General conditions
Preamble
The company Hossegor Properties (hereinafter referred to as the “Service Provider”) is a service company offering property management, concierge services, and rental management for private individuals (hereinafter referred to as the “Tenant”).
Depending on the agreement between the Parties and the expertise required for the services provided, the Service Provider may act either as a direct service provider or as an intermediary facilitating contact between clients and third-party service providers or suppliers (hereinafter referred to as the “Services”).
Any order for Services irrevocably implies the Client’s acceptance of these General Terms and Conditions of Sale (hereinafter “GTC”). The details of the services will be specified in the Service Agreement to be signed by the Client.
The Client declares that they have read and accepted these GTC prior to placing any order for Services.
Consumer Code Reminder
In accordance with Article L121-21-8 of the French Consumer Code, relating in particular to accommodation services provided on a specific date or for a specific period, the Tenant is informed that they do not benefit from the right of withdrawal provided for in Article L121-21.
Article 1 – Legal Nature of the Rental
This rental agreement is concluded for a fixed period beginning and ending on the dates and times specified in the agreement.
The rental may not be extended without the prior agreement of Hossegor Properties, which the Tenant expressly accepts.
The Tenant declares on their honor that they do not conduct and do not intend to conduct any professional activity within the rented property and that the premises are rented solely as a temporary residence. These conditions constitute essential elements of this rental agreement.
Article 2 – Duration
The lease automatically terminates at the end of the agreed rental period without the need for notice.
However, the rental may be extended at the request of the Tenant provided that such request is made at least 48 hours before the scheduled departure date.
Subject to the prior agreement of Hossegor Properties, an amendment to the agreement will be drafted specifying the new rental period and the revised rental price.
Article 3 – Orders
3.1 Conditions Applicable to All Orders
Any order shall become final only after written confirmation from the Service Provider, either electronically or by post.
3.2 Specific Conditions When the Company Acts as an Intermediary
When the Client orders Services through the Service Provider, this does not necessarily imply that the Service Provider will perform the services directly.
If the Service Provider acts solely as an intermediary or agent between the Client and third-party providers or suppliers, the Service Provider shall not be held liable for the execution of the contract or the services provided by those third parties.
The Service Provider shall also not be held liable for damages or losses caused by third-party providers or suppliers, including delays in delivery or service execution or non-conforming services.
Delays in service execution shall not result in the cancellation or modification of the order.
Article 4 – Price
The rental is granted and accepted for the price indicated, including VAT and agency commission, for the specified rental period.
Article 4.1 – Deposit – Penalty Clause
The sum paid by the Tenant upon signing this agreement constitutes a deposit (acompte) in accordance with Article L214-1 of the French Consumer Code, as acknowledged by both parties.
This amount shall be deducted from the total rental price.
Article 4.2 – Balance Payment
The Tenant undertakes to take possession of the property and to pay the remaining balance of the rental price at least forty-five (45) days prior to the scheduled arrival date, regardless of circumstances such as illness, accident, or unforeseen events.
Unless otherwise specified, price quotations are free of charge and valid for one (1) week. After this period, a new quotation must be issued. For services billed hourly by the Company, any half hour started shall be due in full.
If these payment conditions are not fulfilled, the Service Provider reserves the right to immediately re-rent the property. The Tenant shall nevertheless remain liable for payment of the outstanding balance. If the property is re-rented, the amounts already paid will be refunded to the Tenant minus 10% of the total booking amount, corresponding to the agency’s administrative fees.
For additional services not included in the initial agreement, an invoice will be issued to the Tenant once the services have been performed. For recurring services, invoicing may be done monthly by mutual agreement.
Invoices will be sent by email or, upon request, by post. Payment must be made upon receipt of the invoice and no later than fifteen (15) days after the invoice date. Payments may be made by bank transfer, cheque or cash.
Any late payment will incur late payment penalties at the legal interest rate.
Article 5 – Security Deposit
As a guarantee for the full performance of their obligations and to cover potential damage to the premises, furniture, equipment, materials, and other items in the rented property, the Client shall pay a security deposit to the Service Provider upon delivery of the keys.
This deposit does not bear interest. The deposit will be returned to the Client after deduction of replacement costs for missing or damaged items, repair costs, additional cleaning fees and charges not included in the initial rental price
Furniture and equipment must only show depreciation resulting from normal use. Any item missing or damaged beyond normal wear must be replaced or reimbursed by the Tenant.
The Tenant must not dispose of objects or substances likely to clog pipes (including cooking grease) in sinks, bathtubs, toilets, etc. Repair costs resulting from such misuse will be charged to the Tenant.
Due to potential seasonal delays in obtaining technical assistance, the agency declines any responsibility for delays in repairs. The following may also be deducted : value of broken, cracked, scratched, or stained items, cleaning or replacement of stained carpets, blankets, mattresses, bedding, or sofas. A depreciation rate of 5% per year will be applied when replacing damaged items.
The deposit will be returned no later than four (4) weeks after the end of the rental period.
Article 6 – Insurance
The Tenant must obtain insurance from a recognized insurance company covering: theft, fire, water damage, tenant liability risks and recourse from neighbors.
Proof of such insurance must be provided upon request by the owner or their representative.
Article 7 – Use of the Property
The premises are intended exclusively for short-term accommodation and exclude any professional, commercial, or craft activity. The property cannot under any circumstances become the Tenant’s primary residence.
The Tenant must use the property peacefully, responsibly, and in accordance with its intended purpose.
The Tenant agrees to personally occupy the premises with their family and to comply with all safety instructions provided by the host. The maximum occupancy capacity must be respected, failing which the contract may be immediately terminated.
Subletting or making the property available to third parties, even free of charge, is strictly prohibited.
The Tenant must also respect the neighborhood and avoid disturbances.
Upon departure, the Tenant must return the property in the same level of cleanliness as upon arrival, including: emptying the refrigerator and dishwasher, lowering heating systems, taking out the garbage
closing all doors and windows, returning furniture to its original location.
All personal belongings must be removed. Any items left behind will be considered abandoned.
Any repairs required due to negligence or misuse during the rental period shall be borne by the Tenant.
Article 8 – Property Capacity
The Tenant undertakes to respect the maximum accommodation capacity of the property, as specified in the booking details, in order to ensure optimal comfort and safety.
Upon first request from the Host, the Tenant must provide any documents or information confirming the number and age of the occupants staying in the property during the rental period.
Article 9 – Termination Clause
In the event of non-payment by the due date or failure to comply with any clause of this agreement, and eight (8) days after formal notice has been issued and remains ineffective, the owner or their representative may request the immediate termination of the reservation.
The Tenant will then be required to vacate the premises upon simple order from the competent summary judge.
If the Tenant refuses to leave the property, an interim court order issued by the President of the competent Judicial Court within whose jurisdiction the property is located shall be sufficient to enforce eviction.
Furthermore, it is expressly agreed that any unpaid amount at its due date will, pursuant to Article 1226 of the French Civil Code, be increased by 10% as a penalty clause, eight (8) days after the sending of a registered letter with acknowledgment of receipt requesting payment and indicating the intention to apply the penalty clause.
This shall be applied without prejudice to any additional damages that may be claimed due to the Tenant’s failure to comply with their obligations.
All legal costs and procedural fees will be borne by the Tenant.
Article 10 – Complaints
Descriptions of the properties are provided by Hossegor Properties under the sole responsibility of the Owners. Hossegor Properties declines all responsibility for any modifications made to the property by the owner without its knowledge.
In the event of a complaint, the Tenant must contact Hossegor Properties immediately upon arrival, or at the latest by the first following business day before 12:00 p.m., and confirm the complaint in writing within 24 hours of arrival.
The Tenant agrees to allow Hossegor Properties sufficient time to verify the reasons for the complaint, potentially on-site and in the presence of the Tenant and the Owner, and to seek an appropriate solution.
Any complaint not submitted within the specified time frame and in writing will not be considered by Hossegor Properties.
If the Tenant leaves the property before the arrival of a representative of Hossegor Properties and without written authorization, they will lose any right to a potential refund.
No complaint submitted after the end of the stay will be considered or give rise to any refund or compensation.
Neither the Owner nor Hossegor Properties shall be held responsible for disruptions affecting utilities such as: electricity, water, gas, telephone, internet access or for construction work occurring near or around the property. They also decline any responsibility for loss of enjoyment not directly attributable to them, including neighborhood disturbances or external nuisances.
As the Service Provider acts solely as an intermediary between the parties, its liability cannot be engaged due to the actions of the Owner or the Tenant.
Article 11 – Modification or Cancellation by the Client
Article 11.1 – Cancellation of Stay
Any cancellation request must be notified to Hossegor Properties by registered letter with acknowledgment of receipt or by email to contact@hossegor-properties.com
The effective date of cancellation shall bethe postmark date for registered letters or the date of the email for electronic requests.
Hossegor Properties will reimburse the amounts paid after deduction of cancellation fees according to the following scale:
- Full refund: cancellation notified at least 30 days before arrival
- 50% refund: cancellation notified between 7 and 30 days before arrival
- No refund : no show or cancellation notified less than 7 day before arrival
- Force Majeure: In the event of cancellation due to a force majeure event as defined by Article 1218 of the French Civil Code, the amounts paid will be refunded in full and immediately, without cancellation penalties.
Article 11.2 – Early Departure
In the event of early departure by the Tenant during the rental period, for any reason whatsoever, the total amount of the stay shall remain due.
Article 11.3 – Modification of Booking
Any request to modify a confirmed booking must be submitted at least three (3) calendar days before the start of the Services.
All modification requests remain subject to the Service Provider’s approval.
Requests submitted after this deadline may be refused. In such a case, the full price of the booking will remain payable, and any amounts already paid will not be refunded.
Article 12 – Modification or Cancellation by Hossegor Properties
In the event of withdrawal by the owner or another exceptional situation, the Tenant agrees to accept an alternative accommodation proposed by the Service Provider.
Hossegor Properties will offer a property of equivalent category and capacity.
The Tenant will have forty-eight (48) hours to respond to the proposal.
If the Tenant refuses the alternative accommodation or if Hossegor Properties cannot find a suitable replacement property, the reservation will be cancelled and the Tenant will receive an immediate refund of the amounts paid, without entitlement to any additional compensation.
If the cancellation is due to a force majeure event as defined in Article 1218 of the French Civil Code, only the reimbursement of amounts paid will apply, excluding any other compensation.
Article 13 – Main Obligations of the Tenant
The Tenant agrees to:
- Occupy the property personally (the list of occupants is registered at the time of booking) and not sublet the property, even free of charge, or transfer their rights without written authorization from the Service Provider.
- Respect the maximum number of occupants indicated in the listing unless prior authorization is obtained.
- Avoid any behavior that could disturb the peace and quiet of neighbors or other occupants.
- Not bring pets into the property without prior authorization from the Service Provider.
- Not use the internet connection of the property for illegal downloading activities.
- Not make any modifications to the property or the arrangement of furniture.
- Use the furniture and equipment only for their intended purpose and not remove them from the property.
- Immediately inform the Service Provider of any damage or incident occurring in the property, even if no apparent damage results.
- Allow urgent maintenance work necessary for the upkeep of the property and shared equipment to be carried out without compensation.
- Allow access to professionals responsible for the maintenance of the garden, pool, or spa, typically on a weekly basis.
- Maintain the property in good condition and return it clean and in good repair at the end of the stay.
- Comply with local planning regulations prohibiting tents, caravans, or similar installations on the property.
- Not organize events, parties, filming, or similar activities without prior written authorization from both the Service Provider and the Owner.
- All properties offered are non-smoking. Failure to comply with this rule will result in a fixed charge deducted from the security deposit:
- €500 (including VAT) for apartments
- €1,000 (including VAT) for villas
- Failure to comply with any of these obligations may result in the immediate termination of the reservation without refund or compensation.
Article 14 – Obligations of the Landlord
The Landlord is bound by the following main obligations:
- To provide the Tenant with decent accommodation, free from any obvious risk that could endanger the Tenant’s physical safety or health. The property must include all elements required for residential use.
- To deliver the rented premises in good condition of use and repair, together with the equipment mentioned in the agreement in proper working order.
- To equip the premises with a smoke detector.
- To furnish and equip the rented property with sufficient furniture and equipment to allow the Tenant to eat, sleep, and live properly, in accordance with normal living standards.
- To ensure the Tenant peaceful enjoyment of the premises, without prejudice to the provisions of Article 1721 of the French Civil Code regarding defects or faults that may prevent normal use.
- To maintain the premises in a condition suitable for their intended use and to carry out all necessary repairs.
Article 15 – Swimming Pools & Spas
For properties equipped with swimming pools, it is specified that they comply with current safety regulations, in accordance with Article L128-2 of the French Construction and Housing Code.
These safety systems do not replace parental supervision. Children remain entirely under the responsibility of their parents.
The pool is a private family pool and is reserved for tenants registered at the time of booking.
Visitors may use the pool within the limit of half the maximum capacity of the villa.
It is strictly forbidden to throw objects, stones, or any substances into the water.
Pets are not allowed in the swimming pool.
Tenants and their guests must rinse off in the shower before swimming after applying sunscreen, oil, or any greasy product.
If stains appear on the pool liner due to sunscreen oils or if the liner is damaged due to improper use, replacement of the liner will be charged to the Tenant.
Pool water treatment is carried out weekly or twice a month depending on the property, by a specialist.
Tenants must not alter pool settings or handle maintenance products.
If any change in water quality occurs, the Tenant must immediately inform the Service Provider.
Article 16 – Check-in and Check-out Formalities
The Tenant must respect the arrival and departure times indicated in the booking confirmation.
Check-in will take place from 4:00 PM, by appointment only, following the instructions sent in advance by Hossegor Properties.
Check-out will also take place by appointment only, and the property must be vacated no later than 10:00 AM.
The Tenant may not remain in the property beyond the scheduled departure date and time.
No check-in can take place after 9:00 PM, unless previously agreed in writing by Hossegor Properties.
If the Tenant arrives after this time without prior agreement, access to the property may only take place the following day, without entitlement to any refund or compensation.
Unless otherwise reported within the specified time, the property will be deemed free of damage and compliant with the visual presentation and equipment description.
If no check-in inventory is performed, the Tenant is presumed to have received the property in good condition, in accordance with Article 1731 of the French Civil Code.
The check-out inspection will be carried out in the presence of the Tenant or validated by them if absent.
In case of dispute, the inventory may be carried out by a bailiff, at the Tenant’s expense, deducted from the security deposit.
- Upon departure, the Tenant must:
- Remove all bed sheets and place them in the bathroom with towels and bath mats
- Empty kitchen and bathroom bins into the designated street containers
- Empty the refrigerator and freezer of all food items
- Turn off interior and exterior lights and electrical appliances
- Disconnect all personal accounts from connected devices (Netflix, Prime Video, etc.)
- Wash and store dishes and ensure the dishwasher is empty
- Remove pet waste from the garden if applicable
Failure to comply with any of these instructions will result in a fixed fee of €250 (including VAT) per unmet instruction.
Article 17 – Services
End-of-stay cleaning is charged as a fixed package.
The property must still be returned in good order in accordance with the departure procedures described above. If the agency determines that additional cleaning is required due to improper use of the property, an additional charge will apply at a rate of €45 per hour (including VAT).
Household linen is provided, including bath towels, hand towels, kitchen cloths, bath mats.
Pets are accepted free of charge but limited to one animal per property.
Please note that pets are not permitted in all properties.
Article 18 – Equipment and Installations – Para-Hotel Services
18.1 Equipment and Installations
The Tenant remains solely responsible for the use of the equipment and installations of the property and must take all necessary precautions to ensure the safety of children and vulnerable persons present on the premises.
The Host cannot be held responsible in this regard.
The Tenant must strictly follow the conditions of use for appliances and equipment such as televisions, air conditioning systems or household appliances, so that the Host cannot be held liable for misuse.
18.2 Para-Hotel Services
The following services are included in the rental price:
- Welcome and check-in
- Provision of bed linen, towels, and household linen
- Cleaning of the premises at arrival and departure
Additional services may be provided upon request and subject to additional charges according to the price list of Hossegor Properties or its representative, including:
- Additional cleaning services
- Concierge services (organization and booking of activities during the stay)
- Baby beds
- High chairs for children
Free Wi-Fi access is provided when available.
18.3 Mediation – Disputes
In the event of a dispute concerning the execution, interpretation, or termination of this accommodation agreement, the parties will first attempt to reach an amicable settlement.
To this end, the parties agree to meet at the initiative of the most diligent party to discuss possible solutions.
If no agreement is reached within two (2) months, either party may refer the matter to the competent courts.