These general rental conditions apply within the framework of remote booking and the conclusion of a seasonal rental contract between the Client (hereinafter the Tenant) and the Landlord.
They govern all the necessary steps for booking and monitoring the booking between the contracting parties.
Any booking therefore implies the full and unconditional acceptance by the client of these conditions.
Every client acknowledges having the capacity to contract, that is to say, having reached the legal age and not being under guardianship or trusteeship.
These general rental conditions (GRC) are supplemented by the specific conditions set out in the seasonal rental contract (SRC).
They may be modified by the Landlord.
Article 1 – Object of the seasonal rental contract
The Landlord shall provide the Tenant, who accepts, with furnished premises for seasonal rental, as follows:
Article 2 – Legal Framework – Seasonal Furnished Rental
The seasonal rental contract is governed by Article L. 324-2 of the Tourism Code and Articles 1714 to 1762 and following of the Civil Code.
As the rental is seasonal and the tenant does not establish his principal residence on the premises, it shall not be subject to Article L. 632-1 of the Construction and Housing Code, nor to Law No. 89-462 of 6 July 1989, except for Article 3-1.
Article 3 – Designation
In the municipality of Bernières sur mer, a building called “Château de Bernières” furnished and including:
Ground floor: A kitchen – dining room, 1 living room, 1 TV room.
1st floor: 4 bedrooms, 4 shower rooms, 1 laundry room and 1 office,
2nd floor: 1 bedroom, 1 dormitory, 1 shower room and 1 bathroom.
All furniture and kitchen utensils. As well as everything is continued and behaves, without exception or reservation.
The accommodation is NON-SMOKING,
Article 4 – Duration of the rental
The rental is seasonal, i.e., concluded for a short period. It is granted for the period specified in the contract.
The tenant cannot, under any circumstances, claim any right to remain on the premises at the expiry of the rental period initially provided for in the contract, unless agreed by the Landlord.
Article 5: Entry into the premises
=> Arrival:
The tenant is invited to collect the keys on site, unless otherwise agreed, on the day of arrival from 3:00 pm.
The tenant must present himself on the day and at the agreed times.
In the event of late or deferred arrival, the tenant must agree in advance with the Landlord to arrange for his reception.
The Landlord or his representative will be present to welcome the tenant, show him around the premises, and inform him of all practical details and the operation of various equipment.
The Landlord or his representative and the tenant will draw up a contradictory inventory and formalize the rental contract by the signing of the tenant and the Landlord or his representative.
The Landlord or his representative will provide the tenant with a quantitative and qualitative inventory of the objects and furniture as well as the keys to the rented property.
The rental ends on the day fixed for departure at 10:00 am or at a time convenient to the Landlord after the outgoing inventory.
The tenant must return the premises in the condition in which he found them (storage of objects, rearrangement of furniture, cleanliness …)
Article 6 – Inventory and inventory
The inventory and qualitative and quantitative inventory of the furniture, furnishings, and various equipment are carried out at the beginning and end of the stay by the Landlord and the Tenant.
In case of non-performance of the inventory upon arrival, impossibility or choice of the Tenant, he will have 72 hours to check and report to the Landlord any anomalies observed.
After this period, the rented property will be considered complete and free from damage upon the Tenant’s entry.
In the event of non-performance of the outgoing inventory, due to the Tenant’s choice, or due to a departure time other than that initially provided for in the contract, the Landlord will unilaterally carry out the inventory at the scheduled time and will return the security deposit within 15 days maximum following the departure of the tenant, in the absence of damage and subject to a return to the original state.
If the Landlord finds damage, or in the event of damage or disorders appearing after the tenant’s departure that were not apparent at the time of the establishment of the outgoing inventory, he must inform the tenant within eight days, and the amount of the work to return to the original condition or repair or repurchase at the same time will be deducted from the security deposit as specified below.
The Landlord will endeavor, if necessary, to retain any evidence of any damage to the premises by means of photography and will justify this to the Tenant.
Article 7 – Destination – Use – Respect of the rented property
The premises described above are intended for family rental use and are not suitable for group rentals.
Under no circumstances may the tenant establish his principal residence in the rented premises, under any pretext.
The tenant enjoys the rental in a peaceful manner, as a good father, and makes good use of it, in accordance with the purpose of the premises. The tenant undertakes to occupy the premises personally.
In respect of the tenant’s privacy and the occupants of the Château de Bernières, the Landlord may visit the rented property or have it visited by any person mandated by her, for the surveillance and maintenance of the property and all installations after having previously informed the tenant.
Subletting is prohibited to the designated tenant, under any pretext, even free of charge, under penalty of termination of the contract, the full amount of the rent then remaining acquired or due to the Landlord as a flat-rate and definitive indemnity.
The rented premises are for residential use only, excluding any professional, commercial, or artisanal activity of any kind.
All furniture and movable objects listed in the inventory must not be moved to another location. The tenant undertakes to use them according to the normal use for which they are intended and they should only suffer from depreciation resulting from the normal use for which they are intended.
All repairs necessitated by negligence or improper use during the rental period will be the responsibility of the tenant, both in the premises and throughout the property.
The Tenant undertakes, for any reason whatsoever, not to make any transformations, repairs, works, and modifications to the various installations existing in the rented premises.
The tenant must report to the Landlord any deterioration or breakage that occurs during his stay.
The tenant will be responsible for the items contained in the apartment and will be required to reimburse for missing or damaged items at their replacement cost new (especially bedding), or their repair and cleaning.
In the event of damage to the premises (walls, ceilings, paintings, sanitary equipment, or other) for a cause other than normal wear and tear, the tenant will also be required to reimburse the cost of repairs, according to the assessment made by the Landlord.
The tenant must absolutely refrain from throwing objects that may obstruct the pipes into the sinks, bathtubs, sink, wash-tub, WC, … failing which, he will be liable for the costs incurred for the restoration of these appliances. In this case, due to the difficulties experienced during the season in obtaining the intervention of personnel or a specialized company, the Landlord declines all responsibility for any delay that may occur in carrying out the necessary repairs. It is expressly forbidden to hang laundry from windows and balconies.
Article 8 – Capacity of the premises- list of occupants
The tenant undertakes to respect the accommodation capacity of the accommodation, under optimal comfort conditions, for the entire duration of the rental in view of the landlord’s insurance and liability.
Under no circumstances should the accommodation be occupied by a number of occupants greater than 15 people, compliance with the maximum number of persons accommodated constitutes an essential and decisive condition of the lease for the Landlord.
Any failure to observe one or more of the above obligations will result, by operation of law, in the Landlord’s unilateral right to terminate the contract at any time, without costs or compensation.
It is specified that the tenant will remain solely responsible for the use of the facilities and services of the Château de Bernières and must take all precautions to ensure, in particular, the safety of children and vulnerable persons that he may have introduced into the premises. The Landlord cannot under any circumstances and for any reason be held liable or guaranteed in this regard.
Article 9 – Terms of payment of the rental
9.1 Rent
This seasonal rental is granted and accepted for a Rent All Inclusive (TTC).
Prices are indicated in Euros and payable in the same currency.
The tenant must pay the tourist tax in addition
Any booking made less than 30 days before the arrival date must be paid in full to be confirmed.
9.2 Deposit
Upon conclusion of the rental contract, the tenant will pay the Landlord the deposit set
The amount of the deposit paid is fully deductible from the total amount of the stay for the dates indicated on the booking confirmation, provided that the stay is respected in its entirety.
For the purposes of this lease, the tenant’s presentation of a bank transfer shall not be considered as a discharge of the various sums due under the lease until the corresponding amount(s) have been credited to the Landlord’s account.
In the event that the tenant, for any reason, cancels the rental, this deposit shall remain with the Landlord as a penalty.
9.3 Balance
The balance payment is made no later than 30 days before the scheduled arrival date by bank transfer (see attached RIB), without reminder from the Landlord.
If the Tenant fails to pay the balance of the rental price within the aforementioned period, the rental shall be automatically cancelled, unless expressly agreed with the Tenant. Furthermore, it is expressly agreed that in this case the deposit paid shall remain with the Landlord as damages.
9.4 Tourist tax
In addition to the rent, the Landlord is entitled to ask the tenant to pay the tourist tax, not included in the rental price, which will be fully reimbursed to the Municipality of Bernières sur mer. This tax is charged at cost, and will be paid upon departure.
By municipal council resolution, the revenue from this tax contributes to the beautification of the municipality and the development of its access roads.
9.4 Charges
The Landlord reminds that food expenses are not included in the rental price.
Water, wood, gas, and electricity consumption are taken into account, on a flat-rate basis, in the price of the stay, within a normal use limit.
The tenant will benefit from free WIFI access in the accommodation. He undertakes to comply with the laws and regulations in force, in particular concerning intellectual property rights when using the internet in such a way that the Landlord cannot be held accountable for such use.
Article 10 – Security Deposit
To cover the loss or damage that may be caused to the installations, objects, furniture, or other property garnishing the rented premises as well as the various additional charges and consumptions, the tenant will pay a security deposit.
The security deposit will be returned within 15 days maximum following the departure of the tenant, in the absence of damage and subject to a return to the original condition.
Where applicable, the deduction will be made for the amount of the repairs for the damage and the replacement of lost or damaged objects possibly due by the Tenant.
The amount is determined based on the value of the destroyed or damaged goods according to a bill or a supporting document produced by the Landlord.
The replacement of the damaged goods shall not confer any ownership rights over the said goods to the tenant.
This security deposit may not under any circumstances be considered as a contribution to the payment of the rent.
In the event that the amount of the damages is higher than the amount of the security deposit, the Tenant undertakes to cover the full amount due.
Article 11 – Cancellation and postponement conditions of the stay
Any cancellation of the stay by the tenant must be notified to the Landlord as soon as possible, by registered letter with acknowledgment of receipt. This notification may possibly be replaced by sending an email or a fax to the Landlord on the express condition that it is confirmed by sending a confirmation by registered letter with acknowledgment of receipt within 10 days.
Any cancellation by the Landlord must be notified to the Tenant under the same formalities and deadlines.
In case of modification or cancellation of all or part of the stay by the Tenant, the latter will be liable for the costs related to his order. Any change in the implementation of the stay (lower number of people, delayed arrival, early departure, …) will not give rise to any refund.
11.1 Cancellation conditions
In case of total or partial cancellation of the stay, the agreed cancellation conditions are as follows:
=>For any cancellation by the Tenant, the fees will be as follows:
More than 30 days before the arrival day, the tenant loses 30% of the total amount of the stay.
Less than 30 days before the arrival day or without presentation on site, the tenant loses 100% of the total amount of the stay.
If the Tenant does not show up within 48 hours of his initially scheduled arrival in Article 2, the Landlord may rightfully refuse to hand over the keys and re-rent the premises.
=>For any cancellation by the Landlord, the Tenant will be fully and immediately reimbursed for the amounts paid.
11.2 Stay postponement
In case of legitimate and serious impediment, the Tenant may ask the Landlord to postpone the dates of his stay.
In this case, the Landlord will be free to accept or refuse this request considering the periods and reservation schedule of the apartment
If no postponement can be offered to the Tenant, the cancellation conditions of the stay referred to above will apply, notably concerning the sums already paid by the latter. In the event of agreement between the parties on a solution to postpone the initially planned stay, the expenses and charges possibly incurred by this cancellation shall remain the responsibility of the Tenant. However, it is specified that the new rental will be governed and subject to these, in particular regarding the payment of rent and cancellation conditions.
Article 12 – Rental confirmation
The Tenant’s rental offers do not constitute a unilateral promise of rental.
Thus, the contract will be deemed concluded between the Tenant and the Landlord only once the latter has returned to the Tenant the contract countersigned by the Landlord.
Any reservation is effective only after payment and actual cashing of the deposit equivalent to 100% of the total amount of the stay (last minute booking).
Article 13 – Insurance
The tenant is responsible for the damages he may cause to the rented property, movable or immovable.
Article 14 – Information on the security of the Château de Bernières
Occupants must ensure that the doors and windows of the Château de Bernières are closed when they are absent.
The Landlord shall be relieved of any liability for theft suffered by the tenant or the persons occupying the apartment with him.
Children must be under adult supervision at all times in the rented premises.
Article 15 – Animals
Out of respect for interiors, the environment, and allergic risks, pets are not allowed in the accommodation, except with the prior agreement of the landlord.
Article 16 – Assignment of the contract by the Tenant
Assignment of the contract by the tenant to an assignee is prohibited.
Failing this, the Landlord would be able to terminate this contract without any possibility of compensation for the benefit of the Tenant.
Article 17 – Resolutive clause
In the event of non-performance, by the tenant, of any of his obligations and, in particular, in the event of non-payment of a single term of rent or its accessories, or even in the absence of payment of any amount due, or of non-compliance with any of the obligations defined herein, the Landlord shall have the right to terminate this contract automatically.
At the end of the lease, the Tenant undertakes to vacate the premises of all occupants and their personal effects. He shall not be entitled to any right to remain in the premises, nor to any compensation from the Landlord, except in the event of fault on the part of the latter.
This termination shall take effect, if the Landlord deems it appropriate, forty-eight (48) hours after the occurrence of the first default or wrongful behavior of the tenant or his occupants, without the need for any judicial request.
In any event, if the tenant refuses to leave the premises, even though the lease has been terminated automatically, his eviction may be ordered by a simple order of summary judgment, rendered by the President of the Tribunal de Grande Instance which will be enforceable provisionally.
Article 18 – Conciliation – Disputes
These General Conditions of Rental as well as the furnished seasonal rental contract are subject to French Law.
In the event of a dispute, difficulty, or disagreement in the execution, interpretation, or termination of this rental contract, the parties shall do everything necessary to seek an amicable solution to their dispute.
To this end, they undertake to meet at the initiative of the most diligent of them in order to examine the conditions and modalities for implementing a possible amicable settlement.
If, however, at the expiration of a period of two (2) months from the request of the most diligent party, no arrangement is found, each of them will have the right to refer the matter to the competent territorial jurisdictions.
Article 19 – Personal Data
The Château de Bernières undertakes that the processing of personal data carried out complies with the General Data Protection Regulation (GDPR) and the Data Protection Act.
Our online service limits the collection of personal data to the strict necessary (data minimization)
The personal data collected is processed using secure protocols and allow the Landlord to manage the requests received in order to process them.
For any information or exercise of your rights concerning Personal Data Processing, you can contact us by mail (with a copy of your identity card) at the following address: Château de Bernières – 53 Route de Creully – 14990 Bernières sur mer
Article 20 – Application of the General Rental Conditions
The Tenant acknowledges that he has read these General Rental Conditions and the Seasonal Furnished Rental Contract to which they are attached, and that he accepts them in full and without reservation.
These General Rental Conditions apply from the day of their signing and may be subject to change without notice.
In case of a dispute or discrepancy between the French and foreign versions of the General Rental Conditions, the French version shall prevail.