In addition to these General Rental Conditions (hereinafter “the GTC”), the Special Rental Conditions (hereinafter “the CPL”) between the parties (respectively the “Lessor” and the “Lessee”) are added. These CPL are materialized by:
Either by email or by online reservation platform between the Lessor and the Lessee.
Or, only at the express request of the Lessee, of a Seasonal Rental Agreement between the parties (hereinafter CLS).
If clauses are contradictory between the CPL and the CGL, then by derogation from the CGL it is the CPL that prevails.
The accommodation, made up of one or more apartments (hereinafter the "Property"), subject of the CPL, is located in the "Establishment" which is itself defined by either the Residence Macabou (50, subdivision Macabou 97280 Le Vauclin), or Villa Ansalane (25, Allée des Alizés, Quartier Passe-mon-Temps 97229 Les Trois Ilets).
Regarding the Lessee, reference is made to the signatory of the CPL, and, by extension, depending on the context, to the Occupants of the Property.
In the absence of a CLS, it will be agreed that the Lessor is designated at the bottom of the page of these GTC, and the Lessee is designated in the CPL.
The rental price (hereinafter the "Price") includes the cost of accommodation as well as entrance fees.
The CPL as well as the CGL apply from the signature of the CLS by the Lessee or from the payment to the Lessor by the Lessee, of a deposit (hereinafter "the Deposit") of 30% (unless otherwise specified in the CPL ) on the price. Payment of the Deposit confirms the Lessee's agreement to the CPLs as well as to these T & Cs.
The CLS is concluded for the sole benefit of the Lessee. The transfer of the CLS, total or partial subletting, is strictly prohibited.
For the execution of the CPLs and these GTC, the Lessor and the Lessee elect domicile in their respective domiciles. However, in the event of a dispute, the court of the domicile of the Lessor shall have sole jurisdiction. This agreement is subject to French law.
Conditions of use of the property
The Goods are made available to the Lessee on the day of arrival from 5:00 p.m. and must be vacated on the day of departure no later than noon. The day and time of arrival as well as the flight number, if applicable, must be specified in advance to organize the reception of the Lessee.
Linen is provided, and beds are made upon arrival by the Lessee; for a stay exceeding 10 nights, a second set of linen (towels and sheets) will be made available to the Lessee.
On the day of departure, the Property must be returned clean, beds unmade, sheets folded, trash emptied in the outdoor trash cans and dishes washed, wiped and put away. However, it is not necessary for the Lessee to do a complete cleaning in the Property, nor to clean the laundry. Indeed, so that each new occupant of an apartment is assured that the standard hygienic conditions are respected, the household and the cleaning of the linen are assured by professionals.
The Lessee uses the Property as a tenant of furnished accommodation as a temporary holiday residence, to the exclusion of any commercial or professional use.
The Lessee respects the neighborhood rules and the normal rules of life. All parties and private events are prohibited, as well as music at nightfall.
The Lessee is personally responsible for his actions, those of the people present in the Property, and of all people he introduces into the Establishment. The Lessor reserves the right to refuse any additional person not provided for in the CLS.
Animals are only accepted after an express request by the Lessee accepted by the Lessor.
The Lessee undertakes to:
peacefully use the Property and the common areas of the Establishment;
make normal and reasonable use of the means of comfort (air conditioning, electricity, water, etc.), as well as the equipment (household appliances, multimedia, kitchen, etc.) made available to them;
never turn on the air conditioning if the windows and / or bay windows remain open;
turn off the air conditioning and lighting, and close the water taps, when he leaves the Property for several hours, and, in the event of forgetting, to authorize the Lessor to enter the Property with his keys to do so at its place ;
inform the Lessor as soon as possible of any breakdown, damage, incident or malfunction, without being able to claim compensation, and to facilitate access to his accommodation if this access is required to carry out repair work;
make normal and reasonable use of the interior common spaces (covered terraces, corridors) and exterior (green spaces, walkways, laundry room), without infringing on the freedom of other residents to use these same common spaces, and in keeping them in a perfect state of cleanliness and hygiene;
do nothing that could affect the tranquility of neighbors (noise, music, etc.), and in particular restrict themselves to the greatest discretion at night;
never use other cleaning products than those made available by the Lessor in the Property, in particular bleach or any product derived from chlorine, which could affect the proper functioning of non-collective sanitation of the establishment;
do not smoke inside the Property, do not throw any cigarette ends or any other rubbish other than in the bins provided in the apartments;
do not move furniture, accessories or equipment;
do not shake, beat, wash, spread anything on window sills or railings;
park your vehicle in the parking spaces reserved for this purpose (visitors must park outside the Establishment);
not to exceed the number of Occupants provided for in the CLS and by the accommodation capacity of the Property;
Inventory carried out without the presence of the Lessor
The Property provided is furnished and equipped, with an inventory free of defects. The Lessee will then have 48 hours to make any disputes about the good condition of the premises. In the absence of a dispute by the Lessee within 48 hours, the inventory of fixtures free from defects will be deemed accepted by the Lessee.
On the day of his departure, the Lessee may alone establish the exit inventory by text message, by email, or using an inventory form which will be made available to him on request, and the forward to the Lessor. In the absence of an exit inventory expressly provided by the Lessee to the Lessor, the exit inventory will be considered equivalent to the entry inventory. The Lessor may contest the exit inventory within a period of time until the arrival of the next tenant, within a limit of 48 hours.
Reservation and payment
The rental is considered to be definitively reserved, upon receipt of the Deposit.
The balance of the Price is due 3 weeks at the latest before arrival. In the absence of payment within this period, the Lessor is entitled to consider that the Lessee has canceled his reservation. However, the Lessee remains in all cases responsible for the payment of all the amounts agreed for the products or services ordered. If applicable, the cancellation conditions will be applied. Failure by the Lessee to comply with these payment conditions will be considered by the Lessor as a cancellation requested by the Lessee.
In the event that the payment turns out to be irregular, incomplete or non-existent, for any reason whatsoever, the sale of the reserved services will be canceled, the resulting costs being borne by the Lessee.
The following are considered as discharging the debt: the delivery of a transfer or a check after confirmation of collection by the Lessor's bank (often several days for a check), or payment by credit card.
The Lessor reserves the right to refuse access to the Property if the balance or the security deposit has not been paid.
Any bank transfer issued from a bank outside France must be denominated in Euros exclusively. Transfers from abroad may incur bank charges. These costs are the responsibility of the Lessee.
Are not included in the Price: the flight, transfers between the airport / port and the Property, transport to and from the airport or the port of departure, as well as car rental (highly recommended) .
The entry fees included in the Price include in particular an end-of-stay cleaning service for the Property (including cleaning of the linen), but not cleaning of the indoor and outdoor common areas. Consequently, the Lessor will ensure that the common areas are returned to the same condition after their use (in particular the barbecue).
At the latest on the first day of the stay, when the keys are handed over, the Lessee will give the Lessor a sum of € 500 (or an amount equal to the amount of the rental if it is less than € 500, or € 1,000 if the rental amount is greater than € 2,000), in cash, by credit card or by check payable to the Lessor, as a security deposit intended to cover any rental and unpaid damage. Rental damage is any damage or deterioration of the accommodation, as well as damage, loss or theft caused to the movable property garnishing the Property, during the rental period. Likewise, rental damages are considered to be any damage or degradation of the interior or exterior common spaces made available to the Lessee, as well as any charge resulting from non-compliance with the Lessee's commitments, including smoking inside (see the “Conditions of use of the Property” above). Any person invited by the Lessee to the Establishment, not provided for in the CLS or not expressly authorized by the Lessor, is also considered as unpaid, up to € 100 per person.
In the absence of rental damage and bad debts, the security deposit will be returned to the Lessee within a maximum period of 15 days after his departure; if it is a check, the original check will be returned because it will not have been cashed if no damage is noted at the end of the stay.
In the event of the existence of rental damage or unpaid bills, the security deposit will be returned within a maximum period of 2 months, the expenses incurred in repairing the damage suffered deducted, with supporting documents.
Natural or extraordinary disasters
In the event of a cyclone, natural or extraordinary disaster, epidemic or pandemic, or strike, forcing the Lessee to cancel or shorten their stay in Martinique, the Lessor may neither reimburse the days not occupied, nor bear the additional costs. driven by the event.
Dates and modifications
After the firm reservation, if the Lessee decides to change the dates of his stay, and the Lessor cannot assume these changes, this will result in cancellation by the Lessee. Changes in arrival or departure times imposed by road, sea or air traffic, security requirements or others, cannot lead to any compensation whatsoever. To overcome these contingencies, the Lessee is invited to take out cancellation insurance on his own.
Cancellation conditions and fees
Accommodation services provided for a specific date or at a specified frequency do not fall within the scope of the 7-day withdrawal period applied by the Consumer Code.
Any purchase of accommodation services from the Lessor is materialized by the payment of the Deposit which cannot be refunded. Once this payment has been made, the cancellation conditions indicated below apply automatically.
In the event that the Lessee cancels his reservation, or in the event of termination of this lease if the Lessee fails to meet his contractual obligations, he remains liable for the amount of the rental. However, as a commercial gesture, the rental amount will be returned to him in the event of cancellation, after deduction of cancellation fees and technical payment fees where applicable, in particular to foreign countries. Any cancellation must be reported to the Lessor, by registered letter with acknowledgment of receipt, or by email with acknowledgment of receipt. The cancellation date taken into account in the calculation of the costs is the date of receipt of the letter or e-mail.
The fees below therefore apply depending on the time between the date of cancellation and the scheduled date of arrival. They are calculated as a percentage of the amount of the stay, without being able to be less than 100 € or the amount of the Deposit:
more than 30 days before arrival: 30%
from 1 to 30 days: 70%
As an option, but only on the day of the reservation, the Lessee can purchase cancellation insurance from the Lessor which allows a full refund (*) of any sum already paid in the event of cancellation. The cost of this service is a percentage of the total amount of the reservation. The cost is calculated according to the minimum time chosen between the date of the possible cancellation and the planned date of the day of arrival:
2 week delay: Cost 10%
2-day delay: Cost 15%
(*) After deduction of 3% transaction costs on amounts already paid, and the amount of insurance.
The Lessor undertakes to maintain the Property covered by this contract in a satisfactory state of maintenance, cleanliness and safety. He undertakes to notify the Lessee as soon as possible of any modification beyond his control likely to modify the comfort or disturb the enjoyment of the Good (nuisance, breakdown of equipment, etc.). In the event that a device or material having a major influence on the comfort of the Lessee should fail, the Lessor undertakes to implement the means allowing repair or replacement as soon as possible.
The Property is insured by the Lessor, who undertakes to deliver it in a perfect state of cleanliness and maintenance, in accordance with the description on the website and the standards in force. However, the Lessor cannot be held responsible in the event of theft, loss, accident, damage, or other problems which may arise with regard to the Lessee or his property. The personal objects and effects of the Occupants of the Property are strictly their own responsibility. The Lessee therefore undertakes to verify that he is properly covered by insurance covering rental risks. A copy of the insurance policy may be requested by the Lessor from the Lessee when booking or when entering the premises.
Once the reservation has been confirmed, the Lessor guarantees the rental in accordance with the reservation contract.
In the event of failure by the Lessee to fulfill one of his contractual obligations, this lease will be terminated automatically. This termination will take effect with immediate effect after a simple summons by simple letter, by email, or by any electronic mail (for example WhatsApp). In the event of inability to provide the agreed service, the Lessor undertakes to reimburse any amount already paid, or to offer a replacement service within the limit of that reserved.
Any dispute or dispute must be reported to the Lessor no later than two days after handing over the keys. This would allow the problem to be resolved or an amicable agreement to be reached, if necessary. After this period and without finding on the spot, no dispute will be admissible.