Pietri Agency - Prestige properties and personalised services

Terms and conditions

Pietri Agency rental contract agreements
RENTAL AGREEMENT SEASONAL FURNISHED

THE PRESENT RENTAL AGREEMENT CONSISTS OF:

- An initial part comprising all particular and specific provisions of the present rental;

- A latter part comprising all general provisions applying to this rental.

Between the undersigned hereinafter referred to as «THE OWNER» and «THE LESSEE» it has been done and agreed as follows:

By the presents, THE OWNER give the lease to THE LESSEE who accepts, the property whose location and description follow and those, according to specific and general provisions as below:

1 – PARTICULAR PROVISIONS

1.1. – THE OWNER
Represented by Pietri Agency, the trading name of OEPF SA, registered in Nice with siret number 43250959400060, located at 1 Passage Meyerbeer, 06000 Nice.

1.2. – THE LESSEE
Client’s full name
Main address:
City: Country:
Tel: Fax:

1.3. – RENTED PREMISES
Villa: Reference
Address:
City:
Premises purpose: To be used exclusively as a seasonal furnished accommodation rental. The whole of the property is for use of the lessee,
including garden furniture, pool beds, and the terrace furniture

Designation and summary description of the rented premises and
number of persons planned:
Equipment for common use: All of the premises.
The property will sleep a maximum of ….. adults

1.4. – RENTAL AGREEMENT TERM
Agreement effective date on:______________ 2012 at 16H
Agreement expiry date on: _______________ 2012 at 10H

The lessee shall advise 48 hours in advance of his approximate time of arrival and both THE LESSEE and THE OWNER agree to make an appointment on arrival for the arrival formalities.

The lessee agrees to make an appointment 48 hours before his departure from the rented property for the departure formalities.

Arrival formalities: The parties will control the rented premises and will mutually sign an inventory protocol giving detailed information about the existence and the conditions of the premises.

Departure formalities: The parties will control the rented premises and will write down any relevant damages, loss etc of the premises and sign such additional protocol. Such will be the basis of an eventual claim of the owner concerning the guarantee deposit.

If the lessee would like to extend his stay, it agrees to make the demand to the owner 48h00 prior to departure date. If the extension is available, the lessee agrees to pay all the rent regarding the mentioned period immediately.

At the expiration of this present agreement, the lessee is deprived of his legal right to occupy the premises. If he remains in occupation after the lease expires, the lessee will owe a weekly occupancy of twice the amount of rent charged on her last weekly basis plus all expenses, taxes and accessories without obtaining a formal rental contract.

1.5 PRICE

The total amount of the rental, to be paid by the lessee for the above period is of_____________ thousand €uros ( 000€). This price is inclusive of electricity (up to 100 EUR/ week), regular cleaning for three hours per days (except on week-ends), swimming pool, garden maintenance, tourist tax.

1.6. – ADDITIONAL CHARGES

The supplementary cleaning to the hours that are included in the rental price, electricity over 100 E / week, telephone, video on demand available are not included in the price.

1.7. – SECURITY DEPOSIT

The amount of the security deposit: ___________thousand €uros ( 000 €). This amount shall be paid imperatively 70 days before the arrival date. The present contract will be terminated if the full security deposit is not paid as stated in this contact. Proof of the funds transfer is demanded by the lessee’s bank to confirm the wire transfer which will act as a confirmation.

The lessees can only take possession of the premises upon the full payment of this deposit and can not claim any damages with regard to the cancellation of this contract, the total amount of the rent will be retained by the owner.

The deposit will be returned to the tenant in the same form that it has arrived. If it has arrived as a transfer into the agency’ account, then the funds will be returned only to the identical account from which the monies came from.

1.8. – PARTICULAR CLAUSE: INSURANCE

The lessee expressly mandates the owner to obtain civil liability insurance from AXA insurance company to cover liability for accidental damage to the property (fire, flood, theft, and any damages due to the premises). The cost of this insurance is included in the rental price but it does not replace a travel insurance cover or any other insurance policy which may cover the lessee from personal possessions or small damages or loss that may occur during the lessee occupancy.

2 – GENERAL PROVISIONS

2.1 – Designation of Rental premises – Duration – Inventory Protocol

2.1.1 – Designation and Duration of rental premises

The LESSEE agrees on those followings:
- To not use the rental premises differently than as an exclusive seasonal furnished accommodation rental.
- To not use the rental premises as a commercial, industrial, handcraft, agricultural or professional activity.
- To not occupy the rental premises by persons who do not figure on the booking form sent to Pietri Agency & signed by the lessee at the moment of the reservation.

Renting time may not be extended without the owners’ prior agreement, and the lessee accepting so. The lessee agrees that he will not exercise any other rental agreement within the mentioned property and that the premises subject of the present agreement is only rented to him as a temporary residence.

The LESSEE also shall not make any structural or decorative modifications; the rental premises must be returned in their original condition, this condition is an essential and determining condition without which the OWNER would not have agreed to conclude this present rental agreement.

2.1.2 – INVENTARY PROTOCOL

The LESSEE will take the property leased in the state where they will find themselves at the time of taking possession and agree to sign an inventory list.

As a result of the foregoing stipulations, the OWNER will always be deemed to meet all his obligations and in particular those covered by section 1719 of the Civil Code.

2.2. – PRICE

The lessee will transfer a 30% reservation deposit of the total rental amount, an amount of ________thousand hundred €uros (00€) within five business days following the booking form filled, signed and sent by fax to Pietri Agency. Once the wire received, an invoice will be sent to the lessee by email.

The remaining 70%, an amount of_______ 00 Euros (00€) is due no later than 70 days prior to arrival.

In the case of the above conditions are not fulfilled, the owner holds the right to immediately re-rent the premises. All payments by lessee will be paid to the owner’s representative, which agrees with both other parties to hold the deposit on behalf of both parties.

Upon arrival to the villa, Pietri Agency representative will provide the lessee with all relevant keys for the property, remote controls for the villa entrance gate & wireless remote to customize sound & light of the garden.

Pietri Agency confirms that they have never had any technical issues with the arrival of clients to their rented properties and that all taking
over procedures are carried out punctually and professionally.


2.3. – SECURITY DEPOSIT

The security deposit is paid to meet the damages that may be caused to the rented property and its furniture or any other objects during the rented period.

This will also be used to pay for any various charges and consummations which may have arisen during the rented period (electricity, telephone, video on demand).

The remaining sum will be repaid with all necessary deductions being made within a maximum period of one month of expiration of this contract.

If the security deposit turns out to be insufficient for all of the damages or loss, the lessee agrees that OEPF will charge the amount on the credit card which figures on the reservation form signed by the lessee when he booked the property.

The owner must document all deductions from the security deposit and copies of these documents shall be sent to the lessee no later than
_________the 2012. The balance of the security deposit must be paid back to the lessee by, at the latest, __________the 2012.

The security deposit is received, kept and will be returned by OEPF.

2.4. – LESSEES OBLIGATIONS

– The LESSEE shall enjoy the premises in good family man, do not commit any abuse of use which may affect either the strength or the good care of the property, or may oblige the liability of the OWNER to the neighbourhood. In particular, the lessee will not put anything on the window supports, balconies and openings onto any street or court, which might endanger or cause annoyance to the neighbourhood. The lessee may not hang out any particular object, kitchen utensil, cloth, or any tool. The lessee will avoid noise likely to disturb the neighbourhood, including to decrease the volume of any hifi devices, TV or any device reproducing sound in such a way that the
neighbourhood would not have to complain.

– The lessee undertakes to accept the rented premises in the current condition when entering into possession, which is described in the
inventory of fixtures annexed to this contract upon the clients arrival. In the case of the premises being rented without been seen, the lessee does not hold the right for damages or reduction of the price of rental if the property does not correspond with the idea that he has. OEPF officially declares that all information and photographs that have been supplied to the less have not been changed or graphically modified and are indeed of the villa referred to in this contract.

– The furniture and other movable objects must only undergo the wear and tear due to the normal use for which they are intended. Those which at the expiry of the present agreement will be missing or unusable for future use shall be paid for or replaced by the lessee with the owners’ agreement. Such provision also applies to wallpaper, paint, curtains and to the general state of the property.

– If necessary the following will be deducted from the security deposit:
a. the value of broken or cracked objects.
b. the price of washing or cleaning of carpets, blankets, mattresses, or any other item that has been stained.

– The lessee undertakes to use the furniture and objects supplied within the rented property for their intended purpose and to be used solely where they have been left by the owner. The lessee formally promises to not move them out of the rented premises.

– The lessee shall strictly abstain from throwing waste into the washbasins, baths, bidets, sinks, wash tubs, etc. … any objects that are likely to block the pipes, otherwise he will bear the costs for putting such appliances back into service following proof that these objects caused the malfunction.

– Under any circumstances & on no account, the lessee shall not sub-rent or transfer his rights from the present lease, without the owners specific agreement; he shall use the rented premises for residential purposes only and may not on any account, store furniture there, except linen and personal objects.

– The lessee shall allow access to urgent work required for maintaining the property in good condition, without being able to claim any compensation. This however is providing that all urgent work is limited to six hours per day for no more than three consecutive days and no more than five days during the term of this contract.

– The lessee does not have the right to bring animals into the property without the specific written agreement from the owner.

– The lessee must inform by telephone the owner of his departure 48 hours prior, for the departure formalities. In the case of a departure without rendez vous, the lessee accepts the inventories of the fixtures that are made by the owner.

– If the lessee leaves without making an appointment with the owner and takes with him keys remote controls, cards and all other ways of access into the property, the lessee is liable to pay the costs of changing the locks, cards and remote controls and will be deducted from his guarantee deposit.

– The lessee, within three days of taking possession, shall inform the owner of any verified anomaly.

2.5 – OBLIGATIONS OF THE OWNER

The owner agrees to make the premises available to the advertised state and to respect the obligations of the present contract. This includes the premises are in good order, clean with fresh sheets and towels, all electronic equipment in working order, impeccable garden, clean swimming pool and ready for use, entrance gate functioning and all personal items stored away. The owner also agrees to replace or repair all broken items which may occur during the period which have not been broken or damaged by the tenants.

2.6 – SWIMMING POOLS

For all properties rented with a swimming pool, the owner is obliged to provide a conformed security system. This device will be explained to the lessee upon his arrival but does not take away the need for close surveillance of children. If the lessee decide to not switch on a security device or to remove a swimming pool protection in the rental property, OEPF can not be held responsible for any accidents that may result.

2.7. – INSURANCE

The lessee is obliged to take out an insurance policy against risks of theft, fire, broken glass and water damage and third party liability as defined under French law. A copy of this policy must be faxed to OEPF before entrance to the property.

The LESSEE obliges himself to notify promptly the owner by writing regarding any damage or any loss incurred on the leased premises. Falling that, the lessee may be liable. It would also be liable to the owner for any aggravation of the damage occurred after that date.

The LESSEE agrees all damages and loss will be charged on security deposit and this amount is due to the lessee by his insurance policy.

2.8 – TERMINATION

Failing payment on the fixed dates or in the event of non fulfilment of any provision of the present agreement and eight days after a formal demand that has remained ineffectual, the parties may require immediate termination of the present agreement.

The lessee shall leave the rented premises upon order from the judge on referral matters. If he refuses, his eviction will take place on simple summary judgment. The security deposit in this present agreement will be retain by the owner as a penalty clause in action for redress received.

2.9 – CANCELLATION BY THE LESSEE

All cancellation by the lessee must be in writing and signed from the person who made the booking. either by special delivery or facsimile. If the cancellation notification is received 70 days prior to lessee arrival, there are no fees and the lessee will recover the full amount of deposit he made. Thereafter, the following percentage of the total holiday price will be payable as a cancellation charge by the lessee:
- Between 70 days to 56 days before arrival: 50%
- Between 56 days and the arrival date: 100%

2.11 – FORCE MAJEURE

OEPF can not accept any liability for compensation where performance or prompt performance of its contractual obligations is prevented or affected by reasons outside our control or by circumstances amounting to force majeure.

2.12. – CONFERMENT OF JURISDICTION

This agreement will be governed and construed in accordance with French law. Any court action will be judged in the courts of Nice, France.

On

Pietri Agencyr representattive signature
Handwritten words
“Read and approved”

Lessee’s signature
Handwritten words
“Read and approved”

Number of words void: . . . .
Number if lines void: . . . . .