(Articles 1708 and following of the Civil Code)
(as defined by the booking confirmation)
And: The User
(as defined by the booking confirmation)
The Host and the User are members of onefinestay club (the "Club").
In accordance with the rules of the Club, the Host has put up his residence (the "Residence") for rent on the site www.onefinestay.com ; the User wishes to rent this residence for a determined period, which the Host has accepted.
The purpose of this agreement is to set out the rights and obligations of the Host and the User under this rental. These are general conditions: the special terms, including the identification of the Residence and the length of the rental, are laid down in the booking confirmation that the Host receives from his Booking Supplier and that the User receives from his Guest Reservation Supplier prior to the rental.
The Residence may in some cases be subject to specific rules of use (the "House Rules") which will be communicated beforehand.
The present contract, the reservation confirmations and the House Rules form an indivisible whole. The parties shall, moreover, submit their relationship to the Club rules, which they were sent at the time of joining and which they declare to be an integral part of this agreement.
I. Entering into the contract
The contract is entered into, with regard to the Host, on the date of receipt by the Host of the booking confirmation from the Booking Supplier and, with regard to the User, on the date of receipt of the booking confirmation from the Guest Reservation Supplier.
II. Representations by the HostThe Host states:
- that he has the capacity to sign this agreement;
- that he has the capacity to put up the Residence for rental;
- that the rental of the Residence is consistent with the co-ownership regulations of the building;
- that he has valid household insurance in place, which he undertakes to maintain during the rental period;
- that he will not cancel the booking subsequent to receipt of the booking confirmation, except in case of force majeure making impossible the use of his residence by the User. In this case, the Host must provide the User with alternative accommodation of a quality comparable to that of the Residence (this alternative can be a 4 star hotel located in a radius of 3km of the Residence).
III. Obligations of the User
A. On entering the premises
A photographic or video inventory of the Residence will have been conducted before entry into the premises.
The User agrees to occupy the Residence in the state in which it is found on the day of entry into the premises.
B. Occupation of the Residence
The User undertakes:
- to occupy the premises personally and/or with his family and to use it peacefully, in accordance with the Club rules and the House Rules;
- to leave the Residence in the condition in which it was found at the time of his entry into the premises, particularly in terms of cleanliness (any waste is to be disposed of by the User before departure, in the part of the building set aside for this purpose);
- not to admit any animal to the Residence, unless the host has expressly authorised it;
- to observe the co-ownership rules and maintain the cleanliness of the common areas;
- not to adopt any behaviour likely to be prejudicial to the Host, to the Residence or to neighbours;
- not to pursue any illegal activity in the Residence, including the use of the Host's internet connection to access illegal sites;
- not to pursue any commercial activity in the Residence;
- not to sub-let the Residence;
- to preserve the privacy of the Host by refraining from providing any information relative to the Host or the Residence to a third party;
- not to attempt to open the areas reserved for the Host and indicated as such at the time of entry into the premises. The User acknowledges that he will be subject to penalties if he accesses the areas reserved for the Host;
- not to change the layout or the integrity of the furniture;
- not to subscribe to any commitment on behalf and for the account of the Host and not to change any of the commitments undertaken by the Host for the needs of the Residence;
- nd generally, to occupy the Residence in a reasonable manner.
The User undertakes not to make any changes to the electricity, gas and water supply installations existing in the Residence; he undertakes to inform immediately the Guest Reservation Supplier that he has chosen of repairs that may be necessary due to the incorrect use or state of these installations.
The user will not sub-let the Residence, nor let a third party enter it.
The presence of a higher number of people than mentioned in the booking confirmation will give rise to the payment by the User of a supplement equal to 100% of the rent.
In case the User is informed of an event likely to cause a risk to health or safety for the Residence, he will immediately inform the Guest Reservation Supplier that he has chosen.
The User also undertakes to inform the Guest Reservation Supplier that he has chosen of any damage to the Residence or the furniture that it contains that might occur during the duration of the rental.
C. Cancellation conditions
In case of cancellation of a reservation by the User:
- more than 14 days before the beginning of the rental, the User will remain liable for half the rent as a cancellation fee;
- less than 14 days before the beginning of the rental, the User will remain liable for the entire rent as a cancellation fee;
Cancellation justified by a case of force majeure may in some cases allow the User to avoid liability for all or part of the rental price. In such a case, the User will inform the Club of the nature of the force majeure and provide the Club with the necessary supporting documents. The Host undertakes not to claim any cancellation fee from the User if the Club confirms that the cancellation is due to a case of force majeure.
D. Responsibility of the User
In case the User causes harm to the Host's residence or the furniture it contains, the User will bear the entire costs of the resulting damage, including in particular:
- the cost of repairs to the residence or the damaged furniture;
- the resulting loss for the Host because of the inability to rent out the residence during the period of repair.
In order to cover these possible costs for damage, the User authorises the Guest Reservation Supplier that he has chosen to take a security deposit in case of damage, on the day of entering the premises.
The amount of the deposit is fixed in the booking confirmation; in case of damage amounting to more than the deposit, the user will bear the entire cost, the deposit being in no way a limit.
The deposit authorisation will be cancelled in the absence of damage on the departure of the User at the end of the rental.
In the case of damage declared by the User during the rental period, an excess of 5 Euros per rental day will be applied.
The date and time of departure are fixed in the booking confirmation.
Any retention by the User beyond this date and time will result in the obligation for the latter to pay a supplement equal to two days of rent for each day of additional occupation.
The User will also be responsible for damage resulting to the Host because of this additional occupation, in particular the loss resulting from the Host's inability to rent out the residence.
In case the User continues to occupy the Residence beyond the end of the rental, the Host can expel the User or have him expelled without recourse to any judicial authorisation.
The User declares having received (i) a diagnosis of natural and technological risks, in accordance with articles L. 125-5 and R. 125-23 and following of the Environmental Code and (ii) a diagnosis of exposure to lead, in accordance with articles L. 1334-5 and following of the Public Health Code.
No termination is possible as from the date of entry into the premises.
By exception, each party is allowed to end the rental in the event of breach by the other party of the Club rules.
VI. Intuitu personae
This contract is concluded between the Host and the User. The latter therefore cannot transfer the rights to which they are entitled and the obligations at their charge to any third party.
A copy of the present contract will be given, for information purposes, to Authorised Suppliers (as defined by the Club rules) likely to intervene during the rental.
In case of a dispute relating to the rental, the parties undertake to notify the Club by any appropriate means and to submit to the Club's attempted conciliation. This conciliation must intervene within a maximum period of 14 days from the receipt of the notification of the dispute by the Club.
In the absence of resolution within this period, the party at the origin of the dispute may initiate any procedure which seems appropriate to them.
Any difficulty relating to the rental, the interpretation of these general conditions or of the booking confirmation will be examined with reference to French law and will be subject to the jurisdiction of the Paris Appeal Court.
This English translation of the Accommodation Agreement is provided for commodity only. Should the English and French versions of this agreement differ, the French version shall prevail.