General Rental Terms and Conditions
Section 1 - Scope of application
These rental conditions apply to all rental contracts concluded through the intermediation of the company Riviera HomeLife Management SASU and in particular via the website riviera-homelife.com.
These General Rental Terms and Conditions govern the conditions for the conclusion and performance of the rental agreement concluded between the Tenant and the Landlord (owner of the holiday accommodation).
Riviera Homelife Management (hereinafter referred to as the “Agent”) acts only as an agent on behalf of and for the account of the Landlord and is itself no party of the rental agreement.
Section 2 - Conclusion of the rental agreement
2.1. The Tenant can make a reservation request directly on the website (www.riviera-homelife.com). A reservation shall only become effective after receiving the booking confirmation from the Agent.
2.2. Upon making a booking request, the Tenant agrees to these General Rental Terms and Conditions as well as any specific house rules that may apply to the selected accommodation and which can be downloaded from the description of the rental property.
2.3. Any specific requests made by the Tenant at the time of booking will be taken into account and forwarded to the Landlord. However, there is no guarantee that these will be fulfilled. The Landlord shall only be obliged to fulfil special conditions if these have been confirmed in writing.
Section 3 – Payment terms
3.1. Upon receiving the reservation confirmation, a deposit amounting to 20% of the total rental price shall be due immediately, but no later than seven (7) days.
3.2. Payment of the remaining rental price shall be made unsolicited - in accordance with the details on the invoice - but no later than 30 days before the start of the rental period.
3.3. Payments shall be made exclusively by bank transfer.
3.4. For reservations made within 30 days before the start of the rental period, the entire rental price shall be due immediately.
3.5. If the Tenant fails to pay the deposit and/or final payment by the agreed due dates, the Landlord shall be entitled to first send a reminder with a payment deadline and then, if this remains ignored, to withdraw from the rental agreement and charge the Tenant the withdrawal costs as provided for in Section 5.
Section 4 - Obligations of the Tenant
4.1. For the conclusion of the rental agreement and its fulfilment, the Tenant undertakes to provide the Agent with any requested information about himself and any other travellers (if applicable). This includes name, address, place of residence, date of birth, nationality, telephone number and e-mail address.
4.2. The Tenant shall be responsible for obtaining all travel documents required for the stay (passport, visa, vaccination certificates). The Tenant shall not be entitled to cancel the rental contract because of failing to obtain any travel documentation required for the stay or because such documentation is not available.
4.3. During the stay, the Tenant has a general duty to care for the rental property. The Tenant shall assume responsibility for ensuring that all guests comply with any house rules.
4.4. The rental property may only be occupied by the number of persons specified in the order. In the event of over-occupancy (i.e., when the number of guests exceeds the maximum number of occupants as stated in the advertisement), the Landlord shall be entitled to either terminate the contract without notice in accordance with Article 6 of these General Rental Terms and Conditions or to charge each extra guest an additional fee.
4.5. Any damage caused by the Tenant or another guest must be reported immediately by e-mail to the following address: complaint@riviera-homelife.com
Section 5 - Cancellation conditions of the Tenant
5.1. In the event that the Tenant wishes to withdraw from the agreement up to 24 hours prior to the scheduled arrival date, the following percentages of the total net rental price shall be payable:
5.2. In the event of a no-show (NO SHOW), 100% of the rental price shall be due.
5.3. In the event of early departure (without prior consultation and without written agreement from the Landlord), the entire rental price shall be due.
5.4 A processing fee of €30 will be charged for cancellations.
Section 6 - Deposit
No later than 7 days before the start of the rental period, the Tenant shall provide the Agent with the deposit stated on the booking confirmation as security for any rental damage.
Rental damage includes all damage and any deterioration of the accommodation as well as damage, loss or theft of any movable property in the accommodation during the rental period.
The deposit will be refunded to the Tenant within 15 days of departure if there is no rental damage.
Should, however, any rental damage occur, the deposit will be refunded within a maximum of 2 months after the costs for repairing the damage incurred and upon presentation of receipts and invoices.
Section 7 - Arrival, departure and handover/acceptance protocol
7.1. Unless otherwise agreed, the Tenant may move into the rented property on the first day of the rental period between 17:00 and 20:00. Departure must take place on the last day of the rental period between 08:00 and 10:00.
7.2. The key will only be given to the Tenant who reserved the trip upon presentation of an official identity document. Other guests may only accept the key with a power of attorney.
7.3. On the day of arrival, the Tenant undertakes to contact the local contact person by telephone two hours before arrival to inform them of the expected arrival time. Arrival after 20:00 is only possible if this has been agreed in advance with the contact person on site. Otherwise, the handover of the keys may be postponed until the next day without the Tenant being entitled to any compensation, or the Tenant may be charged additional costs.
7.4. The parties agree to draw up and sign a handover/acceptance protocol on the day of arrival as well as on the day of departure. The Landlord may be represented by a person of his choice. If the Tenant leaves the rented property without signing the handover/acceptance protocol, the Agent may request a court bailiff to draw up a handover/acceptance protocol and charge the Tenant for any costs involved.
Section 8 - Defects
8.1. Complaints about defects in the rented property must be made by telephone or e-mail to complaint@riviera-homelife.com immediately and at the latest within 24 hours of their occurrence or discovery. Failure to notify us within the aforementioned period will result in the Tenant being held liable for the defect as well as for any consequential damage.
8.2. The Tenant is obliged to cooperate in the rectification of defects, to minimise any damage and to grant a reasonable period of time for the rectification of defects. To this end, the Tenant must grant the Landlord access to the rented property.
Section 9 - Special provisions on the use of the pool
9.1. Private pools or pools at the holiday properties are used at the Tenant’s own risk.
9.2. The Landlord is responsible for setting up appropriate safety measures for the pool in accordance with the laws of the country in which the rental property is located.
9.3. The pools at the rental properties may be secured by various security systems (alarm system, fence, tarpaulins). If an alarm system is present, the Tenant is strictly prohibited from switching it off. Any existing security systems do not release the Tenant from the permanent duty to supervise any accompanying children.
9.4. Children under the age of 14 may only use the pool under the supervision of an adult, whereby children must wear a buoyancy aid. Any safety precautions must not be regarded as a substitute for the parents’ duty to supervise their children.
9.5. At the start of the rental, the existing safety system will be checked for functionality in the presence of the Tenant and its operation will be explained to the Tenant. During the rental period, the Tenant shall report any malfunction of the security system to the Agent or the Landlord immediately.
9.6. The Tenant is prohibited from personally operating the pool technology. If there are any problems with the pool (e.g., if the pool water turns green or the cleaning system or heating does not work properly), the Tenant must report this immediately to the Agent or Landlord to avoid any consequential damage.
Section 10 - General house rules
10.1. The Tenant assumes responsibility for compliance with the general house rules and, where applicable, the compliance of all guests with the house rules specific to the rented property.
10.2. Smoking inside the rented property is forbidden. Any ashtrays provided are intended solely for outdoor use.
10.3. At the end of the stay, the Tenant must
- leave the rented property clean and tidy;
- directly dispose of all household waste, bottles, paper, etc. and clean the barbecue grill;
- empty the dishwasher and refrigerator.
These services are not covered by the flat-rate cleaning fee. If the above obligations are not fulfilled, the Landlord shall be entitled to retain part of the rental deposit for any additional cleaning costs.
10.4. The Landlord is responsible for selecting the language(s) of the television channels received; this/these may not be changed by the Tenant. Failure to comply with this prohibition may result in the Tenant being charged in the event that a technician is required.
10.5 If WLAN is available for use at the rented property, it is intended for private use only and is not an essential contractual condition. Even if the website indicates that WLAN and/or Internet access is available in the rental property, there is no guarantee that the Internet connection will function properly. The Landlord is not liable to the Tenant or other guests if the WLAN and/or Internet access does not work (temporarily) or is not available.
10.6. Due to any very sudden strong winds in the region, all sunshades must be closed and the awnings retracted every time upon leaving the rental property. In the event of damage, the Landlord shall have the right to deduct any repair/replacement costs from the rental deposit or to make a subsequent additional charge.
10.7. Cushions and sun lounger futons may only be used with towels and must be stowed away at night. In the event of damage (e.g., soiling due to mildew stains), the Landlord has the right to deduct any repair/replacement costs from the rental deposit or to make a subsequent additional charge.
10.8. Should any pets/animals be permitted in the rental property, these must be at least one year old. Furthermore, in the reservation confirmation, the Landlord must give his express permission prior to the stay. This will incur an additional fee of €25/animal/week.
When a pet stays in the rental property, the following must be observed:
- There is no pet equipment (such as bowls, blankets or toys) provided. These must be brought along;
- for reasons of hygiene and out of consideration for other tenants, dogs are strictly prohibited from using the pool;
- dogs are not permitted in the bedrooms or on the beds and sofas – should any sofas, bedspreads etc. be soiled, the cleaning/replacement will be charged extra;
- pets/animals may not do their business on the lawns of the properties. Should non-compliance with this rule necessitate any horticultural intervention, e.g. the partial laying of turf to restore a uniform lawn (e.g. due to unsightly yellow patches caused by urine), this will be charged to the Tenant.
Without prejudice to the Landlord’s right to terminate the rental agreement in accordance with Section 12 and without prejudice to other claims for damages, the Landlord may charge a flat-rate compensation of €150.00/pet/day if pets stay in the rented property without prior approval.
Section 11 - Number of guests
11.1. The number of guests stated in the booking confirmation may not be exceeded.
11.2. Should Section 11.1 be breached, the Landlord shall charge €150.00 per day for each person who exceeds the maximum number of permitted guests. This fine shall be applied without prejudice to the Landlord’s right to claim further damages.
Section 12 - Termination
In the following cases, the Landlord shall be entitled to terminate the contract without notice via letter or e-mail and to demand that the rented property is vacated immediately:
In these cases and without prejudice to any further claims for damages potentially asserted by the Landlord, the Tenant shall not be entitled to a refund of the rental price.
Section 13 - Disclaimer
In the following cases, the Landlord’s liability is excluded to the extent permitted by law:
- Loss of function of the household equipment (household appliances, electrical appliances, plumbing, etc.) of the rented property. In the event of a malfunction, the Landlord shall endeavour to procure a replacement or to commission a repair, whereby it should be noted that due to some typical local conditions - especially in the high season - the period of time needed for the repair may exceed the duration of the Tenant’s stay.
- Noise and noise nuisance from neighbours, construction work or agriculture.
Section 14 - Force majeure
The Landlord’s liability is excluded in the event of force majeure. Force majeure is defined as any event beyond the Landlord’s control that could not reasonably have been foreseen at the time the contract was concluded and the effects of which cannot be prevented by appropriate measures, but which prevent the Landlord from fulfilling a specific obligation (Article 1218 of the French Civil Code). Force majeure includes (but is not limited to) natural and weather events, strikes, wars, embargoes, official orders, etc.
If the rental property becomes unusable or inaccessible due to force majeure, the Landlord will endeavour via the Agent to find a replacement solution for the Tenant. If the Tenant cannot be offered any satisfactory alternative, the rental agreement shall be terminated and all amounts paid by the Tenant in advance shall be refunded.
Article 15 - Final provisions
15.1. These General Rental Terms and Conditions and the individual rental contracts are governed exclusively by French law.
15.2. Any disputes arising from the conclusion, interpretation, performance or termination of a rental contract as set forth in these General Rental Terms & Conditions shall be governed exclusively by the applicable laws of Fréjus (France).
15.3. In the event of a dispute, the Tenant is hereby informed of the possibility of submitting a request to the European Online Dispute Resolution Platform of the European Commission to settle the dispute without prejudice to the provisions of Article 15.2.