BOOKING CONDITIONS / SEASONAL RENTAL AGREEMENT
The Villa des Sables du Lagon
Last updated on 25/08/2023
Landlord Information
The Villa des Sables du Lagon is offered for seasonal rental by SCI LES SABLES DU LAGON, a civil real estate company with a capital of €10,000.00, headquartered at 6 ruelle Mazeau, 97400, SAINT-DENIS, registered with the Saint-Denis-de-la-Réunion Trade and Companies Register under number 821 948 163, represented by its current legal representative (hereinafter the "Landlord").
Tenant Information
The tenant, according to the furnished seasonal rental contract concluded with the Landlord, is the one whose details are communicated during the reservation of the Villa des Sables du Lagon and subsequently confirmed when the form is sent under the terms defined below (hereinafter the "Tenant").
Rental Type
The Landlord and the Tenant (hereinafter referred to collectively as the "Parties") declare that this rental is not intended for premises rented for primary residence or mixed professional and primary residence use. They expressly agree that their respective rights and obligations will be governed by the terms and provisions of this furnished seasonal rental agreement, by the decree of December 28, 1976 as amended, and in the absence of that, by the provisions of the Civil Code (hereinafter the "Rental Agreement").
Booking and Confirmation Obligation
After accepting these booking conditions and validating the reservation, the Tenant receives by email, to the address they provided, a summary of the reservation made. By express agreement between the Parties, the Rental Agreement will only be established after the reservation is confirmed, which will only take place upon the Landlord's receipt of the completed form by the Tenant and the requested documents; said form and document request are sent to the Tenant when sending them the reservation summary (hereinafter the "Reservation Confirmation"). If there is no Reservation Confirmation within 72 hours of sending the said form, attached to the reservation summary, it will be canceled.
Reservation and Payment
Payment conditions are those accepted by the Tenant, as proposed during the booking on the website www.villa-des-sables-du-lagon.com. Payments can be made by bank transfer or credit card. In case of cancellation due to a lack of Reservation Confirmation within 72 hours of sending the form by the Landlord, the latter will refund the Tenant any deposits made during the booking validation, minus the fees incurred by the Landlord charged by intermediate payment platforms (Lodgify, Stripe) and their bank for receiving and refunding the payment(s).
Description of Rented Premises
The rented premises are located at 42 avenue de Bourbon, 97434, Saint-Gilles-Les-Bains. They consist of (i) a main house including 3 suites with private bathrooms and one bedroom, (ii) a bungalow with a suite with a private bathroom, (iii) a swimming pool, and an outdoor garden (see the full villa description on www.villa-des-sables-du-lagon.com).
Duration of the Rental Agreement
In case of Reservation Confirmation, the duration of the Rental Agreement corresponds to the dates indicated by the Tenant during the reservation. Unless previously agreed in writing by the Landlord, the rental duration cannot be extended. The Tenant acknowledges and expressly agrees that they cannot request an extension of the rental period granted to them, except to set up a new agreement defining the additional temporary duration the Landlord might agree to. Consequently, at the end of the rental period, the Landlord will take back the premises without further procedures.
Arrival and Departure
Arrivals are between 4:00 pm and 8:00 pm. Departures are between 8:00 am and 9:00 am.
Any delay or change must be reported in advance.
Security Deposit A security deposit of EUR 1,000.00 is required at the latest on the day of arrival. Unless previously agreed by the Landlord, the deposit must be provided in the form of a pre-authorization on a credit card for EUR 1,000.00 due one (1) day before arrival and released seven (7) days after departure minus any damages or shortages or in case of non-compliance with the Tenant's obligations (see Tenant's Obligations) and especially regarding noise disturbances. If the rental duration exceeds seven (7) days, the credit card pre-authorization of EUR 1,000.00 must be renewed every seven (7) days to cover the entire stay and the seven (7) days following departure.
Cancellation Policy
Refund conditions in case of cancellation are those accepted by the Tenant, as proposed during the reservation on the website www.villa-des-sables-du-lagon.com.
Cancellation/Termination by the Landlord
Except in cases of wrongful termination due to the Tenant's breach of obligations, the Landlord reserves the right to cancel or terminate the Rental Agreement in the event of force majeure and/or if the rented premises are sold. If applicable, the Landlord will refund the Tenant the full amount of the deposits made by them; the Tenant cannot claim any compensation or damages of any kind.
Number of Occupants
The Rental Agreement is concluded between the above-mentioned Parties based on the number of planned occupants indicated by the Tenant during the reservation. This number cannot, in any case, exceed the maximum capacity of the Villa des Sables du Lagon (12 people). The Reservation Confirmation, if any, is based on this information which becomes contractual. If the number of occupants turns out to be non-compliant with those communicated during the booking, the Landlord has the right to (i) refuse the extra people, (ii) request an additional fee from the Tenant, (iii) terminate the Rental Agreement immediately, for which the Tenant is solely responsible, without any refunds or compensation for the Tenant. The Landlord can check at any time during the stay that the occupancy is in line with the contract. If the number of occupants turns out to be less than the planned number, no discount will be applied.
Excessive Consumption
Due to numerous excesses observed in both electricity consumption (such as air conditioners running continuously without anyone in the house or with doors and windows open, lights on during the day, etc.) and water consumption, a maximum standard usage package has been established. This aims to hold everyone accountable and to best respect the resources of La Réunion Island.
For electricity: A package of 160KWh per week or 68.50KWh per weekend is included in the rental price (covering all household appliances such as refrigerator, pool pump, etc.).
For water: A package of 10 m³ per week or 4.50 m³ per weekend is included in the rental price (upper limit exceeding the national average consumption of 148 Liters per day per person), based on 6 people. This includes garden watering and pool water top-up.
For groups larger than 8 people, the same package applies, as no extra per night is charged for accommodation.
Consequently, water and electricity meter readings will be taken during the entry and exit inspections.
Any additional m³ will be charged at the exit during the inspection, at the current rate of La Compagnie Réunionnaise des Eaux (La Créole), i.e., €4.10 / additional m³ (Water price + sanitation and taxes).
Property Inspection
The inventory of fixtures and the list of furniture and various equipment will be drawn up at the beginning and end of the stay by the Landlord and the Tenant, with each retaining a signed copy. If it's impossible to conduct the inventory upon arrival, the Tenant has 24 hours to verify the displayed inventory and report any anomalies to the Landlord by email at contact@villa-des-sables-du-lagon.com. After this period, the rented goods will be considered free of damage upon the Tenant's entry. The exit inventory is authoritative. All items must be returned to the place they occupied upon entry. A joint exit inventory must be established. The Tenant agrees that this can be carried out either with the Landlord or with an authorized representative. If the Landlord notices damages after the Tenant's departure, they must inform the Tenant within a week. After this period, the rented goods will be considered free of damage upon the Tenant's departure.
Tenant's Obligations
(1) The Tenant agrees to accept the premises in the condition they are in upon entry. They commit to maintaining the buildings and fixtures identical at the end of the rental, as they received them. No modification of any kind can be requested by the Tenant.
(2) Furniture and movable items should only suffer depreciation from the normal use they are intended for. Missing or damaged items, beyond normal wear and tear, must be paid for or replaced by the Tenant, with the Landlord's prior written consent. This clause also applies to wallpapers, drapery, linens, and the building in general.
(3) The Landlord may deduct from the deposit (i) the value of lost, broken, or chipped items; (ii) the cost of cleaning or washing carpets, blankets, mattresses, bedding, etc., that have been stained.
(4) The Tenant is obliged to use the furniture and items for their intended purpose and in their designated places. They are strictly forbidden from transporting them outside the rented premises. The Tenant cannot modify existing installations or introduce special installations.
(5) The Tenant must use the rented premises appropriately, maintaining the current distribution. Existing trees and vegetation must be kept in good condition; the Tenant cannot remove or cut them down, move pots, or have any reason to do so.
(6) The Tenant is strictly forbidden from carrying out any construction, demolition, drilling walls, installing partitions or floors, changing layouts, or attaching objects to walls, furniture, woodwork, floors, ceilings, doors, and windows in the rented premises and its outbuildings.
(7) Any decorations must be removed without damage at the end of the rental. The use of confetti, streamers, garlands, smoke machines, or other special devices is prohibited.
(8) Fireworks, lantern launches, firecrackers, and any fire-hazardous activities are strictly forbidden within the rented premises.
(9) Smoking and using electronic cigarettes inside the rented premises are strictly prohibited.
(10) Sound systems can only be installed inside the rented premises. Generally, the Tenant must not create noise disturbances for neighbors. If they do, the Landlord reserves the right to notify the authorities and terminate the Rental Contract immediately. If these terms aren't respected, a sum of €1,000.00 may be deducted from the deposit.
(11) The Tenant must never throw objects that might block drains or pipes into sinks, bathtubs, basins, or toilets. If they do, they will bear the cost of repairs.
(12) The Rental Contract is concluded intuitu personae for the benefit of the Tenant alone. Any transfer of the Rental Contract, any total or partial subletting, any provision - even if free of charge - is strictly prohibited without the express consent of the Landlord. The Tenant must reside in the rented premises in a respectable manner and may not, under any pretext, store furniture there, except for linens and small objects.
(13) All living spaces (living rooms, verandas, terraces, exteriors, etc.) may not be used for sleeping under any circumstances. Any camping (tents, rooftop tents, sleeping bags, additional mattresses...) is strictly prohibited.
(14) The Tenant must allow the execution of urgent work in the rented premises, which is necessary to maintain the condition of the rented property and the common equipment.
(15) The Tenant may not bring a pet into the rented premises without the express written and prior consent of the Landlord. In this case, the Tenant remains responsible for any damages caused by said animal.
(16) The Tenant will peacefully use the rented property, comply as an occupant of the premises with the terms and obligations resulting from this Rental Contract, and generally meet the obligations defined in articles 1728 to 1735 of the Civil Code.
(17) The Tenant must, within twenty-four (24) hours of taking possession, inform the Landlord or their agent of any anomalies observed.
(18) The Tenant will handle all bulky items (garbage, used glass bottles, empty bottles, papers, cardboard, recyclable items, organic waste, etc.) and commits to disposing of them in the trash bins provided for this purpose at the location indicated upon entering the property.
(19) The Tenant may not refuse a visit to the rented premises if the Landlord or their agent requests it at least twelve (12) hours in advance.
(20) The Tenant must not organize any event of any nature whatsoever in the rented premises (events, guest receptions, parties, cocktails, etc.). If these provisions are not adhered to, a sum of EUR 1,000.00 will be deducted from the deposit.
(21) The use of drones is strictly prohibited.
Landlord's Obligations
The Landlord commits to providing the Tenant with the rented premises in accordance with the descriptive state and to respect the obligations resulting from the Rental Contract.
At the end of the Rental Contract, the Landlord will take back the premises in the state they were rented. On a weekly basis, watering the gardens, pool maintenance, and cleaning of the premises are included in the service. More frequent cleanings can be agreed upon in terms to be defined with the Landlord.
Pool
It is specified that the pool has a security system in compliance with current standards. An instruction and/or explanatory manual is given to the Tenant no later than the day of arrival.
Security
The Landlord draws the Tenant's attention to the capacity of the rented premises and the importance of limiting access to the expected number of people, both in terms of people's safety and risk of property damage. The Tenant commits to ensuring that the emergency exits are always clear, both inside and outside.
Insurance
The Tenant is civilly liable for damages and other harms that could be caused to the Landlord or third parties during the rental, both by the Tenant himself and by his guests, suppliers, or service providers.
The Tenant is required to insure with an insurance company against the risks of theft, fire, glass breakage, and water damage, and more generally for all his rental risks as well as for the rented furniture, and against claims from neighbors.
This liability is usually covered by "multi-risk" insurance types. The Tenant will consult his insurer in advance and must provide the Landlord with an insurance certificate concerning the rental period at least thirty (30) days before arrival, failing which the Rental Contract may be canceled, with no refunds given.
The Landlord declines all responsibility in the event of an accident occurring during the provision of the rented premises to the Tenant. Minor children remain under the close supervision of adults and are entirely their responsibility.
The Landlord declines all responsibility for damages of any kind (theft, degradation, etc.) that might affect items, effects, or equipment brought by the Tenant or his guests (including vehicles parked in the parking area).
The Tenant and his insurers waive all claims against the Landlord and the Landlord's insurers. The Tenant and his insurers indemnify the Landlord and the Landlord's insurers against any action of any nature whatsoever that would be brought against them by the guests, suppliers, or service providers of the Tenant. The Tenant will notify his insurers of these provisions.
Termination
In the event of non-payment on the set deadlines or non-performance of any obligation of this Rental Contract by the Tenant, and three (3) days after a notice that remained unsuccessful, the Landlord or his agent may demand the immediate termination of this agreement, and the Tenant must leave the rented premises, if necessary, by simple order of the interim relief judge.
Liabilities
The Landlord cannot be held responsible in the event of theft or personal injury during the term of the Rental Contract.
The Landlord will not be responsible for water, electricity, or internet outages beyond his control.
The Tenant is responsible to the Landlord for all of his guests and occupants of the rented premises throughout the rental duration.
Specific Information
In accordance with the provisions of Article 125-5 of the Environmental Code and the provisions of Law No. 2018-1021 of November 23, 2018, known as the ELAN law, the Landlord will send to the Tenant, on the email address provided by the latter and before taking possession, the mandatory risk assessment which the Tenant undertakes to acknowledge.
Special Conditions and Amendments
The Parties may agree on special conditions, deviating from these general conditions of the Rental Contract, which will be subject to a written amendment communicated by the Landlord to the Tenant.
Applicable Law and Jurisdiction
For any disputes arising from the execution or interruption of a rental subjected to these rental conditions, only the courts of the location of the rented property are competent.
GDPR
The information collected by the Landlord is recorded in a computerized file to (i) validate the contractual terms of the rental, (ii) ensure the transmission of mandatory documentation, and (iii) subject to express consent given by the Tenant, the transmission of information and promotional offers. The legal basis for processing is (i) consent, (ii) the contract, (iii) legal obligation, and (iv) legitimate interests. The collected data is not communicated to any third party except for IT providers ensuring data hosting. The data is kept for five (5) years.
The Tenant can access data concerning him, rectify it, request its deletion, or exercise his right to limit the processing of his data. He can also withdraw his consent to data processing at any time in the event of loss of legitimate interests.
He can visit the website cnil.fr for more information on his rights.
To exercise his rights or for any questions about the processing of his data in this system, he can send an email to the Landlord's service responsible for exercising these rights at rgpd@villa-des-sables-du-lagon.com or a letter to SCI LES SABLES DU LAGON, 6 ruelle Mazeau, 97400, SAINT-DENIS.
If the Tenant believes, after contacting the Landlord, that his "Computer and Freedoms" rights are not respected, he can file a complaint with the CNIL.