HOLIDAY RENTAL AGREEMENT
In consideration of the rents received and the individual promises contained herein, the Owner of the subject property, does hereby lease and rent to Tenant and Tenant hereby leases the property: Au Palouque, Caixon, France 65500 (Property), under French law and the following terms and conditions.
1. The deposit is due at the time of making a reservation. The Property is not reserved until funds are received in the amount required. The remaining balance, is due one calendar month prior to Tenant arrival and must be paid by credit card, personal cheque or by using electronic payment. If the reservation is made within one calendar month of Tenant arrival date, then the full rental amount is due on reservation. A security deposit of 500 Euros is also payable at this time unless otherwise agreed. Owner reserves the right to charge a 50 Euro handling fee on all returned cheques.
2. If a Tenant cancels his reservation and the Property is re-rented, the Owner may at his discretion pay back all funds received from Tenant less the deposit amount. If the property is not re-rented, Tenant will not be entitled to a reimbursement for any advance payment. Refund to Tenant, if applicable, will be made after the property is re-rented.
3. Property is inspected after each rental. The balance of the security deposit after deductions for phone calls, firewood, damage, missing or broken items and excessive cleaning will be returned to Tenant within four (4) weeks of the check-out date.
4. Check-in after the hour of 4:00 p.m. on the first day of the above stated rental period. Checkout time is 10:00 a.m. on the last day of the above stated rental period. Owner reserves the right to extend check-in time to 6:00 p.m. if necessary to allow extra time for cleaning and/or maintenance.
5. The requirement of Owner for the minimum age to enter into this Agreement for tenancy is 25 years of age.
6. There is provision for an expedited eviction procedure should you commit a material breach of this Agreement, or should you hold over possession after your tenancy has expired. Any material breach of this Agreement will result in the termination of your tenancy. Upon termination unless the property is re-rented, there will be no refund.
7. Occupancy of the rental property stated above includes children except children in cribs. Having more persons than the maximum occupancy of ten (10) is a material breach and will be cause for immediate termination of the Agreement and eviction with no refund. Any misrepresentations made by Tenant when making this reservation will result in denial of entry at check-in and Tenant will forfeit all rental monies previously paid unless the property is re-rented.
8. Tenant may not sublet property or assign this Agreement.
9. It is expressly agreed and understood that the Owner and/or Owner shall not be liable for circumstances beyond their control including malfunction or breakdown of appliances, heating or other cottage equipment including TV sets, modem, phone, or due to unfavorable weather, acts of nature, disruption of utility services or any other situation occurring not under Owners control and there will be no refund or rebates of all or any part of the rental fee in such circumstances. Trip Cancellation/Interruption Insurance is recommended to protect against unfavorable weather and Acts of God. If you do not take out Trip Cancellation/Interruption Insurance, you will not be entitled to a refund upon a mandatory evacuation. Upon the issuance of a mandatory evacuation or where Owner, in good faith, believes the continued occupancy of the property to be dangerous, then Tenant agrees to vacate the premises.
10. Owner shall attempt to maintain and make necessary repairs to said premises and appliances contained therein as expeditiously as possible after being notified by Tenant of any needed repairs. Owner, any employee or subcontractor of Owner, shall have the right to enter said premises during reasonable hours to examine and make such repair(s) as may be deemed necessary for the safety or comfort of Tenant. There are absolutely no rebates issued to Tenant for any reason due to malfunctioning of any appliance or service as every good faith effort will be made to ensure that property is maintained.
11. In the event that Owner is unable to deliver the property to Tenant under this Agreement because of fire, eminent domain, act of nature, or any other cause, or if the property is unavailable because of delay in construction or because of lack of sewer or water, or if the property is not in a fit and habitable condition, Tenant hereby agrees that Owners and Owners sole liability as a result of any such conditions is to refund all monies previously tendered by Tenant pursuant to the terms of this Agreement, which refund shall be promptly made by Owner. The Tenant also agrees that in the case of double booking, a full refund of all monies previously tendered by Tenant pursuant to the terms of the Agreement will be promptly made by Owner.
12. Mobile sleeping units, including tents, are not permitted on the Property. Breach of this condition is a material breach which will result in immediate termination of tenancy and eviction of Tenants.
13. Pets are not permitted. Tenant allowing pets in the Property is cause for immediate termination of this Agreement and eviction.
14. Smoking is not permitted inside the house. Tenant allowing smoking inside the house is cause for immediate termination of this Agreement and eviction. Tenant may also be charged for cleaning of curtains and upholstery.
15. Tenant acknowledges that unless Owner is notified on the day of check-in of any damage or cleaning concerns, then thereafter, all such damages or concerns to the property during the occupancy will be Tenants responsibility and must be reported to Owner and paid for prior to departure. Tenant covenants and promises to surrender the property in a good and the same condition as of commencement of the rental period, reasonable wear and tear excepted, and to reimburse Owner the amount of all damages. Tenants are expected to care for property as if it were their own. Tenant must leave property in a clean condition (dishes washed, rubbish removed, etc.) upon departure. Tenant agrees to be financially responsible for any damages to this rental property and/or its contents caused by the Tenants or Tenants guests negligence or willful conduct during the rental period.
16. Property is equipped with a telephone. Tenant agrees to pay for all phone calls made on this phone during the tenancy period.
17. (a) The Tenant hereby agrees to release and indemnify the Owner and his Owner from and against all liability, should anyone be injured upon the premises during the term of this Agreement, resulting from any cause whatsoever, except in the case of personal injury caused by negligent act of the Owner or his Owner or Owners employees. Tenant understands that there are special risks due to low beams in the Property. Tenant agrees to explain the risks to any guest they may have at the property and to be fully and solely responsible for any accidents their guest may incur. Tenant understands above risks and agrees that they will assume all responsibility for themselves and their guests for the consequences of those risks. Tenant also understands and agrees that they are responsible and liable and will pay Owner upon request for any damages that occur to the Property through his or his guests misuse and/or negligence. (b) Owner is not responsible for items left behind by Tenant or their guests. Items left behind will be held for a maximum of two weeks. After such time, all unclaimed items will be delivered to a local charitable organization. Upon request by Tenant, items left in the premises may be returned at Tenants expense through a pre-paid mailing service. (c) Certain amenities of the Property may be of a seasonal nature, such as, but not limited to, fireplaces, bar-b-que, etc. For such season items, they will only be available during the appropriate season and will not be available year-round.
18. If Tenant or any member of his party violates any of the terms of this Agreement or engages in, or anti-social or criminal behavior at the Property, then Owner may, at Owners sole discretion, terminate this Agreement with no refund of any of the unused portion of the rents and may enter the premises and remove Tenant, the members of his party and their belongings immediately.
19. Tenant will report any malfunction of any smoke alarm. Tenant waives any requirement that Owner place new batteries in a battery operated smoke detector at the beginning of the tenancy.
20. Tenant may not alter the current decoration of the property in any way without written permission from owner. Tenant may not chop or prune any trees or shrubs on the property without written permission from the owner.
21. In the event of lost key or keys, tenant will be responsible for having additional keys cut or replacing the locks if Owner considers replacement locks necessary to ensure the security of the property.
22. Should Tenant breach any of the terms of this Agreement or should Tenant be liable pursuant to any of the terms of this Agreement due to Tenants or Tenants guests negligence or misuse, then Tenant shall be liable for all costs, damages and expenses incurred including reasonable legal fees.
23. Tenant acknowledges and agrees that if subject property is listed for sale, it may be shown, provided Tenant is given reasonable notice. Should the present Owner transfer title to the real property which is the subject to this Agreement, the Owner is obligated to disclose to the Grantee certain information regarding existing Rental Agreements. For rentals which end more than one hundred eighty (180) days after the transfer to Owners successor in interest, the successor in interest will not be bound for any rentals which end more than one hundred eighty (180) days after such recording, unless the successor in interest agrees in writing to be bound. If such successor in interest does not agree in writing to be bound, you will be notified in writing and you will receive a refund of any payments made by Tenant.
24. No warranty is made, expressed or implied, as to the suitability (habitability) of the premises. By making a reservation I acknowledge that I have read this Agreement and agree to comply with its provisions in full. I understand that I am responsible for compliance by all parties who are using the rental unit during my tenancy. I certify that I am not a minor.
MAKING A RESERVATION, OR PAYMENT OF MONEY OR TAKING POSSESSION OF THE PROPERTY, IS EVIDENCE OF YOUR ACCEPTANCE OF THE AGREEMENT AND YOUR INTENT TO USE THIS PROPERTY FOR A HOLIDAY RENTAL.