General conditions of sale and use of the Maison du Meunier

Last updated on 8/03/2022 (Version 1.0.1)

1. About us

The Company MOULIN DU VIVIER, SARL, with a capital of 68,450 euros, whose registered office is at SAINT-MARTIN-LALANDE (11400) écluse du Vivier, registered in the CARCASSONNE Trade and Companies Register under the number 591 950 118 represented by Mrs Sylvie MAURY (hereinafter the "Company") The Company offers, to its Clients via its Internet Site, an online booking service for a stay in the gîte la Maison du Meunier.

2. The parties to the contract

This seasonal rental contract is reserved for the exclusive use of the accommodation "La Maison du Meunier" located on the Canal du Midi, Ecluse du Vivier 11400 Saint-Martin-Lalande

The Moulin du Vivier cannot be held responsible for the use of its contract by third parties or for purposes other than tourism.

The Tenant has entered into the rental agreement for a fixed period, as stipulated in paragraph 3 of the said agreement, and therefore may not under any circumstances claim any right to remain in the premises at the end of the stay.

He is not allowed to establish his main residence in the Maison du Meunier.

In particular, he may not claim the benefit of the provisions of Law n° 89-462 of 6 July 1989 aimed at improving rental relations and amending Law n° 86-1290 of 23 December 1986.

3. Conclusion of the contract

The reservation for the entire gîte becomes effective as soon as the tenant has sent the owner a deposit of 50% of the total amount of the rental, a photocopy of the referent's identification document, and a copy of the contract signed before the date indicated in the contract. A second copy is to be kept by the hirer. The balance of the total amount of the rental will be paid by the tenant on arrival at the gite.

The tenancy is concluded between the parties signing the contract. No third party may claim any right in execution of the contract, even partially, unless the owner agrees in writing.

The tenant shall occupy the premises personally, with his family or friends. He will not be able to install third parties either in his presence or in his absence. It is specified that the Maison du Meunier has a maximum capacity of 14 people (14 beds). It is formally forbidden to exceed the sleeping capacity.

The Tenant may not lend or sublet, in whole or in part, the rented premises under any circumstances, even temporarily or free of charge. He may not transfer, in whole or in part, his right to the present rental.

Any violation of this article 3 could lead to the immediate cancellation of the rental at the tenant's expense, the proceeds of the rental remaining definitively with the owner.

4. Lack of withdrawal

For bookings made by post, telephone, email or internet, the hirer does not benefit from the withdrawal period, in accordance with article L121-21-8 of the French Consumer Code relating in particular to the provision of accommodation services supplied on a specific date or at a specific time.

5. Cancellation by the tenant

Any cancellation must be confirmed by registered letter to the owner.

  1. a) Cancellation before arrival, the deposit is retained by the owner. The owner may ask for the balance of the stay if the cancellation occurs less than 15 days before the planned date of arrival.
  2. b) If the Tenant does not show up within 24 hours of the arrival date indicated on the contract, the present contract becomes null and void and the owner may dispose of the gîte. The deposit will also be retained by the owner who will ask for payment of the balance of the rental.
  3. c) if the stay is shortened, the price of the rental remains with the owner. No refund will be made.

6. Cancellation by the owner

The landlord pays the tenant the full amount already paid.

7. Arrival

For a physical reception, the tenant must present himself on the specified day and at the agreed time, generally until 7 pm. After 7pm, an access code will be given. This is only valid for the rental of an independent room. In the case of the complete rental of the gîte, we ask to meet the person in charge of the gîte between 4 and 7 p.m., whom we will meet again at the end of the rental period to check the premises.

8. Departure

The tenant must leave the accommodation by 11.00 a.m. on the day of departure. The owner provides a storage area for luggage in case of departure in the afternoon. This area must be vacated by the tenant by 4pm.

9. State of play

An inventory of fixtures is drawn up jointly on the basis of the inventory appended to the rental contract (Appendix 1) for the reservation of the entire gîte. This inventory of fixtures is signed by the tenant and the owner or his representative on arrival and departure. This inventory is the only reference in the event of a dispute concerning the inventory of fixtures. However, in the case of a very late arrival of the Tenant, after 21:00, as specified in paragraph 7, the Tenant cannot exercise any recourse against the owner, if he damages a part of the gîte of the Maison du Meunier or its container between his arrival and the inventory of fixtures carried out the following day, the damage will be automatically attributed to him. The cleaning of the house and the common private areas is the responsibility of the tenant during the rental period. A cleaning fee for the entire gîte is 50 euros from 2 nights. However, the tenant is obliged to leave the premises in a correct state, otherwise he will be charged exceptional cleaning costs. Correct condition" means that the premises are tidy and free of excessive dirt (e.g. dirt, grease on the kitchen piano, unfinished dishes, etc.).

10. Security deposit or bond

For the reservation of the entire gite, on the arrival of the tenant, a deposit of 250 Euros (Two hundred and fifty Euros) is requested by the owner (not cashed). After the inventory of fixtures has been drawn up, this deposit will be returned within ten days, less the cost of repairing the premises if any damage is found. In the event of early departure (before the time mentioned on the present contract) preventing the inventory of fixtures from being drawn up on the day of the Tenant's departure, the security deposit is returned by the owner within a period not exceeding ten days, less the cost of restoring the premises if any damage is noted. In this case too, the landlord will carry out the inventory of fixtures on departure and the tenant abandons any possible recourse to the landlord if any damage is found. If the cost of repairing the premises exceeds the value of the security deposit, the owner will keep the deposit and will invoice the Tenant for the difference between the value of the security deposit and the actual value of the work or the purchase of the damaged items, and will provide proof of this by presenting invoices, photos or any other evidence.

11. Charges

The parties agree that the amount of the rent is inclusive of charges and taxes (excluding tourist tax).

12. Visitor's tax

The tourist tax is a local tax that the client must pay to the owner who then pays it to the public treasury. It is not included in the rental price. It amounts to 1.10 Euros per adult per day.

13. Use of the premises

The Tenant shall ensure the peaceful nature of the rental and use it in accordance with the purpose of the premises, namely habitation by the Tenant as a furnished tourist rental. Between 8 p.m. and 8 a.m., the Tenant and his co-tenants must respect the silence of the premises. Parties and other evening events are authorised in the gîte with prior agreement. Any infringement of this last paragraph could lead to the immediate cancellation of the rental at the expense of the Tenant, the proceeds of the rental remaining definitively with the owner. The Tenant is fully responsible for the locking of the house. There is a room with electrical outlets for recharging batteries for electric bicycles. These batteries are not allowed in the house and must only be recharged in this room, for safety reasons. Smoking is not allowed inside the Gîte La Maison du Meunier. Smoking is permitted outside, but must be done in a safe environment with trees (cigarette butt bin on site). More generally, the client undertakes to respect the rules of good manners which will be indicated to him, those which are imposed on everyone when living in a community and the present general conditions of sale.

14. Capacity

The present contract is established for a maximum capacity of fourteen (14) persons. If the number of tenants exceeds the capacity, the owner can refuse the additional persons. Any modification or breach of contract will be considered at the initiative of the client, the proceeds of the rental remaining definitively with the owner.

15. Reception of animals

Pets are allowed to stay at the gîte La Maison du Meunier WITH PRIOR AGREEMENT.

16. Insurance and liability

The Tenant is responsible for all damage caused by him. The Tenant must be insured by an insurance policy covering the risks of fire, explosions, water damage, theft which may affect, in addition to his personal effects, the rented premises and the equipment and furniture in them as well as recourse from neighbours and rental risks (holiday type insurance). Consequently, the Tenant may not exercise any recourse against the Lessor in the event of theft, burglary or criminal act of which he may be the victim in the rented premises and the Lessor declines all responsibility for any recourse that his insurance company may exercise against the Tenant in the event of a claim. The Tenant's attention is drawn to the fact that minors living on the property are placed under the sole and entire responsibility of their parents or persons having authority over them. The Maison du Meunier declines all responsibility for any fall into the Canal du Midi.

17. Disputes

As far as possible, complaints are settled amicably. However, in the absence of an amicable agreement, any complaint relating to the state of the premises, the state of the description during a rental or any other dispute, must be submitted by letter with acknowledgement of receipt to the management of the Gîte La Maison du Meunier within three days of the dispute.

18. Modification of these terms and conditions of sale

The present conditions of sale may be modified at any time and without prior notice. Acceptance of and compliance with these terms and conditions of sale shall be deemed to have been accepted as soon as the deposit has been paid.

19. Data Protection Act

In accordance with the law n° 78-17 of January 6, 1978 relating to data processing, the files and freedoms, you profit from a right of access and of correction to the data concerning you. We undertake not to pass on the information you have provided to us to other companies or organisations under any circumstances. Please see our Privacy Policy for more details

20. Jurisdiction

Any dispute, difference or claim arising out of and/or in connection with this Rental Agreement, including questions relating to its existence, performance, interpretation, validity or cancellation, termination or invalidity, shall be submitted to the exclusive jurisdiction of the Commercial Court of CARCASSONNE, FRANCE, even in the event of an appeal for warranty or multiple defendants: Greffe du Tribunal de Commerce 34 Rue de Strasbourg, 11000 Carcassonne.