► back to home page
I – General Rental Conditions
1. Purpose of the premises
The accommodation shall be exclusively for use as a dwelling for temporary and leisure purposes.
It may not constitute the principal or even secondary residence and the Tenant may not carry out any commercial, trade or professional activity therein.
2. Arrival procedure
There will always be someone to welcome you to the apartment (Owner or person representing the owner). In order to provide you with the best possible service, we ask that you inform us of the time of your arrival and your means of transport during the booking process. If you do not know your time of arrival at the time of booking, it will be possible for you to state it at least three days before in your personal space, “my bookings”. A booking confirmation email shall contain all the information concerning the check-in as well as the contact details for the owner. Please print this confirmation and keep it with you.
3. Inventory of the rented premises
In addition to the record of furnishings, the inventory of fittings shall be a document drawn up in as many copies as there are parties to the contract, ie. 2 copies, and attached to the latter document. If no inventory of fittings is made, the tenant shall be assumed to have received the premises in a good state of repair and must return them in such a state unless there is evidence to the contrary (Art. 1731 of the Civil Code).
4. Duration of the rental
The rental shall cease automatically on the expiry of the term fixed in the Article “Details of your booking” on page 1, without the need for notice to be given.
The duration of the stay may not be extended without the express prior agreement of 2beapart and the Owner.
The amount of the rent, the prepayment corresponding to the commission of 2beapart, any charges and the guarantee shall be indicated on page 1. On arrival, when the keys are handed over, the tenant shall pay directly to the owner an amount corresponding to the amount remaining owed as defined in page 1, as well as the guarantee.
When he enters the property, the Tenant shall pay the owner an amount defined in page 1 as a deposit, to cover any damage which may affect the accommodation, its furniture or its fittings. The refunding of all or part of the deposit shall occur on the day on which the exit inventory of fittings is drawn up and the keys are returned at the end of the stay and shall depend on the condition of the accommodation.
7. Exclusion of the right of withdrawal
In application of Article L121-20-4 of the Consumer Code, the Tenant shall be informed that he does not enjoy the right of withdrawal.
8. Obligations of the parties
a- The Owner shall undertake:
– to deliver to the Tenant a property in good working condition and in a good state of repair as well as the furniture and fittings mentioned in the record of furnishings in good working order.
– to guarantee to the Tenant the peaceful enjoyment of the rented premises, notwithstanding the provisions of Article 1721 of the Civil Code [in virtue of which the lessor owes a guarantee (and any compensation) to the lessee for all the defects and faults of the rented property which prevent its use, even if the Owner was unaware of them when the lease was signed], to guarantee him against defects and faults liable to provide an obstacle to this;
– to maintain the accommodation in a condition to be used for the purpose stipulated in the contract and to carry out any repairs necessary to keep it in good condition and to maintain the rented accommodation.
b- The Tenant shall undertake:
– to pay the rent within the agreed terms;
– to use the premises peacefully in accordance with their contractual use;
– to not transfer or sub-let the rented accommodation;
– to be accountable for damages and losses which occur during the period of the lease in the accommodation of which he has the exclusive use, except in the case of a force majeure, the fault of the lessor or the act of a third party whom he has not introduced into the accommodation;
– to not transform the rented premises and fittings;
– to respect the internal building regulations and/or the joint ownership agreement;
- the Tenant must be insured by an insurance company against the risks of theft, fire and water damage, both for his tenant’s risks and for the movable property given over for rent, as well as for appeals by the neighbours, and he must show evidence of this to the Owner when the keys are handed over. As a result, the Owner shall decline all liability for any recourse his insurance company may exercise against the tenant in the event of a claim. In no event shall 2beapart be held liable if the tenant is not insured.
– to allow the Owner, his representative or the building manager to enter the premises as often as necessary.
9. Changes and Cancellations to the rental
a- Changes and Cancellations by the Tenant:
If the Tenant renounces the rental and cancels the rental prior to the start of the rental, for any reason, the prepayment of 2beapart as mentioned on page 1 shall remain acquired. The cancellation costs shall depend on the notice given: less than 14 days before arrival: 50% of the total rental. Less than 24 hours or cancellation without notice: 100% of the total rental.
Each change to the booking shall be subject to a minimum charge of €40. Each change of accommodation shall constitute a new booking and the previously paid installment shall not be refunded.
b- Cancellation by the Owner
If the owner is forced to cancel a booking, whatever the date of this cancellation, and if 2beapart is not in a position to offer an apartment of an identical or superior quality to that which the tenant has chosen, under the same conditions, the owner must reimburse the tenant with all the amounts already paid, including the prepayment, without any additional compensation.
10. Termination clause and penalty clause
a- Termination clause
If the amounts agreed in Article 1.3 are not paid, it shall be anticipated that the contract will be terminated automatically without legal formalities.
Notwithstanding the possible implementation of the termination clause and the request to award damages in virtue of Article 1226 of the Civil Code relating to penalty cla
uses, the parties shall agree that the non-payment of the rent or the charges will result in a 15% increase in the amounts owed.
This penalty clause shall come into effect in the event of the inaction of the Tenant seven days after the sending by the lessor of a formal notice by registered letter with advice of receipt.
II – General conditions of use of the site www.2beapart.com
These General Conditions of Use (“GCU”) shall govern all relationships between 2beapart and the Users.
Any consultation and/or use of the Site www. 2beapart.com shall imply the acceptance and respecting of all the terms of the GCU.
- 2beapart: shall designate the Site editor
- Site: shall designate the website www. 2beapart.com
- Service: shall designate the matching service between the Owners of furnished accommodation wishing to earn an income and any persons wishing to rent furnished accommodation on a temporary basis.
- Owner: shall designate a User who owns furnished accommodation and who appoints 2beapart to present the accommodation on the Site for the purposes of seasonal furnished rental.
- Tenant: shall designate a User who has signed a seasonal or long-term furnished rental contract, as applicable.
- User: shall designate any person who consults or uses the Site.
- User Content: shall designate the data sent by the User under the different headings of the Site.
- Member: shall designate a User identified on the Site.
- Identifier or Login: shall designate one of the two pieces of confidential information necessary to identify a User on the Site to access the areas reserved for members.
- Password: shall designate the second piece of confidential information, making it possible to prove the identity of the User when used in conjunction with the Identifier.
3. Use of the Site
The Site may be accessed and used only in accordance with the GCU and, in any event, for lawful and appropriate purposes, including in accordance with the laws and regulations applicable in France, or any other country from which the User accesses the Site.
The User shall undertake not to:
- publish, transmit or circulate information on or via the Site which is or could be harmful, obscene, defamatory, offensive, inappropriate, shocking, abusive, insulting, racist, incites racial hatred or violence, constitutes an apology for crimes against humanity, child pornography, is likely to violate human dignity or the private life of others, is illegal, contravenes current laws or is illicit;
- use the Site in a manner which constitutes or is liable to constitute a contravention of the rights of 2beapart or a third party;
- make unauthorised, false or fraudulent bookings;
- assume the identity of a third party;
- provide or circulate inaccurate, false or incomplete information;
- use software or a device to interfere or attempt to interfere in the operation or functionalities of the Site, including, among other things, by loading or making available, by any means, files containing corrupt data or viruses, Trojan horses, logic bombs or other malicious codes intended to interrupt, suspend, destroy or limit the functionalities of the Site;
- damage, alter or interfere with the appearance of the Site or the subjacent software code;
- perform any act which would overload the Site or any related infrastructure;
- obtain or attempt to obtain unauthorised access,
- collect, process or retain personal data relating to other Users,
- modify or adapt the Site or any third party site in such a way as to falsely imply that it is associated with the Site,
2beapart shall reserve the right to refuse access to the Service unilaterally and without prior notification, to any User who does not respect these GCU.
4. Intellectual property
The Site and the elements of which it consists, in particular the logos, brands, identification marks, texts, graphics, data including that relating to properties, photographs and images of all kinds, shall be the exclusive property of 2beapart.
As a result, the user shall accept that all use of the Site or the elements of which it consists, other than the normal consultation and use of the Site, violates the rights held by 2beapart.
As a result, without prior written agreement from 2beapart, the User shall refrain from:
- extracting or reproducing by any means, all or part of the Site or any of the elements of which it consists;
- operating, marketing or distributing, free or at a charge, any part of the Site, such as advertisements, descriptions, data or photographs ;
- modifying, removing or altering, in any way whatsoever and by any means, all or part of the elements of which the Site consists.
5. Hypertext links
Hypertext links to other Sites: the Site may contain links to other third party Sites. 2beapart shall have no control over these Sites and their contents. It cannot be held liable for the information, elements, products or services contained therein or which are accessible via these Sites. The access to and use of these Sites shall fall within the exclusive liability of the User and, if applicable, of the editor or host of these Sites.
Hypertext links to the Site: the User may not use and/or insert a hypertext link to the Site without the written authorisation of 2beapart.
If the stipulations of this Article are violated, 2beapart may take any appropriate measures to end this problem and obtain reparation for the damage suffered.
6. Description of the service
a-Description of the publication procedure for the rental offer: the Owner shall place his rental offer on the Site using a several-stage process described under the heading [Owners’ space] of the Site.
The publication of the rental offer on the Site shall require the prior signature of a property search form for furnished rental accommodation between the Owner and 2beapart.
2beapart shall present the accommodation on the Site (photo(s), description, rent, charges, rental conditions, etc.) according to the modalities agreed in the search form.
2beapart shall inform the Owner of bookings made for the accommodation.
b-Description of the accommodation booking procedure: the accommodation booking procedure shall take place in several stages described under the headings [rent to individuals] and [corporate rentals] of the Site.
The selection of the search criteria shall allow the User to access the presentation of one or more properties, if required.
The User shall be responsible for checking the availability of the accommodation he plans to book using the availability calendar which is included on the Site.
The presentation of each accommodation shall be accompanied by a description, the amount of the rent including all charges, as well as the amount of the guarantee which will be required by the Owner on entry to the premises.
The User shall then be invited to complete the rental form online and in particular to input his personal contact details. This form shall contain a summary of the booking and allow him to read the [general rental conditions].
At the end of the procedure, the booking shall be validated by the online prepayment and the sending of a confirmation email to the User.
7. The online prepayment
Before making the online prepayment, each of the screens on the Site shall allow the User to go back in order to amend his booking.
The online booking prepayment shall be made using a bank card and shall be secure.
When the booking is made, the User must pay 20% of the cost of the stay. The balance must be paid directly to the Owner or his representative on entry into the premises. In the event of a defaulted prepayment following the provision of an incorrect bank card number, bank card fraud or full or partial non-payment, 2beapart shall have the facility to cancel the booking without notice and without compensation, any charges involved therein being payable by the User. Civil or criminal proceedings may be brought against the User if required.
As soon as the prepayment is confirmed, the booking shall be validated and the accommodation booked. The User shall receive a booking conformation by email as soon as possible, containing an attachment with the rental contract.
8. The rental contract
The User must sign three copies of the rental contract. The first of these copies must be returned to 2beapart by post to the address mentioned in the confirmation email within 48 hours. The Tenant must retain a second copy, which will be signed by the accommodation Owner (or his representative). When the keys are handed over, the Tenant shall pay the Owner (or his representative) the balance of the rent as well as the deposit.
The rental shall be concluded directly between the Owner (represented by 2beapart, duly mandated to this effect) and the Tenant. 2beapart shall have no obligation in the accommodation rental contract which binds the Tenant and the Owner.
All claims must be made to the Owner.
9. Exclusion of the right of withdrawal
In application of Article L.121-20-4 of the Consumer Code, the Tenant shall be informed that he does not have any right of withdrawal.
10. Payment of 2BEAPART
The circulation of the rental offer on the Site shall be free of charge.
2beapart shall receive commission of 20% of the rent including charges for its matching service.
2beapart shall take the commission directly from the Tenant when each booking is made via its Site.
The payment made to 2beapart shall correspond to compensation for its matching service. As a result and in any event, it shall never be refundable by 2beapart.
In particular, it shall not constitute a deposit on the rent for the chosen accommodation.
11. Cancellation of the stay
For the Owner, the cancellation conditions shall be included in the property search form agreed with 2beapart and for the Tenant, in the rental contract and in the “rental conditions” section above.
a-Liability of the User Content: The User shall be responsible for ensuring that the User Content he provides on the Site is correct and will allow him to receive correspondence and in particular emails from 2beapart. In no event can 2beapart be held liable if the User does not receive the information sent to him by 2beapart due to an error in the inputting of his details.
b-Liability of 2beapart for the content of the Site: the Site shall not have the aim of and cannot have the effect of forming a rental agreement or any other similar agreement.
2beapart shall take all necessary care in the creation and updating of the Site. However, the data and in particular the photographs it contains shall have no contractual value. 2beapart cannot in this respect guarantee that this data is exempt from errors, complete and perfectly meets the expectations of Users.
2beapart shall retain the option to modify, suspend or interrupt all or part of the Site temporarily or permanently at any moment, automatically and with no formalities of information or termination. It cannot be held liable in any respect in the event of the modification, suspension or temporary or permanent interruption of any of the elements of which the Site consists.
13. Modification of the GCU
2beapart shall reserve the right to modify the GCU at any time and without notice. It shall therefore be the responsibility of Users to check the GCU regularly.
14. Applicable law and attribution of jurisdiction
All relationships between 2beapart and Users and in particular the GCU shall be subject to French law.
FRENCH JURISDICTION AND THE COURTS OF PARTIES SHALL BE THE SOLE COMPETENT COURTS IN THE EVENT OF A DISPUTE WHICH MAY ARISE REGARDING THE INTERPRETATION AND/OR EXECUTION OF THE GCU, NOTWITHSTANDING MULTIPLE DEFENDANTS, THE INTRODUCTION OF THIRD PARTIES, INCLUDING FOR EMERGENCY PROCEDURES AND PRECAUTIONARY MEASURES, IN APPLICATION OR AS A SUMMARY PROCEDURE.
► back to home page