Terms and conditions (version as at 1 January 2022) - GENERAL CONDITIONS OF RENTAL

Article 1 - Définitions and présentation of the General Conditions
The following is referred to as "lessor" or "owner": the owner of the premises offering accommodation located at Happy Yeti Appartement, 303 route des Crozats, 74110 Morzine, France, hereinafter referred to as "housing". Any rental contract (hereinafter referred to as "contract") or other written agreement between the lessor and a tenant prevails in the event of contradiction on the clauses of the present general conditions of rental. The clauses of the general conditions, by default, make it possible to approach the points not regulated by other particular written agreements.

Article 2 – Description of the premises
Below is the general description of the premises, which will be completed on the day of handing over the keys by carrying out an inventory of the accommodation.
Type of accommodation: Furnished apartment
Total housing area: 30 m2
The accommodation consists of 2 rooms: 1 bedroom with double bed, a living room with dining table and sofa bed, a hallway with bunk beds, a bathroom, an equipped kitchen, separate WC, a ski locker.
Accommodation is provided for a maximum of 4 people. The accommodation is not accessible to people with reduced mobility.
The following equipment is available in the accommodation: Bath, kitchen, kitchen accessories, cutlery for 4 times 4 guests, refrigerator, dishwasher, coffee maker, kettle, cooker, oven, toaster, wireless internet access, television with cable.

Article 3 – Effective date of the rental contract
This rental will take effect at the latest when the tenant sends the owner the required down payment and that the owner or his representative confirms to the tenant the availability of the premises (the commitment of the parties becoming firm and the rental contract taking effect immediately).

Article 4 – Entry and exit inventory
The owner declares that the premises offered for rent correspond to the characteristics of decent housing as defined by decree n° 2002-120 of January 30, 2002. An inventory is a document which describes the state of the housing and its amenities. It makes it possible to determine whether the rented premises have suffered damage or losses during the rental period. In case of damage, the owner can compare the inventory of entry and the inventory of exit to request repair of the deteriorations or losses caused by the tenant. According to article 1730 of the Civil Code, the tenant must return the accommodation as he received it, according to the inventory, except for what has perished or has been damaged by obsolescence or force majeure. An inventory of entry and exit are established contradictorily between the parties, that is to say that both the lessor and the tenant must be present or represented, and establish together the inventory, by putting agree on its content before signing it. The inventory must be drawn up in writing in two copies, signed by the owner (or by his representative) and by the tenant. In the absence of an inventory, article 1731 of the Civil Code indicates that the tenant is presumed to have received the accommodation in good condition, and must return it as such, unless proven otherwise (for example thanks to photographs of the accommodation). The tenant is therefore supposed to take and to have to return the accommodation in perfect condition.

Article 5 - Obligations of the owner
The owner is obliged to deliver to the tenant a clean accommodation and in good general condition, in accordance with the descriptive state of the accommodation. He must make, throughout the duration of the rental contract, all the repairs that may become necessary, according to article 1720 of the Civil Code. This does not include rental repairs, as listed by the decree of August 26, 1987. The owner is obliged to maintain the accommodation in a state of use according to the use for which it was rented. The owner is obliged to ensure the peaceful enjoyment of the accommodation. The owner is obliged to guarantee the tenant against defects or faults in the accommodation which prevent its use, even if the owner was not aware of them at the time of signing the rental contract. If a loss results for the tenant following these vices or defects, the owner is obliged to compensate him, as stipulated in article 1721 of the Civil Code.

Article 6 - Obligations of the tenant
Arrival and duration of rental: Unless otherwise stated in the contract, entry into the premises will take place between 3 p.m. and 7 p.m. on the first day of rental, and departure before 10 a.m. on the last day of rental. If the tenant decides to leave the accommodation early, no partial refund is due automatically by the owner. The tenant may not under any circumstances claim any right to remain in the premises at the end of the stay provided for in the rental contract.
Capacity: The places offered are properly equipped for accommodation on the one hand and the reception on the other of a maximum number of people specified in the description of the accommodation or in the rental contract. Unless expressly authorized by the owner, the tenant undertakes to respect these reception and accommodation limits for the safety of all and the good maintenance of the premises. If the number of people exceeds the capacity of the accommodation, the owner is able to refuse the additional people, to refuse access to the premises or to request payment of an additional sum. This refusal can in no way be considered as a modification or a breach of the contract at the initiative of the owner, so that in the event of departure, no refund can be considered.
Noise and neighborhood disturbances: In the event that disturbances are reported by neighbors and the number of occupants exceeds the total number of guests on the reservation, a minimum charge of €500 will be charged. In the event that nuisance is reported by neighbors and the number of occupants is included in the total number of guests listed on the reservation, we will ask you to reduce your noise level. For each disturbance reported after the initial report, a fee of €100 per disturbance report will be charged. Owner reserves the right to ask a guest to leave if they disturb, assault or annoy neighbours, owner or Happy Yeti staff or behave in an unacceptable manner. If this happens, no refund will be given.
Pets: Animals are not accepted in the accommodation, and the stay of these animals will be refused by the owner. In the event of the owner's refusal to accommodate certain animals on the premises accommodation, this refusal can in no way be considered as a modification or breach of the contract at the initiative of the owner, so that in the event of the tenant's departure, no refund can be considered.
Respect for the premises: The tenant is required to use the accommodation as a “good family’s father” (i.e. as a diligent and prudent person) and to use the premises peacefully, without creating disturbances in the neighborhood. He must use the accommodation in accordance with the destination which is provided for in the rental contract. The tenant is required to take care of the accommodation itself and to return it, upon departure, in a correct state of cleanliness. In the event of non-compliance with this obligation, the owner is entitled to claim an additional amount from the tenant to cover the additional costs of cleaning the accommodation.
Seasonal rental is only granted for exclusive residential use. It is therefore forbidden to carry out a professional or even commercial activity there. The tenant is required to occupy the premises personally. He cannot sublet or assign the rental agreement. The tenant must check that his liability is covered by insurance covering rental risks. The tenant is required to pay all sums due, in particular the rent, the security deposit and, if applicable, the cleaning charges and the local stay tax on the date agreed in the rental contract.
If Internet access is used by the tenant from the rented accommodation, the owner cannot be held responsible for the misuse of this access; the user of this connection will be considered responsible for any illegal or immoral use of this connection, in particular the illegal downloading of works and files, the sending of mass e-mails (spamming) and the attempt to gain unauthorized access to a computer or network.

Article 7 – Urgent repairs
If the accommodation needs urgent repairs that cannot be postponed until the end of the rental contract, the tenant cannot refuse them, even if these repairs cause him inconvenience and even if the tenant is deprived of part of the dwelling for a certain period of time. However, if these repairs last more than 21 days, the rental price must be reduced in proportion to the time and the part of the accommodation of which the tenant will have been deprived. The tenant may have the rental contract terminated in the event that the repairs render the accommodation uninhabitable, in accordance with article 1724 of the Civil Code.

Article 8 – Cancellation or no-show, down payments
Before the effective date of the contract: The owner and the tenant will not be bound by any commitment stipulated in the rental contract or in these general conditions if the owner does not confirm the reservation. If the owner does not respond to the reservation request, the deposit or installments must not be kept by the owner and must be returned to the tenant as soon as possible.
After the effective date of the contract: The sum paid initially by the tenant to the owner is qualified as down payments. The amount initially paid will in particular be considered as a down payment from 30 days before the first day of the rental, and the tenant will be considered committed and will no longer be able to simply withdraw. Down payments imply that the commitment made in the contract is considered final. If the tenant cancels the rental, a full refund is made by the owner up to 30 days before the scheduled arrival date and a refund of 50% (of the total amount of the rental price) is made for cancellations made at least 7 days before the scheduled arrival date. No refund is possible in the event of cancellations made within 7 days prior to the scheduled arrival date and in the event of a no-show on the scheduled arrival date.

Article 9 – Security deposit
Upon arrival and handing over the keys, or in the 2 days preceding, the owner is entitled to require the tenant to pay a security deposit, provided for by the contract to respond to the damage or loss which could be caused to the accommodation and the movable objects which furnish it, or even if necessary to subtract the rental charges not included in the rent if this is provided for in the contract. Any lost, broken, damaged or damaged object must be replaced or reimbursed to the owner at its replacement value by the tenant who undertakes to do so. This security deposit, non-bearing of interest, can in no way be considered as payment of part of the rent, and will be refunded after return of the keys and after deduction, if necessary, of repairs or losses, on departure of the tenant or at the latest within 14 days after this departure. The landlord must then provide the tenant with proof of the sums deducted from the security deposit. The return of the keys to the owner, at the end of the rental, does not entail the owner's waiver of compensation for rental repairs, if he proves that the damage or loss is the fault of the tenant.

Article 10 - Insurance
The owner may require the tenant to be insured with a well-known insurance company against the risk of theft, fire and water damage, both for his rental risks and for the furniture rented out, as well as for the recourse of neighbours, and justify it at the first requisition of the owner. The owner declines all responsibility for the recourse that his insurance company could exercise against the tenant in the event of a claim.

Article 11 – Other remarks
For the execution of the present, the parties register their residence at their respective addresses indicated in the contract or the reservation. In case of dispute, the competent court will be that of the location of the rented premises. If any provision of these General Conditions is found to be unlawful, void or for any other reason unenforceable, then that provision shall be deemed severable from the Conditions and shall not affect the validity and enforceability of any remaining provisions.