this has not been done, a supplement of 30 euros will be deducted from the security deposit by the owners.
In the event of abnormal use of the premises or excessive dirt, or in the event of damage or items missing from the inventory during the stay or after the tenant's departure, the owners will use the security deposit to restore the gîte to its pre-rental condition and/or replace any items missing from the inventory (supporting documents will be provided to the tenant). If the amount of the security deposit is insufficient, the tenant will be billed for the excess. Any remaining security deposit will be refunded to the tenant within a period of no more than 30 days.
Article 7 – Use of the premises and liability
a) In general : the tenant agrees to take good care of the premises and the equipment provided, and to use them in accordance with their intended purpose. The tenant is responsible for any damage caused by themselves or by any person accompanying them. The tenant must be insured (a ‘holiday’ type insurance policy).
b) Occupants : the owners do not accept more overnight guests than the stated capacity of the gîte. The owners must be informed of any day visits by third parties, and reserve the right to refuse entry if the number of people exceeds the size of the gîte and would disturb the peace and quiet of the area. Parties are forbidden.
c) Smoking : : it is forbidden to smoke inside the premises.
d) Noise pollution : noise disturbance at night (between 10 p.m. and 8 a.m.) will not be tolerated. The tenant shall use good judgement so as not to disturb the peace and quiet of the premises (with regard to the owners who live on the premises, and also their neighbours).
e) Dogs : the number of dogs allowed depends on their size (please contact us before booking if you wish to bring your four-legged friend(s)). They must be clean and well behaved, i.e. they must not relieve themselves indoors or bark all day/night, so as to maintain the peace and quiet of the site. Tenants who bring their dog(s) must comply with the following conditions: they must not allow dogs in the bedrooms or on the sofa (unless they bring their own bedsheets and a protective cover for the sofa); as the private garden is fenced off, dogs are free to roam there; on the rest of the property they must be kept on a lead so as not to frighten the owners' chickens, sheep and ponies; dog excrement must be collected by the tenant (bags and bin provided for this purpose).
Article 8 – Police registration form for tenants of foreign nationality : in accordance with articles R814-1, R814-2 and R814-3 of the French Code of Entry and Residence of Foreigners and Right of Asylum, rental owners are obliged to have tenants of foreign nationality (including European Union nationals) complete a police registration form. This form must be kept by the owners for six (6) months and sent to the police or gendarmerie only at their request
Article 9 – Disputes : Any dispute relating to the rental of Gîte ‘Le Benouchon®’ or to these general terms and conditions (notably as regards their validity, interpretation or execution) is subject to French law and, failing amicable resolution, will be dealt with by the competent French court. The language of reference for the settlement of any disputes is French.
Art. 10 - Mediation : In the event of a dispute, we propose using consumer mediation, in accordance with articles L.616-1 and R.616-1 of the French Consumer Code.
The mediator appointed is CNPM - Médiation de la Consommation. In the event of a dispute, you can submit your claim via the mediator’s website : https://cnpm-mediation-consommation.eu, or by post to the following address : CNPM - MEDIATION - CONSOMMATION, 27 rue de la Libération, 42400 Saint-Chamond.
Art. 11 - Language : In the event of differences of interpretation due to the wording of this document in different languages, only the French version shall prevail.
Romenay, 01.08.2023.
