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 WARNING DATED AUGUST 17TH 2015

OUR TERMS AND CONDITIONS ARE CURRENTLY UNDER REVIEW. 

THE TERMS AND CONDITIONS PUBLISHED BELOW DO NOT APPLY TO NEW RENTAL AGREEMENTS. 


WARNING DATED AUGUST 17TH 2015

OUR TERMS AND CONDITIONS ARE CURRENTLY UNDER REVIEW; THE TERMS AND CONDITIONS BELOW DO NOT APPLY TO NEW RENTAL AGREEMENTS


TERMS AND CONDITIONS

applying to

furnished residential rental agreements

reached under the auspices of

PARIS POSTINGS 

 

 

IMPORTANT NOTICE: THIS ENGLISH VERSION OF THE PARIS POSTINGS TERMS AND CONDITIONS IS PROVIDED FOR INFORMATION PURPOSES ONLY AND NOT AS A CONTRACTUAL DOCUMENT. PARTIES TO THE AGREEMENTS THEY REFER AND APPLY TO, AND FORM A PART OF, ACCEPT THAT SUCH AGREEMENTS ARE SUBJECT TO FRENCH LAW ONLY, THAT ALL CONTRACTUAL DOCUMENTS FORMING SUCH AGREEMENTS WILL BE DRAWN UP IN THE FRENCH LANGUAGE ONLY, INCLUDING  A FRENCH VERSION OF THESE TERMS AND CONDITIONS, AND THAT ONLY THE ENFORCEMENT OF THE FRENCH VERSION OF THESE DOCUMENTS MAY BE SOUGHT BEFORE FRENCH COURTS.

 

 

 

FURNISHED RESIDENTIAL RENTAL AGREEMENTS

REACHED UNDER THE AUSPICES OF

PARIS POSTINGS.

A furnished residential rental agreement reached under the auspices of PARIS POSTINGS (the AGREEMENT) is subject to French laws and regulations and, in addition, to the terms set forth in the  FRENCH VERSION of these TERMS AND CONDITIONS and other contractual documents as described in paragraph B below, "MATERIAL FORM OF THE AGREEMENT", which together form the AGREEMENT. The FRENCH VERSION of these TERMS AND CONDITIONS, and other documents described in paragraph B below, "MATERIAL FORM OF THE AGREEMENT", must be agreed to, and signed, by both parties to the AGREEMENT for the AGREEMENT to be valid.

 

A. PARTIES TO THE AGREEMENT: the OWNER and the TENANT.  

 

1. The OWNER

 

PARIS POSTINGS is the domain name under which its two founders (see below) have chosen to publicise the furnished lodgings they respectively own on the internet.

 

PARIS POSTINGS has no legal existence and no authority to contract in its name or in the name of its founders.

 

The two founders of PARIS POSTINGS are the following:

a) Gram SNC,SIREN 519 704 399, RCS Paris, 48, rue Galilée, 75116-PARIS, FRANCE.

b) Compagnie de l'Archipel SNC, SIREN 519 704 340, RCS Paris, 48, rue Galilée, 75116-PARIS, FRANCE.

In these TERMS AND CONDITIONS the term OWNER refers to either Gram SNC or Compagnie de l'Archipel SNC, whichever is the owner and manager of the premises under the AGREEMENT.

 

 

2. The TENANT

 

The TENANT is the party who agrees to pay rent in accordance with the terms of the AGREEMENT, in exchange for the right, according to the terms of the AGREEMENT, to either occupy the rented lodgings him or herself, in which case the TENANT is also the OCCUPIER of the lodgings as in paragraph D. 1 below, or to place the lodgings at the disposal of an employee, or employees, of the TENANT, subject to the conditions set forth in paragraph D. 2 below, in which case the OCCUPIER, who is the TENANT's employee, is not a party to the AGREEMENT.

 

When the OCCUPIER is not the TENANT but an employee of the TENANT, it is understood that the OWNER would not enter into the AGREEMENT if the TENANT did not accept, by entering into the AGREEMENT, to take all reasonable measures to ensure that the OCCUPIER complies with the terms of the AGREEMENT. With respect to the AGREEMENT, the expression "reasonable measures" used above includes, but is not limited to, the act of remitting a copy of the contractual documents as described in paragraph B below to the OCCUPIER and of securing his or her agreement to abide by them, prior to giving him or her access to the lodgings. By subscribing to the AGREEMENT, the TENANT accepts full responsibility for non-compliance on the part of the OCCUPANT to his or her obligations resulting from his or her occupancy or from contractual documents signed by the TENANT. 

 

 

B. MATERIAL FORM OF THE AGREEMENT.

 

 

The AGREEMENT is comprised of the following four contractual documents, which together form the entirety of the AGREEMENT and must be signed by both parties.

 

The attention of both parties is drawn to the fact that these four documents are drawn up in the FRENCH LANGUAGE.

 

1. LEASE CONTRACT ("Contrat de location meublée").

The LEASE CONTRACT specifies the address of the lodgings, their description, the type of occupancy, the duration of the LEASE CONTRACT, the monthly rent, the security deposit, lists the services and utilities included in, or excluded from, the rent, and contains other contractual details.

 

2. LIST OF CONTENTS AT BEGINNING OF TENANCY ("Inventaire d'entrée").

The LIST OF CONTENTS, signed by both parties, provides a full list of furniture and equipment provided under the AGREEMENT, together with a description of their condition. A similar LIST OF CONTENTS AT END OF TENANCY ("Inventaire de sortie") will be drawn up at the end of the tenancy. Discrepancies will be charged to the SECURITY DEPOSIT (see paragraph F below). 

 

3. CONDITION OF PREMISES AT BEGINNING OF TENANCY ("Etat des lieux d'entrée").

The CONDITION OF PREMISES, signed by both parties, provides a description of the state of repair of the lodgings. A similar description will be drawn up at the end of the tenancy ("Etat des lieux de sortie"). Discrepancies will be charged to the SECURITY DEPOSIT (see paragraph F below).

 

4. TERMS AND CONDITIONS ("Conditions générales").

The present TERMS AND CONDITIONS, in their French language version, form a part of the AGREEMENT.

 

 

 

C. EXCLUSION.

 

 

Any furnished residential rental contractual documents signed by Gram SNC or Compagnie de l'Archipel SNC or one of their tenants which are not comprised of a full set of the four above contractual documents in French, signed by both parties, are not covered by the present TERMS AND CONDITIONS.

 

 

 

 

D. LEGAL REGIME OF THE AGREEMENT.

 

 

Case D-1

When the TENANT is an individual securing a furnished residential rental lodging, the AGREEMENT is placed under the regime of articles L632-1 and following of Code de la Construction et de l'Habitation completed by the Code Civil. In this case the TENANT is also the OCCUPIER of the rented premises.

 

Case D-2

When the TENANT is a company securing a furnished residential lodging for its employee ( or a succession of its employees) related to his or her or their function, who will become the OCCUPIER (or a succession of OCCUPIERS) of the lodgings, the AGREEMENT comes under the regime of article L631-7 of Code de la Construction et de l'Habitation completed by the Code Civil. In this case, although the TENANT is not the OCCUPIER of the lodgings, the contractual obligations arising from the AGREEMENT remain binding upon the TENANT.

 

 

 

 

E. DURATION OF AGREEMENT, AND TERMINATION.

 

 

In case D-1 above:

 

Duration

  • Minimum 12 months, renewable by tacit agreement

Termination

  • The TENANT may terminate the AGREEMENT at any time, subject however to a minimum notice of one month served by registered mail to the OWNER.
  • The OWNER may terminate the AGREEMENT:

a) at the anniversary date, subject to a notice of at least three months, served by registered mail to the TENANT, if he wishes to use the lodgings himself, or is putting them up for sale; or

b) at any time, by notice served by registered mail to the TENANT if the TENANT does not fulfil his or her contractual obligations.

 

In case D-2 above:

Duration

  • Fixed freely among the parties. 

Termination

  • Terms to be fixed freely among the parties.

 

 

F. MONTHLY RENTAL AMOUNTS; RENT GUARANTEES; SECURITY DEPOSIT.

 

 

Monthly rental amounts:

 

The LEASE CONTRACT always specifies the monthly rent. In some cases it will also indicate a small additional monthly contribution covering part of the costs charged for running the building (charges locatives) .

 

Rent guarantees:

  • When the TENANT is an individual as in case D1 above, the OWNER will usually request that the TENANT arrange for a guarantee from a bank affiliated with Fédération Bancaire Française covering the duration of the AGREEMENT. A simpler solution adopted by some TENANTS is to pay one year of rent in advance, refundable pro-rata temporis if the TENANT decides to terminate the CONTRACT as stipulated in paragraph E above.
  • When the TENANT is a company contracting under the regime of article L631-7 of the Code de la Construction et de l'Habitation completed by the Code Civil as in case D-2 above, the terms of payment of the rent are to be fixed by arrangement between the TENANT and the OWNER and stipulated in the LEASE CONTRACT.

Security deposit:

  • Two months of rent refundable less damages and/or discrepancies (see B2 and B3  above) and/or excess charges.

 

 

G. SUBLETS.

A condition of the AGREEMENT is that the TENANT may NOT sublet the lodgings under any form or circumstance or make them available freely to anyone, except when the TENANT is a company  securing a furnished residential lodging for its employee ( or a succession of its employees) related to his or her or their function as in case D-2 above.

 

 

 

 

H. UTILITIES.

 

1. Telephone, TV, and internet.

 

All flats offered via PARIS POSTINGS comprise one ore more flat TV screens, and a package provided to the TENANT free of charge including a broadband wifi connexion, telephone calls to ordinary landlines in France and more than 80 countries throughout the world, and a standard subscription to leading French and  foreign TV channels. Upon request to the OWNER, free calls to French mobile lines may in some cases be included in the package. Details of the package are available upon request made to the OWNER. All calls or downloads charged by the Internet provider to the OWNER in excess of the above standard phone, internet and TV package represent additional costs which are not INCLUDED in the rent and will be reclaimed by the OWNER from the TENANT (including when the TENANT is not the OCCUPIER).

 

By entering into the AGREEMENT the TENANT agrees in advance to refund such additional costs as may be reclaimed from him by the OWNER.

 

 

2. Electricity and gas.

 

Electricity and, where applicable, gas consumption are NOT included in the rent. The OWNER will normally arrange for the TENANT to contract directly with a supplier prior to moving in.

 

 

3. Water.

 

Unless specified, water consumption is included in the rent.

 

 

 

 

I. INSURANCE.

 

The TENANT is required to take out, at his or her expense, a specific insurance policy ("assurance multirisque habitation") with a reputable insurance company, covering residential occupancy of the lodgings for him or her, or his employee(s) and family, and to provide the OWNER with a copy of the corresponding insurance certificate prior to moving in, and of any subsequent certificates of renewal. 

 

 

 

 

J. MALFUNCTIONS.

 

Flats offered via PARIS POSTINGS include household electrical, gas or other appliances as mentioned in the LIST OF CONTENTS ("inventaire"). They also comprise electrical circuitry and plumbing.

 

When a malfunction of the above is brought to his attention the OWNER undertakes to remedy it within the shortest reasonable delay at his expense, except in the case of negligent or inappropriate use on the part of the OCCUPIER or the TENANT, in which case costs will be charged to the TENANT.

 

 

K. LOSS OR THEFT OF KEYS.

 

The access to flats offered via PARIS POSTINGS is protected by high security locks and keys. In the event of loss or theft of keys circumstances may require a change of the lock and, as a consequence, of a full set of new keys. While the number of keys comprising a full set may vary from flat to flat, a full set normally comprises six keys. When a key has been lost by, or stolen from, the OCCUPIER or the TENANT, the cost of any resulting change of lock and  new set of keys will be charged to the TENANT.

 

 

L. FRENCH TAXES.

 

 

1. "Taxe foncière".

Where levied, the "taxe foncière" relating to the lodgings will be paid by the OWNER.

 

2. "Taxe d'habitation".

The "taxe d'habitation" is levied in the third or fourth quarter every year from any person found to have been in a position to occupy residential premises on January 1st of that year. It covers the provision of waste disposal, street maintenance and lighting, water disposal, and other local services, and will be claimed from the TENANT by the tax office. Prior to vacating the premises the TENANT undertakes to inform the OWNER of his new address, which the OWNER must by law forward to the tax office so that it can bill the TENANT. The "taxe d'habitation" is NOT included in the rent and must be paid by the TENANT.

 

 

M. CONFIRMED BOOKINGS.

A booking under the AGREEMENT is confirmed when:

  • All contractual documents have been signed and are held by both parties, and
  • An eligible rent guarantee and down-payment has been received and acknowledged by the OWNER, and
  • The security deposit has been received and acknowledged by the OWNER.

 

 

N. CANCELATIONS.

 

Bookings may be cancelled by the TENANT free of any charge up to one month before moving in. Cancelations made less than one month before moving in are subject to a maximum cancelation charge equal to one month's rent. This amount may be reduced pro rata temporis if the OWNER finds a tenant who moves into the property less than one month after the moving in date initially booked by the cancelling TENANT.

 

 

 

O. FORCE MAJEURE. 

 

The OWNERS undertake not to practice multiple bookings. In the unlikely event that a booked flat would unexpectedly become unavailable due to FORCE MAJEURE prior to the TENANT moving in, the OWNER will endeavour to provide another flat of similar characteristics (size, number of rooms, rent, location...) to the TENANT. In the event that the OWNER should have no such flat available the OWNER will take all reasonable steps to find one on the market through an agent and suggest it to the TENANT. If the agent and the TENANT are both mutually satisfied that they can contract, the OWNER will pay any booking fees charged by the agent within the limit of one month of rent.  

  

P. JURISDICTION.

 

Disputes arising from the AGREEMENT will be subjected to French courts only.

 

 

The FRENCH VERSION of these TERMS AND CONDITIONS form a part of the furnished residential rental AGREEMENT reached between the undersigned on .......................,  bearing on lodgings located at ..............................................................

 

 

 

 

Drawn up in Paris on ....................

 

© - 2012

GRAM SNC - 48, rue Galilée, 75116 PARIS 

Compagnie de l'Archipel SNC - 48, rue Galilée, 75116 PARIS

ALL RIGHTS RESERVED