The person making the booking is deemed to be the contracting party and to be responsible for the rental. That person shall be referred to as “the CLIENT”
and
Mademoiselle Conciergerie, a limited liability company (SARL) with a share capital of €5,000, registered under number RCS Paris 915 253 397, holder of the professional licence authorising the exercise of the business of transactions in real property and business assets, as well as property management, no. CPI 7501 2023 000 000 424 issued by the Paris Ile-de-France Chamber of Commerce and Industry, covered by a financial guarantee taken out with the company QBE Europe SA/NV under Contract no. QRCAI000145-GF in the amount of €110,000, having its registered office at 58, rue de Monceau 75008 Paris, shall be referred to as “Mademoiselle Conciergerie”.
Mademoiselle Conciergerie is deemed to act as the agent of the owner of the rented property, except where the CLIENT has chosen to purchase specific additional services from Mademoiselle Conciergerie, in which case Mademoiselle Conciergerie acts in its own name and on its own behalf.
This agreement is concluded as soon as the CLIENT clicks the booking button, which constitutes confirmation of the CLIENT’s consent to the said agreement.
Where the booking is made through a booking platform (Airbnb, Booking.com, Vrbo, etc.), the CLIENT confirms acceptance of these terms and conditions by ticking the box provided for that purpose on the secure security deposit registration page sent to the CLIENT before arrival. Such acceptance is time-stamped and retained.
1. Right of withdrawal
In accordance with article L. 221-28 12e of the French Consumer Code, the CLIENT has no right of withdrawal, as this is a supply of accommodation services other than residential accommodation to be provided on a specific date or during a specific period.
2. Term of the rental
The rental that is the subject of this agreement is a seasonal rental (furnished tourist accommodation). The premises may under no circumstances be regarded as the CLIENT’s principal residence, and the CLIENT may not occupy the property for more than 120 days per year or 90 consecutive days. The CLIENT may under no circumstances claim any right to remain in the rented premises upon expiry of the rental period provided for in this agreement.
The stay in the rented property is provided for the number of nights booked as confirmed. No extension is possible without the written agreement of Mademoiselle Conciergerie. Should the CLIENT decide to shorten the duration of the stay, the full amount of the rental shall remain payable and retained.
3. Amendment and cancellation of the booking
The terms for amending and cancelling the booking are set out in the listing. Where applicable, the amount of any fees is also stated there.
The CLIENT must immediately inform Mademoiselle Conciergerie (through the platform used for the booking and in accordance with the cancellation procedures provided for there) of the CLIENT’s intention to cancel the booking and of the reason for it, only a reason amounting to force majeure being capable of releasing the CLIENT from payment of the rental in full. No cancellation shall be accepted by telephone.
It is for the CLIENT to take out cancellation insurance. The cancellation terms and the scope of cover depend on the insurance policy taken out.
In the event of cancellation, the security deposit, the cleaning charge, the laundry charges and the tourist tax shall not be payable or shall in any event be refunded.
Cancellation by Mademoiselle Conciergerie
Should the property be unable to be made available by reason of force majeure (and in particular fire, burglary, water damage, repairs required following damage caused by a previous occupant, etc.), Mademoiselle Conciergerie shall do its utmost to rehouse the CLIENT in a property of the same or a higher category, situated as close as possible to the one chosen by the CLIENT, without any change to the dates or the price. Should such a change prove impossible, or should the CLIENT refuse it, all sums paid by the CLIENT shall be refunded in full.
4. Arrivals and Departures
Arrival
Arrival is scheduled between 5pm and 8pm. At the time of booking, Mademoiselle Conciergerie will ask the CLIENT to state precisely the time of arrival within that window so that the best possible key handover procedure can be arranged. A supplement will be charged if arrival has to take place after 8pm: €35 incl. VAT between 8pm and 11pm, and €50 incl. VAT thereafter.
After booking and payment, the directions and the telephone number of the person to be contacted in the event of delay will be sent to the CLIENT.
Departure
Check-out and the handover of the keys take place before 10am on the morning of departure, for the check-out inventory of fixtures provided for in the article “Inventory of fixtures and damage”. The CLIENT is invited to attend; if the CLIENT is unable to be present, the CLIENT shall so inform Mademoiselle Conciergerie.
The replacement of keys that are not returned will be recharged to the CLIENT, including management fees amounting to 20% of the amount of the locksmith’s charges.
Should the keys not be returned and the premises continue to be occupied for any reason whatsoever, Mademoiselle Conciergerie will take all measures, including legal proceedings, with a view to their return and, where appropriate, to eviction and compensation.
Welcome booklet
A welcome booklet is made available to the CLIENT in paper form, or left in a visible place upon entry into the premises, setting out in particular the specific features of the premises, the particularities of the operation of certain equipment where applicable, as well as the rules of life in the rented property and in particular the household waste collection days, a reminder of prohibited uses and the emergency telephone numbers.
Individual police registration form
Should the CLIENT be of foreign nationality, an individual police registration form will be provided to the CLIENT no later than on the day of entry into the premises, pre-completed by Mademoiselle Conciergerie on the basis of the information available to it. The CLIENT must complete the document where necessary and sign it.
Any refusal to complete or sign the individual police registration form may result in a refusal to make the rented property available.
5. House rules
It is expressly agreed that compliance with the House rules, in particular as regards noise, nuisance and respect for neighbours, is an essential condition of this agreement.
The co-ownership rules apply to the CLIENT, who certifies and acknowledges having read them and having confirmed the booking.
By renting a property through “Mademoiselle Conciergerie”, the CLIENT undertakes to comply with the co-ownership rules.
The CLIENT undertakes to comply strictly with the house rules. The CLIENT also guarantees compliance with those house rules by all occupants of the rented property.
The CLIENT is personally liable, on a joint and several liability basis, for any damage, any deterioration and any breach of these terms and conditions committed by the occupants of the rented property as well as by any person whom the CLIENT has invited or brought onto the premises.
Occupancy of the rented property
The CLIENT undertakes to occupy the property in accordance with its intended purpose, namely as a holiday residence, for strictly private purposes. The property may under no circumstances be used in connection with any commercial, craft or professional activity, or for the holding of any event or party without prior agreement given by Mademoiselle Conciergerie.
The rented property must be occupied by the CLIENT, as signatory to the agreement, and the CLIENT’s companions, under normal conditions of use for such a property and with due respect for the installations and equipment, and within the limit of the number of persons that the property can accommodate as stated in the listing.
Should a greater number of occupants be found, Mademoiselle Conciergerie reserves the right to terminate the rental agreement and to take any steps with a view to obtaining their departure from the premises.
Parties or excessive noise, respect for neighbours
As a matter of principle, parties and any excessive noise (> 75 dB) are strictly prohibited. In this regard, the rented property may be fitted with a sound level meter detecting any noise above that limit. That device measures the sound level only; it does not pick up, listen to or record any conversation or any other sound.
The CLIENT shall refrain from any interference with quiet enjoyment or any nuisance to neighbours.
The volume of music playback devices, radio and television sets and other sound-emitting devices must be set so that neighbours cannot hear them.
Any noise or odour nuisance is in this respect strictly prohibited between 8pm and 7am.
The CLIENT and the CLIENT’s companions undertake not to commit any act likely to disturb the peace of the other residents of the building, the neighbourhood, the housing estate and, more generally, of the neighbours.
They undertake in particular not to do anything, and not to use any machine or appliance, that may create any nuisance whatsoever for the neighbourhood, whether through unpleasant odours, dirt (dust, debris, etc.), vibrations, tremors, raised voices or in any other manner.
Furthermore, a lump sum equal to 100% of the total rental price, capped at €10,000, shall be payable as a penalty clause in each of the following cases:
- the holding of a party or an event not authorised in advance and in writing by Mademoiselle Conciergerie;
- noise nuisance or disturbance of neighbours established, in particular, by the sound level meter reading, by a complaint from neighbours or by the intervention of the police;
- occupancy of the rented property by a number of persons exceeding the accommodation capacity stated in the listing.
This sum is payable without prejudice to the costs of repair, replacement and reinstatement, which remain payable in addition. It may be charged against the security deposit under the conditions provided for in the article “Security deposit”.
Pets
Pets are accepted only insofar as their presence has been expressly agreed at the time of booking. Where pets are prohibited, this is stated in the listing. In such a case, no exception is possible.
Smoking/vaping
The rented property is NON-SMOKING. It is absolutely prohibited to smoke or vape inside the rented property. Where tobacco is consumed outside, cigarette ends must be picked up and placed in the bin, once fully extinguished. No cigarette end or ash may be left in the outdoor areas of the rented property: swimming pool, garden, etc.
Any cleaning required as a result of smoking or vaping on the premises shall be borne by the CLIENT, against a supporting invoice.
Loss or theft
The CLIENT shall have no right of recourse in the event of theft or loss on the rented premises. Mademoiselle Conciergerie and the OWNER accept no liability in the event of loss or theft.
Interruption of water, gas or electricity supply
The Owner may not be held liable for interruptions to the water, gas, electricity or internet supply. The CLIENT will, however, be informed of any planned interruptions by the operator of the network concerned.
6. Inventory of fixtures and damage
Mademoiselle Conciergerie makes the property available to the CLIENT in good working order and in a good state of repair.
Check-in inventory of fixtures
Before welcoming the CLIENT, Mademoiselle Conciergerie carries out a check-in inventory of fixtures: a video of the whole property, inside and outside, with cupboards and drawers opened, together with photographs of any anomaly observed. Those videos and photographs show the property only. They are dated and retained for at least one year after the stay. The CLIENT may obtain a copy of them on simple written request, during the stay or after departure.
In the absence of a check-in inventory of fixtures, the CLIENT is presumed to have received the property in good condition, unless proved otherwise.
On arrival, a tour of the property is offered to the CLIENT. That tour does not shorten the CLIENT’s reporting period.
Reporting by the CLIENT
The CLIENT has three days after entering the premises to report any defect, damage or missing equipment not recorded in the check-in inventory of fixtures. That report is made in writing, by SMS, WhatsApp, email or through the messaging service of the CLIENT’s booking platform, accompanied where possible by a photograph.
A defect reported within that period is not borne by the CLIENT, unless the check-in inventory of fixtures shows that it did not exist on arrival.
After that period, the CLIENT retains the possibility of proving by any means that a defect already existed on arrival.
The CLIENT shall also report without delay any breakage or any incident occurring during the stay.
Upkeep during the stay
The CLIENT shall maintain the rented premises throughout the stay. The rented property must be returned in the state of cleanliness in which it was entrusted to the CLIENT.
The CLIENT is in particular under an obligation to return the property in the state in which it was found on arrival: to do the cleaning, leave the crockery clean and put away or in the dishwasher with the dishwasher running, place the waste in the containers in accordance with the collection instructions provided to the CLIENT, empty the refrigerator and the freezer, switch off the lights and the appliances, leave the household linen provided in each bedroom and check that it is complete, and put back in their place any items of furniture that the CLIENT has moved.
Check-out inventory of fixtures
On departure, under the conditions provided for in the article “Arrivals and Departures”, a member of the Mademoiselle Conciergerie team carries out a full tour of the property, inside and outside, and certifies in writing having done so. Any damage, breakage or missing item observed at that time is photographed; the photographs are dated and retained.
The CLIENT is invited to attend and may require that it be carried out in the CLIENT’s presence, by agreeing a time with Mademoiselle Conciergerie. If the CLIENT has already left, the check-out inventory of fixtures is drawn up without the CLIENT, under the same conditions.
Damage borne by the CLIENT
The CLIENT is answerable for damage, breakages and missing items occurring during the stay, whether caused by the CLIENT, by the persons the CLIENT accommodates or by any person whom the CLIENT has allowed into the property, unless the CLIENT establishes that they occurred without any fault on the CLIENT’s part.
Damage may be borne by the CLIENT if it does not appear in the check-in inventory of fixtures and is observed during the check-out inventory of fixtures or discovered after the CLIENT’s departure, before the arrival of the next occupants and no later than 30 days after the CLIENT’s departure. It is established by any means, in particular dated photographs or videos, the findings of the cleaning team, a quotation or an invoice. This does not preclude the penalty clause provided for in the article “House rules”.
Normal wear and tear, dilapidation through age, equipment breakdowns not due to misuse and damage caused by force majeure are never borne by the CLIENT.
The facts triggering the penalty clause provided for in the article “House rules” are established by any means, in particular the sound level meter reading, a complaint from neighbours, a police report, photographs or witness statements.
Additional cleaning
The cleaning charge paid by the CLIENT covers the usual cleaning of a property after a stay. Where the condition of the property on departure requires more than that end-of-stay cleaning (abnormal soiling, waste or items left behind, tidying up after a party), the additional cleaning is charged in proportion to the work actually required, against a supporting invoice. That finding is made either by the member of the Mademoiselle Conciergerie team during the check-out inventory of fixtures, or by the cleaning team instructed by Mademoiselle Conciergerie which attends after departure; it is established by any means, in particular dated photographs.
Costs and deduction from the security deposit
Repairs and replacements are charged at their actual cost, evidenced by a quotation or an invoice. An item that is replaced is replaced by an equivalent item, taking into account its age and its condition. Where that cost is not yet known at the time of the charge, the amount charged is estimated in good faith; the quotation or invoice is provided to the CLIENT on simple request as soon as it is drawn up, and the difference is refunded to the CLIENT or claimed from the CLIENT under the conditions set out below.
Those sums, together with the additional cleaning and, where applicable, the penalty clause provided for in the article “House rules”, are charged against the security deposit and to the payment card or cards used to provide it, according to the form of the security deposit:
- where an amount is held on the CLIENT’s card (pre-authorisation), the charge is first made against that amount held, for as long as it remains held, and any part of it not charged is released at the same time; where the sums due exceed the amount held, where further sums become due afterwards, or where the amount held has already been released, one or more charges may be made to the card or cards used to provide the security deposit, no later than 30 days after the CLIENT’s departure;
- where the CLIENT’s card is registered without any amount being held (registered card), the sums due are charged to that card, in one or more operations, no later than 30 days after the CLIENT’s departure;
- where the security deposit was provided by bank transfer, the charge is made against the sum received and the balance is returned by bank transfer within the same period.
Where a charge cannot be made (card declined, expired or removed, or time limit exceeded), or where the sums due exceed the sum received by bank transfer, the remaining sum is the subject of an invoice sent to the CLIENT.
Every charge is notified to the CLIENT in writing, by SMS and by email, at the time it is made, together with its amount. The reason and the supporting documents (photographs, videos, quotations, invoices) are provided to the CLIENT on simple written request.
The CLIENT may dispute a charge in writing with Mademoiselle Conciergerie, which replies in writing with the supporting documents. Failing agreement, the CLIENT may have free recourse to the consumer mediator indicated in the article “Disputes”.
Where no sum is due, nothing is debited: the amount held is released automatically by the CLIENT’s bank, no later than 30 days after departure depending on the type of card, and a registered card with no amount held is not debited. The release of the amount held, whether it occurs automatically or at the initiative of Mademoiselle Conciergerie, does not preclude the charges provided for above.
7. Amount and payment of the booking
The payment stage takes place after validation of the booking by the CLIENT. The amount of the rental is stated at the time of validating the booking, and then in the booking confirmation email.
The payment stage includes the additional charges relating to the rental and referred to in the summary, that is to say the tourist tax and, where applicable, the departure cleaning and any other service. Those charges may also include the price of the additional services purchased by the CLIENT in addition to the rental.
Payment of the rental in full must be made at the time of booking and in any event no later than within the two (2) days that follow. The booking will be cancelled if no payment is received within two (2) days of the booking.
Only payments by bank transfer and by credit or debit card are accepted.
Any bank charges are borne by the CLIENT. Upon receipt of payment, an email confirming the booking and its details is sent.
Whatever the agreed payment terms, no keys will be handed over without payment in full for the stay.
The rental price includes (unless stated otherwise):
- Water, gas and electricity consumption (within the limits of reasonable and prudent consumption). Any excess will be charged in addition;
- Internet access (if a connection is available);
- Cleaning of the premises before your arrival;
- Telephone assistance during your stay;
- Household linen and the laundering thereof at the end of the stay.
The CLIENT is solely responsible:
- For appliances belonging to the CLIENT which the CLIENT connects to the electrical system of the rented property, as well as for the consequences of such a connection where, in particular, the condition of the appliance causes damage to the electrical system of the rented property, to the rented property itself or to any other appliance forming part of the equipment of the rented property;
- For the use made of the internet connection made available during the stay. In this regard, the CLIENT absolutely undertakes not to use the internet connection in any manner or for any purpose contrary to the law or to the interests of third parties.
The rates displayed are subject to modification at the discretion of Mademoiselle Conciergerie. The price of the rental booked is fixed upon validation of the booking.
8. Security deposit
In addition to the rental price, the CLIENT provides a security deposit. Its purpose is to cover the repairs or reinstatement that may be required following the CLIENT’s stay in the rented property, as well as the sums listed below.
The security deposit is registered by the CLIENT by means of a secure link sent to the CLIENT before arrival, payment for which is processed by our provider Stripe. That registration takes one of the following two forms:
- a pre-authorisation: the amount is held on the CLIENT’s payment card, without being debited at the time of registration;
- a registered card: the CLIENT’s payment card is registered, with no amount held.
The security deposit may be split across several payment cards.
Where no payment card is available, the security deposit may be provided by bank transfer; it must then be received no later than 48 hours before the start of the stay.
The security deposit must be registered in full before arrival. Failing this, the stay cannot begin and no keys are handed over.
The registered card may be retained securely by the payment provider in order to renew the authorisation where the duration of the stay exceeds the period of validity of that authorisation, and to make the charges provided for in the article “Inventory of fixtures and damage”.
The CLIENT expressly authorises Mademoiselle Conciergerie to charge, against the security deposit and to the payment card or cards used to provide it, in one or more operations and including in excess of the amount of the security deposit, in the forms and within the time limits provided for in the article “Inventory of fixtures and damage”, the following sums:
- the costs of repair, replacement and reinstatement of the damage observed;
- the cleaning costs provided for in the articles “House rules” and “Inventory of fixtures and damage”;
- the penalty clause provided for in the article “House rules”.
Those sums are applied in the following order: first, the costs of repair, replacement and reinstatement; second, the cleaning costs; and last, the penalty clause.
A repair or replacement invoice is drawn up for each item of damage observed, where applicable after the charge has been made. The sums claimed are claimed against a supporting invoice.
The CLIENT undertakes to refer any dispute concerning a sum charged to Mademoiselle Conciergerie first, before taking any step with the CLIENT’s banking institution.
The security deposit is returned in full, or the pre-authorisation released, if no abnormal damage, that is to say damage not connected with normal use of the rented property and its installations, is observed during the check-out inventory of fixtures or discovered after the CLIENT’s departure under the conditions provided for in the article “Inventory of fixtures and damage”, and if no other sum provided for in this article is due. Where no charge is made, the return is effected under the conditions provided for in the article “Inventory of fixtures and damage”. A security deposit provided by bank transfer is returned by bank transfer.
Where the sums due exceed the security deposit paid, held or registered, the excess may be charged to the payment card or cards used to provide the security deposit, under the conditions provided for in the article “Inventory of fixtures and damage”; where that charge cannot be made, the CLIENT undertakes to pay the excess against an invoice.
9. Rental conditions
Mademoiselle Conciergerie ensures that the OWNER:
- Delivers the accommodation to the CLIENT in good working order;
- Ensures the CLIENT’s quiet enjoyment of the accommodation;
- Warrants the CLIENT against defects and faults in the rented property which prevent its use.
Without this releasing the OWNER from the OWNER’s mandatory obligations under the rental, the OWNER may not be held liable for damage suffered by the CLIENT or by any third party whatsoever by reason of any use of the rented property, or of any installation or equipment located there, that does not comply with its intended purpose or that is inappropriate or dangerous.
10. Insurance
The CLIENT undertakes to be insured for the entire duration of the stay under a public liability or holiday rental insurance policy (covering in particular damage caused by carelessness or negligence), and to provide Mademoiselle Conciergerie, on request, with a certificate of insurance.
The insurance undertaking is an essential obligation borne by the CLIENT and for the benefit of the OWNER.
Failing the provision of such a certificate no later than two days before the arrival date, Mademoiselle Conciergerie may decide to cancel the booking without compensation.
11. Termination of the agreement
This agreement shall be deemed terminated automatically:
- in the event that the CLIENT does not arrive after 8pm on the scheduled day of arrival, in the absence of any notification of late arrival;
- in the event of a failure to comply with any of the CLIENT’s undertakings under the house rules.
12. Liability of Mademoiselle Conciergerie
By reason of the rental: Mademoiselle Conciergerie is the agent of the OWNER in connection with the rental. Its liability may be engaged only in that capacity, under the conditions of ordinary law.
By reason of the additional services: Mademoiselle Conciergerie uses its best efforts to provide quality services meeting high standards of performance. It is not under an obligation to achieve a specific result.
13. Disputes
In accordance with the provisions of the French Consumer Code on “the consumer dispute mediation process”, after contacting Mademoiselle Conciergerie and failing a satisfactory reply, the CLIENT may have free recourse to a consumer mediation procedure with:
- CM2C
- 49 rue de Ponthieu – 75008 PARIS – France
- Tel.: +33 1 89 47 00 14
- Website: https://www.cm2c.net/declarer-un-litige.php
- Email: litiges@cm2c.net
The Parties agree that the dispute may not be examined by the consumer mediator where:
- the CLIENT does not show that an attempt was first made to resolve the dispute directly with Mademoiselle Conciergerie by means of a written complaint sent by registered letter with acknowledgement of receipt;
- the claim is manifestly unfounded or abusive;
- the dispute has previously been examined by, or is being examined by, another mediator or a court;
- the CLIENT submitted the claim to the mediator more than one (1) year after the CLIENT’s written complaint to Mademoiselle Conciergerie;
- the dispute does not fall within the mediator’s remit.