CONDITIONS GÉNÉRALES DE LOCATION
Article 1 - Definitions and Presentation of General Conditions
The "landlord" or "owner" referred to hereafter is: CHALET L'AULP BH INVESTISSEMENTS 50169247900030 Chalet L'Aulp, La Plagne Montalbert, 73210 Aime La Plagne 0626223204, the owner of the premises offering accommodation (or a set of accommodations) located at Chalet L'Aulp, La Plagne Montalbert, 73210 Aime La Plagne, referred to hereafter as "accommodation". Any rental contract (hereafter referred to as "contract") or other written agreement between the landlord and a tenant takes precedence in case of contradiction over the clauses of these general rental conditions. By default, the clauses of the general conditions address points not covered by other specific written agreements.
Article 2 - Inventory
The owner declares that the premises offered for rent meet the characteristics of decent housing as defined by decree no. 2002-120 of January 30, 2002. An inventory is a document that describes in detail the condition of the accommodation and its equipment, room by room. It helps determine if the rented premises have been damaged during the rental period. In case of damage, the owner can compare the entry inventory and the exit inventory to request compensation for damages caused by the tenant. According to article 1730 of the Civil Code, the tenant must return the accommodation in the same condition as received, except for what has deteriorated due to wear and tear or force majeure. An entry and exit inventory are drawn up jointly between the parties, meaning both the landlord and the tenant must be present or represented, and agree on the content before signing it. The inventory must be made in writing in two copies, signed by the owner (or their representative) and by the tenant. In the absence of an inventory, article 1731 of the Civil Code presumes that the tenant received the accommodation in good repair and must return it in the same state, unless proven otherwise (e.g., with photographs of the accommodation). The tenant is therefore assumed to take and return the accommodation in perfect condition.
Article 3 - Obligations of the Owner
The owner is obliged to provide the tenant with clean and well-maintained accommodation, in accordance with the descriptive state of the accommodation. The owner must make all necessary repairs during the rental period, as stipulated in article 1720 of the Civil Code. This does not include rental repairs, as enumerated by the decree of August 26, 1987. The owner is required to maintain the accommodation in a usable condition for its intended use. The owner must ensure the tenant's peaceful enjoyment of the accommodation. The owner must guarantee the tenant against defects or faults in the accommodation that prevent its use, even if the owner was unaware of them at the time of signing the rental contract. If the tenant suffers a loss due to these defects or faults, the owner must compensate the tenant, as stipulated in article 1721 of the Civil Code.
Article 4 - Obligations of the Tenant
Arrival and Duration of the Rental: Unless otherwise stated in the contract, entry into the premises will take place from 5 PM on the first day of the rental, and departure before 10 AM on the last day of the rental. If the tenant decides to leave the accommodation early, no partial refund is automatically due from the owner. The tenant cannot, under any circumstances, claim any right to remain in the premises beyond the end of the stay provided in the rental contract.
Capacity: The premises offered are properly equipped for accommodating and hosting a maximum number of people specified in the accommodation description or in the rental contract. Unless expressly authorized by the owner, the tenant agrees to respect these accommodation limits for everyone's safety and the proper maintenance of the premises. If the number of people exceeds the accommodation capacity, the owner may refuse the additional persons or demand an extra fee. This refusal cannot be considered a modification or termination of the contract initiated by the owner, so in case of departure, no refund can be considered.
Pets: Unless otherwise stated in the contract, pets are not allowed in the accommodation, and their stay will be refused by the owner. In case of refusal by the owner to accommodate certain pets, this refusal cannot be considered a modification or termination of the contract initiated by the owner, so in case of departure of the tenant, no refund can be considered.
Respect for the Premises: The tenant is required to use the accommodation in a responsible manner and to use the premises peacefully without disturbing the neighborhood. The tenant must use the accommodation in accordance with its intended use as provided in the rental contract. The tenant is required to maintain the accommodation themselves and to return it in a clean condition upon departure. In case of non-compliance with this obligation, the owner has the right to claim a flat fee from the tenant to cover the cleaning costs of the accommodation. The seasonal rental is granted exclusively for residential use. Therefore, it is forbidden to carry out professional or commercial activities there. The tenant is required to occupy the premises personally and cannot sublet or transfer the rental contract. The tenant must ensure their liability is covered by insurance against rental risks. The tenant is required to pay all amounts due, including rent, security deposit, and, if applicable, charges and tourist tax by the date specified in the rental contract. If Internet access is used by the tenant from the rented accommodation, the owner cannot be held responsible for any misuse of this access; the user of this connection will be considered responsible for any illegal or immoral use of this connection, including illegal downloading of works and files, sending mass emails (spamming), and attempting to gain unauthorized access to a computer or network.
Article 5 - Urgent Repairs
If the accommodation requires urgent repairs that cannot be postponed until the end of the rental contract, the tenant cannot refuse them, even if these repairs cause inconvenience and even if the tenant is deprived of part of the accommodation for a certain period. However, if these repairs last more than 21 days, the rental price must be reduced in proportion to the time and part of the accommodation that the tenant was deprived of. The tenant may terminate the rental contract if the repairs render the accommodation uninhabitable, in accordance with article 1724 of the Civil Code.
Article 6 - Cancellation or No-Show, Deposit and Advance Payment
Before the contract's effective date: The owner and the tenant are not bound by any commitments stipulated in the rental contract or in these general conditions if, on the date specified in the contract, the owner has not returned the signed and approved contract and the requested deposit, or if the owner does not confirm the reservation. If the owner does not follow up on the reservation request, the deposit must not be retained by the owner and must be returned to the tenant as soon as possible.
After the contract's effective date: The initial amount paid by the owner to the tenant is considered a deposit; therefore, both the owner and the tenant can withdraw. According to article 1590 of the Civil Code, if the tenant withdraws, they lose the deposit paid. If the owner withdraws, they must refund the tenant double the deposit. The initial amount paid as a deposit will be considered an advance payment from 60 days before the first day of the rental, and the tenant will be considered committed and can no longer withdraw simply by losing the amounts paid. Advance payments imply that the contract's commitment is considered definitive. If the tenant cancels the rental or does not show up on the date specified in the contract, the owner has the right to claim 100% of the rent specified in the contract from the tenant if they cannot find a new tenant for the period in question. In case of cancellation of the rental contract by the owner after the payment of an advance, the tenant may claim compensation from the owner for the damage suffered.
Snow Guarantee: In case of closure of all ski slopes providing access to La Plagne Montalbert, the tenant may cancel their rental without any penalty. The tenant must notify the cancellation of their rental by email to chaletlaulp@gmail.com no later than the day before the arrival date at midnight.
Article 7 - Security Deposit
Upon arrival and key handover, the owner has the right to require the tenant to pay a security deposit, as stipulated in the contract, to cover any damage that might be caused to the accommodation and its furnishings, or if necessary, to deduct any rental charges not included in the rent if stipulated in the contract. Any lost, broken, damaged, or deteriorated object must be replaced or reimbursed to the owner at its replacement value by the tenant, who is obliged to do so. This non-interest-bearing security deposit cannot be considered as partial payment of the rent and will be refunded after the return of the keys and after deduction, if applicable, of repairs or rental charges, at the tenant's departure or no later than 3 months after this departure. The owner must then provide the tenant with justification for the amounts deducted from the security deposit. The return of the keys to the owner at the end of the rental does not waive the owner's right to claim damages for rental repairs if they prove that the damage is the tenant's fault.
Article 8 - Insurance
The owner may require the tenant to be insured with a well-known insurance company against risks of theft, fire, and water damage, both for their rental risks and for the furniture provided for rent, as well as for claims from neighbors, and to provide proof upon the owner's first request. The owner declines all responsibility for claims that their insurance company might make against the tenant in case of a disaster.
Article 9 - Other Remarks
For the execution of these terms, the parties elect domicile at their respective addresses indicated in the contract. In case of dispute, the competent court will be that of the location of the rented premises. If any provision of these general conditions is deemed illegal, void, or unenforceable for any reason, that provision will be considered severable from