Owner's General Rental Conditions
Le Collectionist, a French simplified joint stock company (société par actions simplifiées) with capital of € 592,560.90, registered in the Paris Trade and Companies Register under number 789 370 152, holder of business license no. CPI 7501 2015 000 002 893 issued by the Paris Prefecture, allowing it to provide the services offered in accordance with the provisions of Law no. 70-9 of January 2, 1970 and Decree no. 72-678 of July 20, 1972, with a financial guarantee amounting to €1,060,000 issued by Galian, located at 89 rue de la Boétie, 75008 Paris, France, whose registered office is located at 126, rue de Provence, 75008 Paris, France, represented by its President, Mr. Max Aniort,
Le Collectionist (hereinafter the "Representative") runs a website that can be viewed at https://www.lecollectionist.com/fr (hereinafter the “Website”), allowing owners/lessors of luxury properties (hereinafter the "Owners/Lessors" or the "Principal") to rent them seasonally to guests interested in reserving them (hereinafter the “Guests” or the “Lessees”).
Clause 1 – Purpose
The Principal hereby grants the following powers to Le Collectionist, who accepts them:
Le Collectionist agrees to display the Property on the Website, provided that Le Collectionist does not make any commitment regarding the order of appearance of its principals' properties on the Website.
Article 2 – Le Collectionist's Duties
Pursuant to this Proxy, Le Collectionist is authorized by the Principal to carry out the following tasks:
Article 3 – Obligation to Inform
Le Collectionist shall advise and assist the Principal during the entire term of the Proxy.
Le Collectionist shall inform the Principal of the tax and social security obligations they owe resulting from income or revenue from a transaction made via Le Collectionist in accordance with Article 242bis of the French General Tax Code.
Le Collectionist shall inform the Principal, whose Property is located in France, of the following:
(i) When the Property is the Principal's secondary residence, the Principal 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 II° and D. 324-1-1, paragraph I° of the French Tourism Code.
(ii) The obligation to make the aforementioned declaration subject to registration with the local authorities (commune) in 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 III and D. 324-1-1 of the French Tourism Code. This reporting obligation applies both to the Properties that are the Principal's primary residence and to those that are the Principal's secondary residence.
(iii) The obligation to provide Le Collectionist with a declaration on honor 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 Principal's primary residence and to those that are the Principal's secondary residence.
(iv) The obligation to provide Le Collectionist with the thirteen (13) character accommodation declaration number issued by the local authorities (commune) in 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 Principal's primary residence and to those that are the Principal's secondary residence. This number must be included in Article 1 of the Special Conditions of the Proxy.
Article 4 – Principal's Obligations
The Principal agrees to:
The Principal, whose Property is located in France, also agrees to comply with the following obligations:
(i) Obtain all the necessary permits and file 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.
(iii) Submitting the following items to Le Collectionist as soon as possible: (i) a declaration on honor 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.
Article 5 –- Liability
The Principal shall assume full liability for the rental, especially for the Property being completely consistent with what is indicated on the Information Sheet and on the house description shown on the Website.
If the Principal does not make the property available to the Lessee in accordance with the terms and conditions of the rental agreement, the Lessee shall be entitled to claim a refund of all or part of the Rent, taking into account the seriousness of the breach, as well as, where applicable, compensation for any loss caused by the breach. Le Collectionist declines all liability in this regard, especially with regard to any acts, actions, behaviors, culpable nonfeasance, or negligence committed by the Principal.
Le Collectionist shall not under any circumstances be deemed to be the Property 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 6 – Confirming Reservation Requests – Signing the Rental Agreement
6.1 Confirming Reservation Requests
In accordance with the Collectionist's General Reservation Conditions, guests interested in reserving the Property will be put in contact with a Customer Advisor from Le Collectionist's team (hereinafter the "Customer Advisor") in order to confirm availability and the current rate for the desired dates.
Once the Customer Advisor has been put in contact with the guest, they will send an email to the Principal (i) informing them of the guest's reservation request and (ii) allowing them to accept or reject the reservation request in writing for the dates requested.
The Principal is then invited to read, date, and sign the special rental conditions sent by Le Collectionist's Customer Advisor who is in charge of the rental and re-read the Information Sheet.
The Principal is then requested to specify via email any changes to the Property that may have occurred since entering into this Proxy or the last update of the Information Sheet that may affect the guest's reservation request.
The Principal shall have twenty-four (24) hours from receiving the email from Le Collectionist to:
All requests by the Lessee to change the reservation shall be forwarded to the Principal for approval by Le Collectionist.
The Principal may view this information at any time via their owner account.
6.2 Signing the Rental Agreement
Once the guest's rental request has been accepted by the Principal, Le Collectionist will draw up the rental agreement based on the reservation request.
If the Principal has made changes to the rental conditions, Le Collectionist will mention them in the section entitled "Owner's Special Conditions" of the rental agreement.
On the same day the guest's reservation request is confirmed, Le Collectionist will email the rental agreement to the Principal who must return it dated and signed to Le Collectionist within twenty-four (24) hours.
Le Collectionist shall have three (3) business days from receiving the signed rental agreement to:
The Principal agrees not to rent the Property to another lessee from the time the signed rental agreement has been returned and until three (3) business days have elapsed after Le Collectionist has received the agreement signed by the Principal.
At the end of this period, the Principal may decide to rent the Property to another guest (whose identity they agree to communicate to the Collectionist upon request) only if the following two conditions are met:
If the Principal decides to rent the Property to another lessee before the initial time period or any extension by Le Collectionist expires, they must compensate the guest and, if applicable, Le Collectionist for any loss incurred. The amount of compensation due to the Guest and Le Collectionist, if applicable, shall not be less than 20% of the total price of the stay.
Article 7 – Canceling Reservations
7.1 Cancellation by the Guest
If the Lessee cancels their reservation, the amounts paid at the time of the reservation will not be refunded to them. They will also be liable for the cost of the additional services already paid to Le Collectionist for organizing their stay.
Nevertheless, if the Principal succeeds in finding another Lessee for the agreed dates, the Principal may waive payment of the full rent for commercial reasons. In any event, the deposit received by the Principal will not be refunded to the Lessee if the Lessee cancels.
7.2 Cancellation by the Principal
If the Principal decides to cancel the reservation, the Lessee will be refunded the amount paid as a deposit before the check-in date, within three (3) business days.
The Principal shall also, within the same period, pay the Lessee compensation equal to a percentage of the Rent. This amount is calculated as follows:
The Principal will also be liable for compensating the Lessee for any damages suffered as a result of this cancellation pursuant to ordinary law.
The Principal shall only be able to be released from their obligations to refund and compensate by providing proof of the occurrence of a force majeure event (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. In only this case of force majeure, the Principal must nevertheless offer the guest a new rental, with equivalent costs, terms and conditions, for a stay that can take place within 18 months from the cancellation date and the amounts already paid by the guest will be applied to the price of the new rental. If the Guest does not accept a new rental, the Principal must immediately refund all amounts already paid by the Guest (deposit and/or rent).
Article 8 – Initial and Final Inventory
The Principal agrees to:
The Principal may delegate these tasks to Le Collectionist who will then carry them out on the Principal's behalf.
The initial inventory and final inventory and/or inventory of the furniture must be signed by the Principal or one of its representatives or by Le Collectionist on its behalf, and by the Lessee and each shall be given one (1) copy.
A scan of the initial inventory and final inventory and/or inventory of the furniture will then be sent to the Lessee via email. If Le Collectionist signed the initial and final inventories and/or the inventory of the furniture on the Principal's behalf and at their express request, a scan will be sent to them via email.
Article 9 – Security Deposit
Le Collectionist will collect a security deposit which is intended to cover any damage and/or deterioration caused by the Lessee to the Property, furniture, items inside it, and the loss keys or objects.
The amount of the security deposit is determined by the Principal.
The amount of the security deposit may be adjusted if the exchange rate between the currency used in the country of the rented Property and the transaction currency used for the rental agreement fluctuates upwards or downwards by more than ten percent (10%).
The Lessee must pay the security deposit to Le Collectionist no later than fifteen (15) days before the check-in date.
Le Collectionist shall hold the security deposit for the Principal for the duration of the seasonal rental agreement and shall return it to the Lessee after drawing up a final inventory of the premises and furniture that matches the initial inventory.
If there is no damage to the rented property, Le Collectionist shall refund the security deposit in full to the Lessee no later than fifteen (15) days after they have returned the keys.
In the event that a final inventory is not drawn up, Le Collectionist shall return the security deposit to the Lessee within fifteen (15) days of the keys being returned by the Lessee if no claim has been made by the Principal under the penalty of being declared void within seventy-two (72) hours of the Lessee’s departure.
If the Principal finds any damage, they must notify Le Collectionist within seventy-two (72) hours of returning the keys pursuant to Article 8 and will have fifteen (15) days from that date to email Le Collectionist with the extent of the damages and the exact amount to be deducted from the security deposit. This report must be accompanied by supporting receipts.
Article 10 – Financial Guarantee – Professional Civil Liability – Bank Account
Le Collectionist has a financial guarantee amounting to €1,060,000 issued by Galian, located at 89 rue de la Boétie, 75008 Paris, France and an insurance policy covering the financial consequences of its professional civil liability.
Payments made pursuant to this Proxy shall be made to a specific bank account belonging to Le Collectionist, account number 30066 10802 00021501702 16 at CIC bank located at 42 rue de la Boétie, 75008 Paris, France.
Article 11 – Reporting
In accordance with Article 66, paragraph 1, of Decree no. 72-678 of July 20, 1972, Le Collectionist shall report on its management to the Principal at least once (1) per year, between the months of January and March of each year for the previous calendar year.
Le Collectionist will send a detailed statement to the Principal regarding the amounts collected and paid.
Le Collectionist will notify the Principal of the payments made for the seasonal rental at the time of reporting.
The Principal releases Le Collectionist from the obligation of sending the written statement provided for in Article 67 of Decree no. 72-678 of July 20, 1972 by registered letter for payments or discounts relating to new rentals which Le Collectionist will report on as part of the general reporting process.
Article 12 – Right to Withdraw from the Proxy
When (i) the Proxy is entered into at a distance, off-site, or as a result of telephone solicitation and (ii) the Principal is not acting in the context of their business activities, they shall be entitled to a legal time limit to withdraw from the Proxy, 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 Principal within fourteen (14) days from the day after this Proxy 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 Principal who is a professional and (i) has entered into this Proxy 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 Principal for entering into this Proxy.
In accordance with Article L. 221-28, paragraph 12° of the French Consumer Code, the Principal acknowledges and accepts that it will have no right to withdraw from the rental agreements subsequently entered into pursuant to this Proxy.
In addition, pursuant to Article L. 221-28, paragraph 1° of the French Consumer Code, the Principal will not have a right to withdraw from the Proxy if a rental agreement is entered into before the end of the aforementioned withdrawal period of fourteen (14) days. In this case, the Principal will be asked to expressly confirm that they waive their right to withdraw.
Article 13 – Jurisdiction
This Proxy shall be exclusively governed by French law and the French courts shall have exclusive jurisdiction.
Article 13.1 – Principal Residing in France
13.1.1. Principal that is a natural person (consumer)
In the event of a dispute between Le Collectionist and the Consumer Guest, the Consumer Guest may contact Customer Service:
If the dispute is not amicably settled, the Consumer Guest may request a consumer mediator help resolve the dispute free of charge, within one year of the written complaint to The Collectionist.
The request to the Consumer Mediator must be made:
The Guest must inform Le Collectionist of this action immediately. The Guest 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 Guest can access at: http://ec.europa.eu/consumers/odr
13.1.2. Principal that is a legal entity (professional)
The Principal (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 – Principal Residing Outside France
If the Principal resides outside France, the Parties agree to submit any dispute relating to the conclusion, performance, interpretation, or termination of this Proxy to the exclusive jurisdiction of the competent courts of Paris, France.