Terms and conditions of sale
- Legal framework of the contract
- Establishing the Contract
- Duration and Extension, Deposit and Cancellation, Termination
- Expenses and benefits
- Security deposit
- Customer’s main obligations
- PARISIAN HOME’s main obligations agrees to:
- Criminal clause
- Resolution clause
- Inventory of furniture, Inventory and Presentation of the Apartment
- The nature of the present
- Election of Residency, jurisdiction in case of dispute
Legal framework of the contract
This furnished rental is concluded as a temporary, secondary occupancy related to the performance of a function or the occupation of a job. The premises can also be used as a temporary or tourist residence.
Under no circumstances will they be able to constitute the client’s main residence or residence. The CLIENT will not be able to engage in any commercial, artisanal or professional activities. Accordingly, the contract is governed by the provisions of Articles 1714 to 1762 of the Civil Code and by the conditions provided here which complement this legal framework.
Establishing the Contract
Booking and payment
- The CLIENT makes the booking online by paying the full rental and deposit and returns the signed contract to PARISIAN HOME.
- For rentals lasting less than 10 days, a simple one-month pre-authorization is applied to your credit card as a deposit and is automatically cancelled within the allotted time.
- For rentals lasting less than one month, the CLIENT makes the reservation by returning the contract signed to PARISIAN HOME with deposit of 50% of the rental price. The balance of the booking must be paid 15 days before the date of the apartment is made available.
- For rentals lasting more than one month, the CLIENT must return the contract signed to PARISIAN HOME with a deposit corresponding to 50% of the price of the first month of rental. The balance of the booking, corresponding to the first month’s rent, must be paid 15 days before the date
- If the booking takes place less than 15 days before the date the apartment is made available, the TENANT must return the contract signed to PARISIAN HOME with the corresponding payment, namely:
- For stays of less than one month, the full price of the stay
- For stays of more than one month, the entire first month’s rental.
Confirmation by PARISIAN HOME
Within a maximum of 10 days after receiving the deposit, PARISIAN HOME by acknowledging receipt of the deposit confirms to the TENANT the availability of the apartment.
Upon receipt of the confirmation sent by PARISIAN HOME to the TENANT, the commitment of the parties becomes firm, and the deposit retained by PARISIAN HOME.
In the event of an unforeseen unavailability of the apartment initially offered to the CLIENT, PARISIAN HOME reserves the right to transfer the TENANT to another similar or higher-class apartment. PARISIAN HOME cannot guarantee a particular apartment but only an apartment of the rate category reserved by the CLIENT or a higher category.
If the rent for this new apartment is higher than originally planned, the CLIENT will not have to pay the difference.
If the rent is lower than originally agreed, PARISIAN HOME will apply the new rate and return the excess payment to the CLIENT if necessary.
In the event that the CLIENT refuses the replacement rental proposed by PARISIAN HOME, the amount paid by the CLIENT will be returned in full, to clear any sums due.
Duration and Extension, Deposit and Cancellation, Termination
The duration of the contract is freely fixed between the parties. The expiry of the lease will take place as of right on the expiry date specified in the contract, without the need for any notification.
The rental cannot be extended without the express, prior and written consent of PARISIAN HOME.
If the CLIENT wishes to extend his stay, PARISIAN HOME will offer the same apartment, provided it is available. For his part, the CLIENT will endeavour to inform PARISIAN HOME within the following deadlines and before the end of the contract originally signed:
- Three days before for a stay of less than one month or less
- Two weeks before for a stay between 1 and 3 months
- One month before for a stay of 3 months or more
Deposit and cancellation
Given the time it takes for each apartment to be made available, a deposit is made by the CLIENT. In case of cancellation more than a fortnight before the apartment is made available, the amount of the deposit will be withheld and retained by PARISIAN HOME.
In case of cancellation less than a fortnight before the apartment is made available, the CLIENT is liable for the total amount of the stay within the limit of one month of stay.
Contract termination during stay
For contracts of less than 2 months, the interruption of the stay with early departure does not give rise to any refund.
For contracts of over 2 months, the contract can be terminated by email or mail: By the CLIENT, at any time, by notifying PARISIAN HOME two months in advance, a period reduced to one month in case of obtaining a first job, transfer, loss of employment or new employment following a loss of employment.
Assuming that the CLIENT is subject to the sliding rate (applicable to long stays of more than 6 months) and the termination results in an overall occupancy of less than six months, PARISIAN HOME will then apply to the CLIENT the monthly rate of less than 6 months.
· By PARISIAN HOME, notifying the CLIENT at least two months before the end of the contract. In the event of a decrease in the duration of the contract, the degressive rate will be maintained. In the event of a breach or non-compliance with the obligations of this contract by the CLIENT, the resolution clause may be applied (see XI – Resolution Clause).
Expenses and benefits
Included in the price of your stay:
- Home insurance
- The internet subscription. As it’s free, PARISIAN HOME cannot be held responsible for a connection malfunction. PARISIAN HOME is committed to making every effort to restore the connection with the appropriate internet service provider. In the event that an apartment does not have an internet connection, the TENANT will be able to rent a 3G key from PARISIAN HOME, at current rates.
- The bedlinen, towels, tea towels, available in the apartment
- The co-ownership charges borne by the owner
Not included in the price of your stay:
- Gas/Electricity consumption: These consumptions are paid in advance and then regularized according to the actual consumption corresponding to the meter reading carried out by us at the end of the stay. As a guideline, the average electricity consumption is set at: 10 KWh/day for a studio, 15 KWh/day for a 2-room apartment, 20 KWh/day for a 3-room apartment, 25 Kwh/day for a 4-room apartment.
- Interventions related to the operation of various equipment due to misuse or misunderstanding of the CLIENT.
- The residence taxes.
- TV/phone off-plan consumption. Telephone and/or television expenses incurred by the CLIENT that are not included in the internet subscription (included in the rental price) are due by the CLIENT. A proof of these non-package expenses will be issued by PARISIAN HOME.
Any rental agreement requires the payment of a security deposit which will be received upon receipt by PARISIAN HOME.
Within a maximum of 15 days before the apartment is made available, the CLIENT will pay PARISIAN HOME, this security deposit with the balance due for the rental. This security deposit covers damage (deterioration, breakage, property damage, etc.) that may be caused to furniture or other property in furnished premises.
The security deposit will not generate interest and cannot, under any circumstances, replace the payment of rents.
Any damage to furniture, equipment, murals and floor must be repaired, or refunded to PARISIAN HOME, at the replacement value.
The return of the security deposit will take place within two weeks of the client’s departure and no later than the month following departure. The security deposit, (or balance) is refunded according to the client’s choice by cancellation of the CB in the case of a pre-authorization, by cheque, by transfer or by PayPal. If this method of reimbursement results in an additional cost due to postal mail or banktransfer, it will be due by the CLIENT and deducted from the security deposit.
PARISIAN HOME is not responsible for the change in the exchange rate between the date of payment of the security deposit and the reimbursement date.
Notwithstanding any damage to the premises, a sum may be used for the cleaning of the premises; The amount will be determined by the time spent by the maintenance officer at the current hourly rate.
The Deposit of Guarantee will be refunded after deducting the remaining amounts due for gas and/or electricity consumption, telephone, TV, and the special services billed and any repairs made necessary by the CLIENT in the premises. If specific services (TV channel…) are desired by the TENANT, they must be booked and paid in advance.
The return of the apartment keys at the end of the rental period will not, in any way, lead to the presumption of the apartment having been returned in a good state.
The premises must not be occupied by a greater number of people than is mentioned in the contract, without express agreement from PARISIAN HOME. Otherwise PARISIAN HOME reserves the right to claim an additional price or to deny the client access to the rented premises.
In the event of non-compliance, PARISIAN HOME reserves the right to withhold the security deposit, entirely, until the sums due are regularized, as a substitute for the rental price due.
PARISIAN HOME is insured with the companies European Travel Insurance and Thelem Insurance according to the contract No. 7904961.1420184.335, December 1, 2002 and June 1, 2010 amendment, against rental risks, liability of the tenant occupier, liability of the owner (a summary of the guarantee information is attached to this contract). This insurance is charged to the occupying tenant on the basis of 0.5% of the rent amount.
As an option, the TENANT can subscribe to a cancellation guarantee with PARISIAN HOME. The premium is set at 2.5% of the total amount of the stay.
The terms of the insurance policy are available to the tenant on request.
In the event that the contract, on an exceptional basis, is extended beyond a total period of 12 months, it will be up to the tenant to insure against rental risks and civil liability with a well-known solvent company and to justify it with PARISIAN HOME before the extension of the lease if the term extends beyond 335 nights, or risk termination of the contract. As an option, the customer can purchase this insurance from PARISIAN HOME, the amount of the premium will be calculated according to the type of apartment and its location.
Customer’s main obligations
He/She is required to:
- Pay the price of the stay and the expenses (incidental costs) according to the agreed terms. The handing over of the keys to the customer can only be done if all the sums owed have been paid, therefore proof of payment must be provided before the keys are handed over (transfer received and credited to the account). Failure to justify payment before the keys hand over, will not oblige PARISIAN HOME under any circumstances to compensate the CLIENT for any relocation expenses incurred by the client. Current rents are payable according to the schedule attached to this contract.
- Occupy the premises only personally, refraining from the exercise of any trade, profession or industry, the CLIENT acknowledges that this rental is granted only on a temporary basis for a temporary professional or leisure stay.
- Do nothing, neither himself, his family or acquaintances, that could disturb the peace of the neighbourhood or for other occupants.
- In the case of a rental in a collective building, comply, as occupier of the premises, with the internal regulations of the building and the collective regulations in general, which he/she will be aware of by requesting these documents from PARISIAN HOME (or by way of display if this is the case).
- Occupy the premises personally and he/she cannot, even for free, either cede his rights to this rental or sublet this rental.
- Ensure the maintenance of furniture made available in the premises and use the appliances under normal conditions and as they should be used; report any malfunctions to the company PARISIAN HOME. Refrain from adding furniture other than linen or small miscellaneous items, unless prior agreement has been agreed by PARISIAN HOME.
- Refrain from moving furniture and/or changing the general layout of the premises, let alone removing furniture, unless prior agreement of PARISIAN HOME.
- Refrain from making any changes to existing electricity, gas, and water facilities in leased premises for any reason. Commit to immediately carrying out repairs at its own expense that may become necessary by misuse of these facilities. Do not damage walls (drill holes…) to hang personal belongings. Do not throw into sinks, showers, bathtubs, bidets, sinks, toilet objects likely to clog the pipes, otherwise the TENANT will be liable for the costs incurred by the repair of this equipment. Do not claim any rent reduction or compensation in the event that urgent repairs, due by the landlord, appear necessary during the tenancy. It is specified that in the event of a breakdown or malfunction of the appliances, the tenant will not be able to obtain compensation or a reduction in rent from the landlord; the same is true for all services not directly under the responability of the landlord (for example: internet access, CABLE TV, collective heating, etc.).
- Never introduce pets (dogs, cats, etc.) into rented premises without prior permission from PARISIAN HOME; the possibility of acceptation depends in particular to on whether the animal does not cause any damage to the apartment and furniture, to the building, or any disturbance of peace in the vicinity. This option will be charged at the current rate.
- Allow work to be carried out during the rental, in the rented premises, for which the obvious urgency makes any postponement impossible.
- Maintain order in the rented space and, at the end of the stay, leave the premises clean and maintained. Failing this, PARISIAN HOME will charge for cleaning, repair and/or replacement costs, which will be deducted from the security deposit. It is agreed and accepted by the CLIENT that on the day of his departure, he/she will have undone the beds (the laundry will be laid on the floor), emptied the garbage, cleaned the kitchen and put away the dishes. Otherwise, an additional household will be charged at the current rate and deducted from the security deposit. If this proves insufficient, The PARISIAN HOME company reserves the right to sue the CLIENT. A cleaning check is systematically carried out before the arrival of the CLIENT. For stays of more than one month, PARISIAN HOME will check the correct state of the apartment during the client’s stay, (by informing him/her 48 hours beforehand). If the apartment is not kept clean by the CLIENT, PARISIAN HOME reserves the right to have the apartment cleaned and to charge the cost of cleaning or to ask for the termination of the lease.
- Never hold PARISIAN HOME responsible for any delay in repairing a property (equipment, furniture, accessories, etc.) during the stay. In the event of damage caused by the CLIENT, if the apartment cannot be re-rented immediately after the client’s departure, the price of the nights during which the apartment cannot be re-rented will be charged to the client at the prevailing rate as damages and all repair costs will be charged to the CLIENT.
- To solicit PARISIAN HOME for any intervention of a provider in the apartment. The CLIENT will not be reimbursed by PARISIAN HOME for any intervention carried out at his/her own initiative. The same is true when requesting internet assistance related to a user problem. A 90 euros flat fee including assistance and travel will be charged.
- In the event of a lost, broken, deteriorated or damaged object, a sum equivalent to its replacement value may be deducted from the security deposit. The minimum amount taken by damage or incident is 35 euros. Rehabilitation costs may include: general cleaning: €28 per hour; carpet cleaning: a fixed fee of 100 euros – 5 euros per sq m; replacement of carpet, tiles or vinyl: 8 euros per square metre; retouching of wallpaper: 10 euros per square metre; equipment repair: at the cost of replacement or repair, charged based on a quote. This list is not exhaustive. In addition to the refurbishment costs, a sum of 10% of the amount of repairs with a minimum of 50 euros will be charged by PARISIAN HOME for the follow-up of the file regardless of the nature or the amount of the damage. This lump sum and non-negotiable amount corresponds any costs incurred other than those listed above (management of the file, time spent, follow-up of each step with companies, etc.). These costs are indicative and may vary.
- Immediately inform PARISIAN HOME of any loss, damage or malfunction occurring in the rented premises, even if there is no apparent damage.
- If, for personal reasons, and in agreement with PARISIAN HOME, the client wishes to change apartments, a lump sum of 100 euros will be charged (file and procedures fees generated by the change of apartment) in addition to the possible rent supplement.
- If the apartment has a fireplace, it is expressly stated that all fireplaces are exclusively decorative; it is strictly forbidden to light a fire in it. PARISIAN HOME’s insurance company does not cover the damage caused by clients in this regard. The CLIENT will be considered solely responsible for any potential damage. PARISIAN HOME may demand (even without any damage found) the termination of the lease, immediately and without prior notice.
- A set of keys is given to the CLIENT upon arrival, a second set is available on request, a third set is possible but will be charged in this case. Upon departure the client who has more than one set of keys must bring a set of keys to the agency. If the CLIENT only has one set of keys, it must be placed on the hook provided for this purpose next to the front door of the apartment or prominently on the table. If this is not possible, the CLIENT will have to bring this set of keys back to the agency. The CLIENT is responsible for the keys during his stay. In the event of loss, the CLIENT is obliged to pay the cost of their replacement (including the cost of the lock and all other keys in circulation).
- Allow visits of the rented premises, for sale or rental, two hours a day on working days.
- Follow the instructions in the last two paragraphs of this contract entitled: Arrival Process and Departure Process.
- Be careful not to forget your personal belongings when you leave. Client’s personal belongings left in the apartment will be collected by PARISIAN HOME at the client’s risk. After notification, they will be kept for up to one week. If the CLIENT wishes to receive them by post, the shipping costs will be charged.
- All apartments are non-smoking. Smoking in an apartment will result in the payment of compensation proportionate to expenses incurred such as laundry, dry cleaning, plus compensation for the price of nights during which the apartment cannot be re-rented after the CLIENT’s departure. This list is not exhaustive. A minimum penalty of 130 Euros will be charged.
- As stipulated in the framework of French law: “The tenant refrains from the use of the Internet access made available to him in through this contract for the purpose of reproduction, representation, provision or public communication of works or objects protected by copyright or a neighbouring right, such as texts, images, photographs, musical works, audiovisual works, software, video games, etc., without the permission of their rightholders, and without payment of their rights, related rights and royalties.” “Such acts would constitute acts of infringement, crimes foreseen and repressed under Articles L.335-1 and as follows of the Intellectual Property Code.”
PARISIAN HOME’s main obligations agrees to:
- Deliver rented premises in good state of cleanliness and repairs, as well as any equipment mentioned in the contract in good working order.
- Ensure the CLIENT’s free use and quiet enjoyment of the rented premises and guarantee it free from of any disturbance.
- Maintain the premises in a condition to serve the intended use.
Any delay in the payment of rent and/or supplementary services will result in a 10% increase in the amount due, without the need for a formal notice, by derogation from Article 1230 of the Civil Code.
Failing to pay at the precise end of a single term or fraction of term for rent and/or any accessories and/or charges, and/or failing to comply with any of the conditions of these, and one month after a simple order to pay or a summons which has remained in whole or in part ineffective during that period, and containing a declaration by PARISIAN HOME of its intention to use apply the purpose of this clause, the lease will be terminated naturally and without formality, even in the case of payment or consignment of the sums after the latest date.
The same will be true if the CLIENT fails to adhere to any of the clauses and conditions of these, even in the case of subsequent adhesion by the CLIENT at the end of a one-month period.
If leaving the premises were refused, a summary order issued by the President of the Courts of the district where the rented building is located, the reference is this case, would suffice, to compel departure without delay.
Any offer of payment or adhesion to requirements after the above deadlines will be deemed null and void and will not stand in the way of termination and expulsion as PARISIAN HOME sees fit.
All procedural costs (including bailiffs and lawyers’ fees and costs), prosecution or precautionary measures will be borne by the CLIENT and will be charged as part of the final amount due by the CLIENT.
In the event that, after the termination of the lease, the premises are not returned to PARISIAN HOME on the agreed day, free of any occupation and equipment, the occupancy fee owed by the CLIENT or its rightholders until the actual return of the premises, will be equivalent to the last rent paid, plus 50% in addition to the Residency Tax and charges, independently of any other damages.
The above clause is expressly agreed and accepted by the parties. It expresses the will of the parties, and constitutes an express departure from the last paragraph of Article 1184 of the Civil Code. This clause will therefore have to be rigorously enforced by the parties whose legislation it forms under section 1134 of the Civil Code.
Inventory of furniture, Inventory and Presentation of the Apartment
For contracts of less than 3 months:
The detailed inventory of the furniture and the condition of the premises must be established between the parties without contradiction. They will be provided by PARISIAN HOME on the day the apartment is made available and must be returned duly signed and initialed no later than 48 hours after the apartment is made available.
Upon arrival on site, the CLIENT has two days to challenge the terms of the inventory of the furniture and the condition of the premises signed by sending the PARISIAN HOME company, an email, with proof of reading, a recorded delivery letter or a hand given letter mentioning the anomalies or missing items found.
The CLIENT is obliged to let PARISIAN HOME check that no objects or furniture are missing as well as the condition of the apartment.
In the absence of any disagreement within the specified time frame and the above framework, the CLIENT will be deemed to have agreed to the furniture and appartment inventory provided by the PARISIAN HOME company and therefore will not be able to make any further claims.
For leases or more than 3 months:
An joint inventory will be carried out between the parties, within 48 hours the accommodation being made available.
The apartment is described on the PARISIAN HOME website. This presentation includes photographs, texts and a list of equipment. Surface indications are not measured by the so-called “Carrez Act” and therefore have no contractual value. They are given as an indication. PARISIAN HOME is not held responsible for them and cannot guarantee them. The decoration and amenities of the apartment can change over time without the photos on the PARISIAN HOME website being updated. PARISIAN HOME cannot guarantee the decoration or availability of any particular equipment.
The CLIENT is obliged to allow PARISIAN HOME to check that objects or furniture are not missing.
The nature of the present
This contract granted to the CLIENT is a sublease granted by the PARISIAN HOME company, the owner’s principal tenant.
An specific agreement, this contract does not fall under the legal regime of residential leases (as defined by the law of July 6, 1989). It is not subject to the status of commercial leases and subleases (Article 145-1 to 145-65 of the Code of Commerce) or to that of furnished rentals covered by sections L632-1 of the Building and Housing Code.
This contract is subject to the rules governing the parties under an exclusive civil lease of any concept of principal residence, permanent residence, commercial or otherwise.
Accordingly, this contract is subject to the full agreement of the parties and the provisions of the Civil Code (Articles 1714 to 1762).
Election of Residency, jurisdiction in case of dispute
For the execution of this contract, the parties elect residency at their respective addresses indicated here, and in the event of a dispute over the interpretation or execution of these, they assign jurisdiction to the civil courts of the headquarters of PARISIAN HOME.