Owner rental terms and conditions

PROPERTY RENTAL GENERAL TERMS AND CONDITIONS OF SALE

Recitals

LE COLLECTIONIST runs a website that can be viewed at https://www.lecollectionist.com/en (hereinafter the “Website”), allowing owners of luxury Properties to rent them seasonally to guests interested in reserving them (hereinafter the “Guests” or the “Lessees”). 

These General Terms and Conditions of Sale (the 'GTC') govern the supply of Goods for rent by the Owner to LE COLLECTIONIST, with or without exclusivity, and are annexed to the framework contract concluded between LE COLLECTIONIST and the Owner (the 'Contract')."

 

Article 1 – Description of the Property

The Owner owns the property (hereinafter the “Property”) described in Appendix 1 of the Contract  (hereinafter the “Information Sheet”).

 

Article 2 – Rental Periods

The Owner expressly acknowledges that the Property will be available for seasonal furnished rental for a continuous period of twelve (12) months from the date this Agreement is signed and that LE COLLECTIONIST may therefore offer it for seasonal rental during that period.

When the Property is not or is no longer available for rental for a given period, the Owner must immediately notify LE COLLECTIONIST in writing or update its availability calendar accessible via the Owner’s Area.

Clause 3 - Price 

3.1. Seasonal Nature 

The Contract will specify the periods during which the Property is available for seasonal furnished rental and the minimum amount of nights.

3.2. The price includes:

The prices requested by the Owner may not be higher than those indicated in the table in the contract..

All change requests:

to lower the price (e.g. last minute special offer) during the calendar year it must be sent to Le Collectionist by email at: sourcing@lecollectionist.com.
to raise the price (e.g. renovations with extension of the property) during the calendar year it must be sent to Le Collectionist by email at: sourcing@lecollectionist.com.
to update the price during the calendar year after the proxy is signed it must be sent to Le Collectionist by email at: sourcing@lecollectionist.com.

The price includes payment of the rental fees and utilities including water, gas, heating, telephone line, electricity, pool cleaning, and unless otherwise stipulated in Appendix 3, television and high speed internet. These items shall remain the Owner’s liability who shall pay them directly to the relevant service providers.

The services included in the net owner price will be detailed in the Contract.

Except in the event of exclusivity, a fee of 500€ shall be payable by the Owner as fixed listing fees upon signing the first rental contract through Le Collectionist, by offsetting against the total net Owner amount of this first rental.

The Contract specifies what the price does not include.

3.3. Payment Methods

Le Collectionist will keep the amount of its commission included in the rental price charged to the Lessee.

Rent shall be paid to the Owner according to the conditions detailed in the Contract.

 

Article 4 – Security Deposit

LE COLLECTIONIST will receive the security deposit from the Lessee.

The security deposit: 

will be collected by LE COLLECTIONIST in a dedicated non-seizable account.
it is intended to cover damage and/or deterioration caused by the Lessee to the rented property, its furniture, and items inside it, and the loss of keys or objects listed on the inventory. Upon submitting receipts (estimates, invoices), LE COLLECTIONIST will offset the amounts spent in this respect, as well as any unpaid amounts by the Lessee on site (unpaid concierge and service charges, for example), against the amounts to be returned to the Lessee as the security deposit.

LE COLLECTIONIST will return the security deposit or its balance to the Lessee provided that a final inventory is drawn up in the presence of both parties and that it matches the initial inventory.

If there is no damage to the property, the security deposit shall be refunded in full to the Lessee by LE COLLECTIONIST no later than fifteen (15) days after the keys have been returned.

Subject to the prior approval of the Lessee, Le Collectionist may deduct from the security deposit refunded at the end of the stay the amount of tourist taxes still owed by the Lessee, taking into account any adjustments made (i) based on the actual number of people present in the Property and (ii) based on decisions to increase the tourist tax made by the municipality where the Property is located.

 

Article 5 – Le Collectionist's Duties

LE COLLECTIONIST is authorized by the Owner to carry out the following tasks:

Preparing the seasonal rental listings in accordance with Articles L. 324-2 and L. 324-2-1 of the French Tourism Code.

Organizing visits to the Property that it deems appropriate for proper performance of the Agreement.

Invoicing the Lessee, without limitation, for all amounts for Rent (including fees and commissions), security deposits, sureties and, more generally, all amounts or values collected for the rental and management of the Property, and making all payments in connection with the aforementioned management.

Drawing up and signing seasonal rental agreements.

Directly receiving, without limitation, any amount from the Lessees.

Notifying the Owner as soon as possible when a Lessee wishes to rent the Property.

Using all external assistance in order to successfully conclude the rental agreement and doing any urgent or essential work required to perform and comply with the rental agreement (e.g. plumbing in the event of a leak, urgent electrical repairs) up to a maximum amount of 500 euros per repair and 1,000 euros per stay.

LE COLLECTIONIST’s obligation to Inform:

LE COLLECTIONIST shall inform the Owner of the tax and social obligations incumbent upon them arising from the proceeds or income resulting from a transaction carried out through LE COLLECTIONIST, in accordance with Article 242 bis of the General Tax Code.

LE COLLECTIONIST shall advise and assist the Owner throughout the duration of this Contract, within the limits of its knowledge of the Owner's situation and legal obligations. The Owner acknowledges that the COLLECTIONIST cannot reasonably substitute for their own advice, especially regarding taxation.

LE COLLECTIONIST shall inform the Owner, whose Property is located in France, of the following:

 

When the Property is the Owner's secondary residence, the Owner is required to report it to the City Hall of the city where the Property is located in accordance with Articles L. 324-1-1, paragraph I and D. 324-1-1, paragraph I of the French Tourism Code. 

 

The obligation to make the aforementioned declaration subject to registration with the local authorities (commune) of the city where the Property is located, in cities where the change of use of premises intended for housing is subject to prior authorization within the meaning of Articles L. 631-7 and L. 631-9 of the French Construction and Housing Code, in accordance with Articles L. 324-1-1, paragraph II and D. 324-1-1, paragraph II° of the French Tourism Code. This reporting obligation applies both to the Properties that are the Owner's primary residence and to those that are the Owner's secondary residence.

 

The obligation to provide Le Collectionist with a sworn statement confirming compliance with their obligations to report in advance, stating whether or not the Property is their primary residence within the meaning of Article 2 of Law no. 89-462 of July 6, 1989. This obligation applies both to the Properties that are the Owner's primary residence and to those that are the Owner's secondary residence.

 

The obligation to provide Le Collectionist with the thirteen (13) character accommodation declaration number issued by the local authorities (commune) of the city where the Property is located during the prior reporting procedure subject to registration referred to in Article L. 324-1-1, paragraph II of the French Tourism Code. This obligation applies both to the Properties that are the Owner's primary residence and to those that are the Owner's secondary residence. This number must be included in Article 1 of the Special Conditions of the Agreement.

 

 

 

Article 6 – The Owner's Obligations

 

 

The Owner, whose Property is located in France, also agrees to comply with the following obligations:

 

Obtaining all the necessary permits and filing all the declarations required for authorizing seasonal rentals at the Property, especially the prior reporting to the City Hall of the city where the Property is located in accordance with Articles L. 324-1-1 and D. 324-1-1 of the French Tourism Code.

 

Submitting the following items to Le Collectionist upon request: (i) a sworn statement confirming compliance with their obligations to report in advance, stating whether or not the Property is their primary residence within the meaning of Article 2 of Law no. 89-462 of July 6, 1989; (ii) when required, the declaration number issued by the local authorities (commune) pursuant to Article L. 324-1-1, paragraph II of the French Tourism Code.

 

 

 

The Owner, residing in France or whose Property is located in France, also agrees to comply with the following obligations:

- Reporting and payment obligations to the tax authorities: https://www.impots.gouv.fr/portail/node/10841

 

- Reporting and payment obligations to the agencies responsible for collecting social security contributions: https://www.mesdroitssociaux.gouv.fr/accueil/vos-services

 

 

The Owner agrees to:

Provide LE COLLECTIONIST with all documents proving ownership of the Property and other documents required by Le Collectionist ; 

 Provide LE COLLECTIONIST with valid and up-to-date bank details (IBAN) corresponding to the Owner’s account to which the Price (excluding Commission) for the rentals will be paid ;

Immediately notify LE COLLECTIONIST and provide it with any useful supporting documents should there be a change in the Owner's legal structure and/or the way in which the Property is managed ;

Authorize LE COLLECTIONIST to list for rent, display, and show the Property to potential Lessees. Therefore, the Owner shall allow LE COLLECTIONIST (i) to visit the Property throughout the term of the Agreement, provided that they are informed in advance of the dates LE COLLECTIONIST's visits, and (ii) to take pictures of the Property and put them on the Website and any other media that LE COLLECTIONIST deems appropriate (for marketing and/or media purposes such as brochures, articles, press releases, magazines and other platforms) ;

Authorize LE COLLECTIONIST to use a different name for the Property in order to set its products and services apart ;

Make the Property, its adjoining buildings, outbuildings, annexes, and amenities available in accordance with the Information Sheet, clean, in good working order, and in compliance with the standards previously communicated by LE COLLECTIONIST. The Property's amenities must comply with the applicable standards and be suitable for the maximum number of guests that can stay there as stated on the Information Sheet. In particular, the Owner must ensure that the chimneys, flues, boilers, water heaters, bathroom heaters and radiators and other special equipment at the property (swimming pool, spa, elevator, etc.) are serviced regularly and at least once a year by a specialized company, and provide LE COLLECTIONIST with a copy of the relevant maintenance contracts upon request. Any breach of this obligation and any resulting damage, as well as the financial consequences resulting therefrom (re-housing or compensation of a Guest, ...) shall be the Owner's exclusive responsibility. They must also ensure that indoor pipes, water and gas faucets, fittings, and bathroom fixtures are maintained in perfect condition. The Owner must also take all necessary measures to prevent the presence of pests (insects, rodents, termites, etc.), using the services of a specialized company if necessary ;

Reimburse LE COLLECTIONIST for expenses incurred urgently as part of the last paragraph of Article 6 upon presentation of receipts ;

Ensure compliance with the quality standards communicated to LE COLLECTIONIST in advance, so that the Property is ready to welcome guests under the expected conditions ;

In the event that any of the essential equipment listed in the standards should be missing during a stay, the Owner agrees to make every effort to remedy the situation and to pay compensation commensurate with the inconvenience caused by the missing equipment ;

If LE COLLECTIONIST does not have a local representative on-site: Welcome and cultivate customary relations with the Lessees according to the standards communicated in advance by LE COLLECTIONIST (i.e. fluency in conversational English and the ability to communicate with a demanding clientèle) ;

Agree to provide and make available without restriction the Property, its adjoining buildings, appendixes, and amenities to the Lessee for the rental period reserved by LE COLLECTIONIST ;

Notify LE COLLECTIONIST of any changes made to the interior or exterior of the Property or its surroundings that may affect the rental within fifteen (15) days of such changes ;

Notify LE COLLECTIONIST of any work, planned work or, more generally, any exceptional disturbance that the Owner is aware of, inside or outside the Property or its surroundings, that may affect the level of comfort of the rented Property or its surroundings as soon as possible before the rental period begins. The Owner agrees to hold LE COLLECTIONIST harmless against any financial or other consequences in the event of any nuisance (due to work or other reasons) known to the Owner before the stay which they did not notify Le Collectionist of and which would require LE COLLECTIONIST to reimburse, re-house, and/or compensate the Lessee ; 

Send the plans and inventory of the furniture (with photos) made available to the Lessee at the Property, if available ;

Take out a comprehensive home insurance policy with extended landlord letting furnished accommodation coverage for the rental period that especially covers fire, water damage, and burglary of the Owner's personal belongings. Before the Property is first rented and as soon as possible at any time LE COLLECTIONIST so requests, the Owner must provide LE COLLECTIONIST with (i) an insurance certificate and (ii) a copy of the signed insurance contract ;

Notify LE COLLECTIONIST as soon as possible of any compensation for claim that has occurred in accordance with Articles L. 125-1 et seq. of the French Insurance Code ;

Make the following products available to Lessees: (i) new, high quality toiletries and cleaning products (toilet paper, towels, bath mats, soap, shower gel, shampoo) in a quantity that is proportionate to the maximum number of guests that may stay at the Property as stated on the Information Sheet; (ii) pantry staples; (iii) a minimum of two (2) sets of keys ;

Ensure the Lessee may peacefully enjoy the Property during the rental period and hold the Lessee harmless from any flaws or defects affecting the Property that prevent its use, even if the Owner was not aware of them at the time the rental agreement was entered into ;

Comply with laws and regulations on privacy, personal data protection, computer technology and freedoms. The Owner must notify LE COLLECTIONIST in writing of the existence of an alarm system, video surveillance system or, more generally, any system or tool that makes it possible to capture or monitor people's images or activities. No system or tool may be activated inside or outside the Property during the rental period. The operating procedures for alarm and video surveillance systems must be specified in writing ;

Comply with current regulations concerning the safety of swimming pools in the country where the Property is located ;

In the event of damage caused to the Property by the Lessee and found by Le Collectionist (or by the Owner), the Owner will have a period of thirty (30) hours from the Lessee's departure to declare any damage or loss to LE COLLECTIONIST in connection with the rental period that was not reported on the final inventory if it was drawn up by LE COLLECTIONIST, or if it was drawn up by the Owner or if there isn’t a final inventory ;

The Owner shall:

send the invoices to LE COLLECTIONIST within fifteen (15) days from the date of the final inventory in order to assess and substantiate the extent of the damages as well as the exact amount to be deducted from the security deposit, under penalty of inadmissibility. LE COLLECTIONIST may then reimburse the Owner upon submission of the invoice for the work. 

     Have the work, repairs, or restorations done as soon as possible in accordance with the estimates provided, for which it will have received compensation from LE COLLECTIONIST, specifically by withholding from the security deposit.

- Doing any maintenance or upkeep work on the Property requested by LE COLLECTIONIST at the end of a stay or season as soon as possible, in order to comply with the standards previously communicated by LE COLLECTIONIST. 

If the Owner provides or makes available to LE COLLECTIONIST comments, text, photos, audio, video, information, or any other content on any other medium ("the Content"), in connection with the Property: The Owner shall ensure that the Content is up-to-date, truthful, and fair (e.g. current, non-retouched, uncorrected photos). The Owner grants LE COLLECTIONIST a non-exclusive, worldwide, royalty-free, sub-licensable and transferable license to access, use, store, reproduce, modify, create derivative works from, distribute, publish, transmit, broadcast, and otherwise exploit such Content. The Owner is solely liable for all Content provided and/or made available and warrants that it is the owner thereof or is authorized to grant LE COLLECTIONIST the rights described above. The Owner is liable if any of the Content violates or infringes the intellectual property rights or privacy rights of any third party.

The Owner shall notify LE COLLECTIONIST as soon as possible when the Property is put up for sale and is no longer available for seasonal rental.

 

Article 7 – Liability

The Agreement guarantees to LE COLLECTIONIST that the Property corresponds perfectly to what is indicated on the Information Sheet and on the house description shown on the Website.

The Owner shall hold LE COLLECTIONIST harmless against the financial consequences of any claim or legal action brought by the Lessee against LE COLLECTIONIST on the grounds of liability pursuant to Article L.211-16 of the French Tourism Code, and shall ensure that LE COLLECTIONIST is able to meet its obligations in this respect, in particular in terms of canceling the seasonal rental agreement because of the Owner, paying compensation as a result or because of the non-compliant nature of the Property.

LE COLLECTIONIST declines all liability in this regard, especially with regard to any acts, actions, behaviors, culpable nonfeasance, or negligence committed by the Owner. 

LE COLLECTIONIST shall not under any circumstances be deemed to be the Property’s custodian and shall not be liable in the event of theft in or damage to the rented Property by the Lessee or third parties during the Lessee's stay.

Article 8 – Concierge Service

LE COLLECTIONIST is responsible for arranging concierge services for the Lessee and is authorized by the Owner to present its service providers' services to the Lessee in order to enable them to book external services during their stay.

If the Owner chooses to arrange the services provided at the Property personally (chef, massages, butler, baby-sitter, etc.), they agree to: 

Notify LE COLLECTIONIST's concierge staff in advance of exactly how the services will work and what they will include.
Provide an updated price list with rates including VAT and communicate any changes to the concierge service.
Offer only billable services.
Use LE COLLECTIONIST's concierge service to centralize things and ensure the Guest's stay goes smoothly.
Include a commission of at least 10% on each service offered to the Guest.

Should the Owner be unable to provide the Service requested by the Guest, they agree to allow LE COLLECTIONIST concierge service to find a solution.

Any limitation or restriction of access to the Property for third-party service providers must be duly justified and notified in advance in writing by the Owner and recorded in the Agreement, otherwise it will not be binding on LE COLLECTIONIST or the Guest.     

Article 9 – Entering into the Rental Agreement

The Owner agrees not to rent the Property to another lessee from the moment they are notified of the rental confirmation by LE COLLECTIONIST.

If the Owner decides to rent the Property despite the confirmation received from Le Collectionist, the Owner will hold Le Collectionist harmless against any claim for compensation made by the Guest against Le Collectionist in its capacity as a tourism operator and will compensate LE COLLECTIONIST for its own loss in accordance with Article 11 below, in addition to any legal and consulting costs incurred by LE COLLECTIONIST.

Article 10 – Cancellation by the Owner

Cancellation by the Guest
In accordance with the provisions of Article L.211-14 of the French Tourism Code, the Guest may cancel the Agreement, subject to the following fees: 

Until the balance payment due date: 50% of the Contract price
Between the balance payment and the day of check-in: 100% of the Contract price
Should exceptional and unavoidable circumstances occur at the destination, the Guest may cancel the Agreement free of charge and obtain a refund within 14 days.

Cancellation by the Owner

 

In the event of thr cancellation of an Agreement confirmed by LE COLLECTIONIST, the Owner shall pay LE COLLECTIONIST compensation calculated as follows:

 

25% of the total net owner's rental price OR
€1,500 for rentals of less than €6,000 net to the owner
The Owner may be required to hold LE COLLECTIONIST harmless for any compensation due to the Lessee as a result of this cancellation, unless the cancellation is due to a proven case of force majeure within the meaning of Article 1218 of the French Civil Code and French case law (acts or events such as foreign or civil war, terrorism, sabotage, riots, strikes, earthquakes, volcanic eruptions, tidal waves, fires or more generally any other natural disaster, nuclear, bacteriological, chemical or industrial accidents, epidemics or pandemics, decisions by a government authority restricting movements or rental of the property, total or partial destruction of the property after signing the rental agreement) that prevented it from making the property reserved by the Lessee available to them.

 

If the LE COLLECTIONIST’s Guest does not accept a new rental or a postponement of the dates for their stay within 18 months of the date of cancellation, the Owner must immediately return all amounts already paid by the Guest (deposit and/or price) to LE COLLECTIONIST and must contact their insurance company to follow up on the possible assumption of responsibility for the amounts returned.

 

Article 11 – Initial and Final Inventory

The Owner agrees to: 

Hand over the keys to the Lessee.
Draw up the inventory of the furniture made available to the Lessee upon arrival at the Property, if available.
Draw up the initial inventory.
Draw up the final inventory.

At destinations where LE COLLECTIONIST has local representatives, the Owner may delegate these tasks to LE COLLECTIONIST.

The initial and final inventories and the inventory of the furniture, if available, must be signed by the Owner or one of their representatives, or by LE COLLECTIONIST, on one hand, and by the Lessee on the other, each of whom will receive one (1) paper copy or a PDF document sent by email.

Article 12 – Right to Withdraw 

When (i) the Agreement is entered into remotely, off-site, or as a result of telephone solicitation and (ii) the Owner is not acting in the context of their business activities, they shall be entitled to a legal time limit to withdraw from the Agreement, in accordance with the provisions of Articles L. 221-18 et seq. of the French Consumer Code, by means of an unequivocal notification or by using the withdrawal form in Appendix 2.

 

In accordance with Article L. 221-19 of the French Consumer Code, the right to withdraw may be exercised by the Owner within fourteen (14) days from the day after this Agreement was entered into.

 

In accordance with Article L. 221-3 of the French Consumer Code, the provisions of this Article are also applicable to the Owner who is a professional and (i) has entered into this Agreement independently of their main professional activity and (ii) employs no more than five (5) employees.

 

The right to withdraw provided for in this Article may only be exercised by the Owner for entering into this Agreement.

 

In accordance with Article L. 221-28, paragraph 12 of the French Consumer Code, the Owner acknowledges and accepts that it will have no right to withdraw from the rental agreements subsequently entered into pursuant to this Agreement.

 

In addition, pursuant to Article L. 221-28, paragraph 1 of the French Consumer Code, the Owner will not have a right to withdraw from the Agreement if it is entered into before the end of the aforementioned withdrawal period of fourteen (14) days. In this case, the Owner will be asked to expressly confirm that they waive their right to withdraw.

Article 13 – Applicable Law and Disputes

The Agreement shall be exclusively governed by French law.

 

Article 13.1 – Owner Residing in France

13.1.1. Owner that is a natural person (consumer)

In the event of a dispute between LE COLLECTIONIST and the consumer-Owner, he may contact Customer Service:

By email: contact@lecollectionist.com
By mail:LE COLLECTIONIST, 65 rue de la Victoire, 75009 Paris.
If the dispute is not resolved by amicable agreement, the consumer-Owner may refer the matter free of charge to the consumer mediator appointed by Le Collectionist, within one year of the written complaint sent to LE COLLECTIONIST.

The consumer mediator must be contacted:

by completing the form on the AME CONSO website: www.mediationconso-ame.com ;
or by mail to AME CONSO, 11 Place Dauphine, 75001 Paris.
The Owner must inform LE COLLECTIONIST of this action immediately. The Owner and LE COLLECTIONIST shall be free to accept or reject the proposed solution and, if necessary, submit the matter to the competent courts.

In addition, the European Commission has set up an online dispute resolution platform which the consumer-Owner can access at: http://ec.europa.eu/consumers/odr

13.1.2. Owner that is a legal entity (professional)

The Owner (a legal entity acting in a professional capacity) and LE COLLECTIONIST shall make every effort to settle any dispute amicably. If the dispute is not resolved amicably within one (1) month, either Party may refer the dispute to the Commercial Court of Paris to which the Parties attribute exclusive jurisdiction.

 

Article 13.2 – Owner Residing Outside France

If the Owner resides outside France, the Parties agree to submit any dispute relating to the conclusion, performance, interpretation, or termination of this Agreement to the exclusive jurisdiction of the competent courts of Paris, France.

 

Article 14 – Digital Signature

The Parties agree to sign this Agreement digitally in accordance with the provisions of Articles 1366 and 1367 of the French Civil Code, Decree No. 2017-1416 dated September 28, 2017 relating to electronic signatures and Regulation (EU) No. 910/2014 of the European Parliament and of the Council dated July 23, 2014 on electronic identification and trust services for electronic transactions within the internal market (the "Laws and Regulations relating to Digital Signatures"), through the service provider Yousign, which will ensure the security and integrity of the digital copies of the Agreement in accordance with the Laws and Regulations relating to the Digital Signature. Each Party agrees to take all appropriate measures to ensure that the Agreement is digitally signed by its duly authorized representative for the purposes hereof. Each Party hereby acknowledges and agrees that their signing of the Agreement via the aforementioned digital signature process is made with full knowledge of the technology used, its conditions of use and the Laws and Regulations relating to Digital Signatures and, consequently, irrevocably and unconditionally waives their right to bring any legal action and/or claim, directly or indirectly arising from the reliability of said digital signature process and/or proof of their intention to enter into the Agreement in this respect

 

© Le Collectionist 2024