General terms and conditions
ARTICLE 1 The general terms and conditions
- HRP is a cooperation between small rental companies sharing the same vision. They work in a similar way and will therefore apply similar terms and conditions.
- Renter: the natural or legal person entering into an agreement to rent a holiday house offered by one of the HRP colleagues. The tenant may only be a person who has the capacity to enter into a legally binding agreement, and shall, in the case of a natural person, be at least 18 years old.
- Owner: natural or legal person who owns the house is, as well as the local representative.
ARTICLE 2 Reservation and payment
- A request to reserve a particular house must be confirmed in writing as soon as possible.
- The tenant is obliged to pay an advance of 25% within 7 days after acceptante of the rental agreement. For bookings made less than eight weeks before the date of arrival, the total rent is payable immediately.
- If the advance payment is not received within this period, the contract shall automatically be canceled and the HRP colleague will have the right to re-rent the property for the relevant period.
- A reservation is effective once the remaining sum is credited to the account of HRP colleague at the latest eight weeks before arrival. On the reservation, the general terms and conditions apply. Tenant declares to pay the amounts due in respect of rent by bank transfer.
ARTICLE 3 Data of the rental object
- The tenant declares that he has prior knowledge of the necessary information on the rental property. A complete description of the rental object can be found on ourwebsite: www.holidayrentals-provence.com, the conditions for the rental and other details related to the rental are listed in the contract to which these general terms and conditions are inextricably linked.
ARTICLE 4 Obligations of HRP
The obligations of HRP towards tenants are as follows:
- Reception of the tenant on arrival at one of the reception locations of HRP (if possible) close to the rental object. At this reception HRP will hand over the keys of and a description of the route to the rental object.
- If agreed in the rental agreement, the tenant will receive linens.
- The tenant will get a verbal reminder concerning the time of departure which is important to do the compulsory final cleaning. With tenants their specific wishes and/or the requirements as contained in the contract and/or house rules will be discussed.
- At the time of departure of the tenant after the rental period, HRP will – taking into account what is stated in article 7 hereafter – refund the deposit by bank transfer.
- HRP will do its utmost to repair or replace equipment at the earliest possible date if technical problems occur during the stay of tenants.
ARTICLE 5 Obligations of the tenant
- The contract allows the tenant to occupy the rented object only for the period that has been booked. The tenant acknowledges with signing of the contract that they enter a short term rental and that he has to deliver the rental object empty (with the exception of inventory of owner) at the end of the rental period. The tenant has no other right to the rental object than to inhabit this temporarily for the agreed period.
- It is not allowed to exceed the maximum number of persons specified in the rental agreement. Only the persons listed in this agreement are allowed to stay in the holiday home.
- The tenant will give immediately a written notice to HRP of any damage to the rental object or its inventory caused by actions or negligence on the part of the tenant.
- The tenant declares that he will inhabit and manage the rental object and its inventory with due care and that he will respect the privacy and tranquility of owners (and/or other tenants) of surrounding plots.
- The tenant will allow HRP and/or the owner to access the site and the rental object at any time in order to be able to carry out repairs or for other necessary actions.
- The tenant is obliged to return the rental object clean, at least in the state in which he found it at the beginning of the rental period. The tenant is also obliged to return the furniture and other things that he found in the rental object (except linen) clean and in the same place, as these were found upon arrival.
- The tenant accepts the obligation of a final cleaning and the costs as stated in the rental agreement.
- The tenant will not use the internet connection (if available) to reproduce copyright protected works and will avoid consulting of illegal information on the internet. The tenant is aware that this is a criminal act and in case of violation, the fine can be up to € 1,500 per month and disconnection of the access to internet. The tenant agrees to all measures which are considered necessary to avoid fraudulent or illegal use of the internet during his stay. The tenant acknowledges his responsibility in this matter and accepts all claims to compensate damage arising for the owner caused by fraudulent or illegal use of the internet during the rental period.
- A non-smoking policy applies in all holidayhouses. Outside the house smoking is allowed, but tenants at all times have to remove properly the cigarette butts. In forested areas, smoking is strongly discouraged.
ARTICLE 6 Cancellation
Cancellation by the tenant
Cancellation shall be made by registered letter addressed to HRP.
In case of cancellation, the tenant can claim back the rent already paid minus a deduction depending on the date of cancellation. The percentages that will be subtracted from the refund are as follows:
- cancellation 90 days and more before arrival 10% of the total rental fee
- starting from 89 days to 30 days before date of arrival, 25% of the total rental price
- starting from 29 days to 8 days before date of arrival, 75% of the total rental fee
- starting from 7 days and less before arrival date 100% of the total rental fee.
Cancellation by the owner
- If, after a booking by the tenant, the owner cancels the availability of the rental object less than 6 months prior to the planned arrival of the tenant, the total rent paid by the tenant will be repaid, unless HRP finds an alternative rental object for the tenant for the same period and comparable to the primary rented object in terms of comfort, environment and price level. Tis will always be done in consultation with the tenant.
ARTICLE 7 Deposit
- The deposit will be paid by bank transfer to HRP. HRP shall ensure that this amount is deposited on a separate third-party account of HRP. At rental properties where the owner himself receives the tenant on site, the deposit will be paid in cash upon arrival.
- The deposit will be refunded to the tenant after departure, after approval by HRP or the owner of the adequate delivery of the rented object. This approval will be given by HRP or the owner within a period of ten days after departure. If the owner does not communicate his approval within this period and nothing else is agreed with the tenant, HRP presumes that the owner agrees with the refund of the deposit.
- In the event of damage which is estimated to be higher than the deposit, found at or after departure of the tenant, a report will be made by the owner or by an expert. After HRP receives this report, HRP will inform the tenant about the amount necessary to repair or replace the damages. The tenant will receive a copy of the mentioned damage report. The tenant is obliged to compensate for this damage (see article 8.5). In case of damage found at or after departure of tenant, estimated less than or equal to the amount of the deposit, the repair or replacement of the goods is, after consultation of the owner, charged directly to the deposit.
- If the tenant fails to notify HRP timely in case of damage and damages have to be repaired or goods have to be replaced on Saturday, in addition to the costs of repair/replacement also an expense allowance of € 25.00 per hour for hours or travel expenses will be charged by HRP.
- The tenant agrees that, in case of damage to the rented object or accessory, inflicted by acts or omissions of the tenant during his stay in the rented object, the entire deposit can be retained. In case this amount is not sufficient for compensation for the total loss or damage as stated in the report, the tenant will pay the remaining amount necessary for repair and/or replacement to the owner (on the indicated account number) upon written notice by HRP and/or owner within a period of ten days after the date of this notice.
- A deduction from the deposit is also permitted if the tenant does not return the rented object empty within the agreed terms or at the failure by tenant of his other responsibilities arising from the contract. Retainment of the deposit does not relieve the tenant of his duty to other compensations that the owner can ask when the rented object is not returned empty within the agreed terms.
- The tenant agrees that HRP can not be held responsible for deductions on or retainment of the deposit and/or other claims to compensations that the owner can ask in case of damage or when the rented object is not returned empty within the agreed terms. The decision to refund the deposit as well as the decision about any other compensation lies with the owner, the settlement of these decisions with the tenant may be delegated by the owner to HRP.
ARTICLE 8 Conformity, changes to the rented object, technical malfunctions, accidents and use of the swimming pool.
- Conformity. The description of the rental object, in documents or on the internet site of HRP, must be in accordance with the reality and approved by the owner. HRP and the owner will do their utmost to ensure that information regarding the rental object with accessories, the location of the rental object, as well as the description of the existing furniture, is as complete as possible.
- Non conformity. The tenant will inform HRP within 24 hours after beginning of the rental period, if the condition of the rental object and/or premises and/or inventory, are not in conformity with the description. After such information, the owner and HRP will work to provide a suitable solution.
- If in the imaginary case, despite all precautions, changes occur to the rental object before the rental period of a tenant starts, HRP will notify the tenant without any delay.
- The owner however cannot be held responsible by the tenant for a possible reduction of rental pleasure by modifications to the rental object, occurring after publication of the information of this rental object, which are not due to his acts or to his inactivity.
- Technical malfunctions. The owner cannot be held responsible for electricity failures, defects to supply of gas or water or disturbances to electrical equipment that are not directly due to his actions or his negligence.
- Accidents and use of the swimming pool. The owner does not accept liability for any accidents in or around the rental object unless injuries to persons or the death of persons are directly due to his negligence. The owner rejects every liability regarding accidents related to the use of or access to the pool, except as an accident is due to the owners failure to comply to the applicable requirements for security and access to swimming pools.
ARTICLE 9 Final provisions
- The contract and the terms and conditions related to the contract, have been drawn up and will be interpreted to the rules of private international law.
- Any provision in the contract that is considered not applicable, will be considered as not written. Parties agree that, in case of cancellation of any provision of the contract, the other provisions of the contract remain in force.
- The contract, including the signed attachments, include all existing agreements between HRP and the tenant and replaces any other verbal or written contract as well as any (form of) correspondence between HRP and tenant about the rent and rental of the rental object and related matters.
- The tenant declares in writing (mail or email) to have read and to accept the contract and the general terms and conditions for rental that are linked to the contract. Agreement with the contract and the general terms and conditions by e-mail is deemed to be authentic.