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Mietbedingungen / Terms and conditions Squarebreak Homes

Ferienvilla Frankreich mieten
Legal basis of the contract
The tenancy is concluded on the basis of a seasonal furnished rental. The premises cannot be used as a primary nor secondary residence, and the tenant cannot use the premises to engage in any commercial activity, handicraft business or professional activity.
Consequently, the tenant is not entitled to a renewal nor compensation in addition to anyrights that the terms of the present contract provide. Accordingly, the seasonal nature of the present rental means it is covered by the framework of exclusions laid out in article 2 of French law n° 89-462 of 6 July 1989, and is not subject to any other provisions of this law. The present contract is therefore subject to articles n° 1714 to 1751 of the French Civil Code; articles n° L.324-1 and following of the French Tourism Code; and the French decree of 29 December 1976, as long as they are not in opposition with the conditions as later stated.

Rental period
The present contract is concluded for the aforementioned duration. It will end by the act of the law itself upon expiration of the fixed terms of the particular conditions, without requiring notice to be delivered. The rental cannot be extended without Squarebreak´s prior written agreement. Upon expiration of the contract, the tenant must vacate the premises and return the keys to Squarebreak.

Establishment of the contract
The present contract is formed when the tenant makes an online reservation, which is signed and returned to Squarebreak along with a signed and initialled copy of the rental contract accompanied by the deposit, which is equal to 25% (twenty-five percent) of the total amount of the reservation, within 30 (thirty) days of making the reservation. Squarebreak refuses the right to deny entry into the premises if the deposit and remainder of the cost of the reservation were not paid prior to entry.

Termination of the contract before arrival: cancellation policy
The tenant and Squarebreak must adhere to the following conditions :
- If cancellation is made by the tenant more than 1 (one) month before the rental period,
they will lose their down payment made to Squarebreak.
- If cancellation is made by the tenant less than 1 (one) month before the rental period,
they will lose their down payment made to Squarebreak and will pay the full rental fee.
- If cancellation is made by Squarebreak, they will return the entirety of any sum due to the
tenant.

Rent – security deposit
The fees for rent, charges, and the security deposit fee are indicated in the conditions of the present contract.
The parties agree that the aforementioned rental fees includes the payment of rental charges, and the provision of the following services:
- secure online reservation
- availability of reservation team for support
- personalised welcome
- provision of linens (sheets and towels)
- professional housekeeping prior to and following the stay
- toiletries
- optional services – airport transfers, daily housekeeping, private chef, babysitting, cot
According to articles n° L.2333-26 and following of the French General Local Authorities Code, and applying the City Council´s decree of , the aforementioned rental fees also cover payment of the occupancy tax, the amount of which is fixed at per night and per adult older than 13 (thirteen) years.
Upon their arrival and the handing over of the keys, the tenant will pay to Squarebreak a fixed sum as outlined in the rental contract, acting as a security deposit to cover any potential damages incurred to the property and/or the furniture and/or other equipment in the property or other fixtures of the rented premises. Any object depreciated, broken, lost, or damaged will have to be replaced or refunded to Squarebreak with its value of replacement by the tenant.
This non-interest-bearing security deposit in no case shall be considered as part of the rent payment. After returning the keys, and in the absence of damages reported by either party, the security deposit will be returned in full immediately. Failing that, the security deposit will be returned post deduction of any costs incurred from repairs or replacements attributed to the tenant and/or other occupants, at the very latest within 60 (sixty) days following the tenant´s departure. If Squarebreak is unable to inspect the property at the time of the tenant´s departure, the security deposit will be retained until the property has been inspected and found to be damage free, and returned within thirty days at the latest, following the tenant´s departure. The return of keys to Squarebreak at the end of the rental period does not supersede the waiver of claims for rental repairs against the security deposit if the damage incurred is the work of the tenant and/or other occupants, if it can be proved that the damages were made by the tenant.
If the amount of the deposit is found to be insufficient to cover the damages, the tenant commits to settle the difference between the deposit and the actual cost of repairs for damages to the premises or contents upon Squarebreak´s written request.

Number of occupants
Without the prior agreement of Squarebreak, the premises as object of the present rental on no account must be occupied by a number of people above that indicated by the above conditions. Where necessary, Squarebreak can refuse entry to the premises. In the case of non-compliance with the number of occupants, Squarebreak reserves the right to withhold the deposit to repair damage caused by the excessive occupation of the premises.

Insurance
Upon making a reservation at squarebreak.com, the tenant automatically takes out an insurance policy against damages and cancellation to protect the tenant against risks associated with rentals (water damage, fires). This insurance is established by Squarebreak on behalf of the tenant with Septier Assurances. A copy of the insurance policy can be requested from Squarebreak upon arrival at the premises. If a tenant reserves their stay with one of Squarebreak´s partners, the insurance applies in the case of damages or cancellation.

Tenant´s main obligations:
1. To occupy the premises only for private use, excluding exercise of any trade, profession, or industry, with the tenant in full recognition of the fact that this rental has been granted only AS A TEMPORARY AND RECREATIONAL RESIDENCE, a major condition without which the present hiring would not have been authorized.
2. That they, their family, or relatives do nothing that might be disrespectful towards neighbours or other occupants.
3. If renting an apartment within a complex, the tenant must comply with the ground rules of the building, which are available by either means of PUBLIC NOTICE or will be COMMUNICATED TO YOU BY SQUAREBREAK.
4. To occupy the premises personally and to sub-let under no circumstances, even freely, nor to yield its rights to the present rental, except with written agreement from Squarebreak.
5. To not store movable objects under any pretext, except for linen and small objects.
6. To make no modification and no change to the arrangement of furniture and fittings.
7. To not to bring any pet (dogs, cats etc.) into the premises without prior permission from Squarebreak, with the possibility of confinement unless the animal causes no damage to the building and does not upset the neighbours in any way.
8. To permit work on the premises that cannot be postponed.
9. To maintain the leased property and return it in good order, with repair work carried out where necessary. If the apartment is not returned in good order, Squarebreak reserves the right to retain all or part of the security deposit. To respond to damages and losses arising during the duration of the present contract that affect the rented property/properties or any communal areas of the building, unless it can be proved that they occurred due to force majeure. The tenant must cover expenses of repairs defined under the French decree n° 87-712 of 26 August 1987 that the parties agree to refer to for the execution of the present contract.
10. To immediately inform Squarebreak of any damage or depreciation to the rented property/properties, even if the damage may not be visible.
11. To be responsible for any damage or loss caused during the stay by the tenant and/or other occupants unless there is proof that this took place accidentally or had been previously overlooked.
12. To relay in advance their date and time of arrival. ARRANGEMENTS MUST BE MADE FOR DEPARTURE AT LEAST THREE DAYS IN ADVANCE.
13. To authorise Squarebreak to access the accommodation with 24 (twenty-four) hours´
notice. If the stay exceeds 7 (seven) consecutive days, Squarebreak reserves the right to
access the accommodation to carry out maintenance and cleaning tasks.
14. To authorise Squarebreak and its representative to have a copy of the passport or of any valid identity documents before entering the premises or during the duration of the rent.
15. If Squarebreak or one of its representatives discovers any act linked with prostitution, parties, or the use of narcotics in the accommodation, they reserve the right to immediately evict the tenant and to withhold all or part of the deposit in order to proceed to the accommodation´s refurbishment.
16. All occupants of the rented property/properties must respect the present contract.
17. To not depart from the premises early without warning Squarebreak so the inventory can be completed and the keys can be returned.

Squarebreak´s main obligations
1. To deliver the leased property to the tenant in a good state of repair in all respects.
2. To ensure 'quiet enjoyment' of the building for as long as it is rented out.
3. To maintain the premises in good repair and tenantable condition, and complete all repairs, other than repairs caused by the tenant, necessary to maintain the normal condition and upkeep of the rented property/properties, unless the repairs are due to negligence or carelessness of the tenant.
4. Unless absolutely necessary, not to carry out repair work in the property during the rental period so as not to disturb the tenants and cause them less quiet enjoyment.
5. If the rental is within a communal building, to COMMUNICATE to the tenant the ground rules of the building or to PUT THESE UP ON A NOTICE BOARD IN COMMUNAL AREAS.

Termination clause
In the event of non-payment of rent for the agreed dates and/or breach or violation of one of the obligations set out in the present contract, Squarebreak can terminate of the present contract by rights if they so desire and without judicial proceedings 8 (eight) days after a notice and/or a warning have remained unsuccessful. If the tenant refuses to vacate the premises, Squarebreak can enforce the vacation of the property with a court order from the president of the court with jurisdiction.
Additionally, it is expressly advised that any rent unpaid at the term of the contract, including charges or expenses not paid in the same conditions will have the amount increased by a penalty clause of 10% (ten percent) according to article 1226 of the French Civil Code eight days after Squarebreak sends a registered letter with recorded delivery to request payment and warning that the penalty clause will be applied. This letter replaces the previous cancellation clause and protects Squarebreak without prejudice from any damages or claims brought by the tenant´s non-payment.

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