rental agreement for the property shall be under French Law but
subject mainly to the jurisdiction of the courts of England and Wales
under Article 16(1) of the 1968 Brussels Convention.
2. The agreement shall be
between the parties named in the completed booking form, for the
rental of the property for the period of time stipulated therein,
commencing and terminating on the dates and times specified. The
property, "Les Châtaigniers", is described in
3. The rent for the period shall
be as stated on the booking form. A 20% deposit shall be payable on
booking with the balance payable six weeks before the commencement of
the rental period. In the event of non-payment the booking will be
cancelled and the advance payment forfeited.
4. A returnable "damage
deposit" of £200 shall be advanced with the final payment.
This deposit does not constitute "arrhes" or
"dédit" and the parties waive the provisions of
Article 1590 of the French Civil Code.
5. The rent shall include water,
electricity and bottled gas.
6. The tenant undertakes to look
after the property and to replace any of the contents that may be
damaged (like for like) or to advise the landlord or his agent of any
repairs that may be required and to agree a reasonable payment for
said damages (if they are beyond fair wear an tear and occasioned
during the rental period). The tenant further undertakes not to cause
disturbance to occupiers of neighbouring properties and in particular
not to make any noise audible outside the property between 2300 hours
and 0700 hours.
7. The tenant undertakes to
limit the occupancy of the property to a maximum of seven people and
to leave the property at or before the agreed time on the agreed day.
The tenant and his or her family/guests shall not bring pets or
animals on to the property. Tenants are asked not to smoke in the house.
8. The landlord undertakes to
maintain the property in working order. The tenant undertakes to
provide access for the landlord or his agent to the property for the
purpose maintenance. The tenant shall notify the landlord (or his
agent) of any defects requiring rectification as soon as practicable.
9. The property shall be left as
far as possible in the condition it was in on arrival. In the event
that additional cleaning is required there will be a deduction
from the damage deposit.
10. The landlord shall not be
a. temporary stoppages in the supply of public utilities;
b. loss, damage or injury resulting from adverse weather
conditions, riot, war, strikes or other matters beyond the landlord's control.
Note of explanation: Rental
agreements in France are ultimately governed by French law
(determined by physical location) however a resident of England
and Wales letting property to another resident of England and Wales
can stipulate under the Brussels Convention that for the most part
disputes can be resolved if necessary under English Law. There is of
course an assumption in law that all parties to an agreement behave
reasonably. The damage deposit used above is termed a
"dépôt de garantie" in french and is the term
appropriate to a damage deposit in English Law, hence the
clarification that it does not constitute "arrhes" or
"dédit" which is not similar to English Law.
Insurance: Tenants are
recommended to take out holiday insurance to cover cancellation
costs, personal possessions and third party liability.
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