General Rental Terms
All these informations are presented in English. The client states have full legal capacity to engage under these terms and conditions. In case of doubt on the interpretation of these terms, the French version will prevail over the English version.
Entry into force - Duration: These terms come into effect when Moment’ Apart collects the deposit. They are valid until the tenant leaves the accommodation (date and hour indicated in the last confirmation email sent).
These conditions are concluded between:
On the one hand society Moment 'Apart Ltd. located at 712 avenue de la république LILLE, registered with the RCS Lille, SIRET: 528 039 100 00029, and secondly the tenant wishing to rent an accommodation and of whom its whereabouts are indicated during its registration or its booking. The tenant undertakes to update their personal data if they had to change.
The electronic signature of the rental agreement is made by the "double-clicking" system, the communication of personal data and /or bank and the collection of the deposit. If the deposit has not been collected by Moment' Apart the contract is not deemed signed by Moment' Apart. Express agreement, the electronic signature value of a handwritten signature by the parties. Without this electronic signature, the booking will not be taken into account.
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. The client occupant may therefore rely on the legal provisions applicable to residential leases, particularly with regard to tenure. Accordingly, the contract will be governed by the provisions of the frenh Civil Code and by the conditions set forth herein.
2. Booking and confirmation
After the choice of accommodation on the website, Moment’ Apart asks the tenant to complete online, the booking form by entering particular personal details.
The reservation is validated when the tenant received the confirmation email and when he was debited from his bank account the amount of the deposit. In short term rental (≤ 90 nights, the deposit represents a 25% of the amount of nights and optional services selected. In medium term rental (> 90 days), the deposit is one month's rent transferred to the owner, Moment 'Apart fees for the entire term of the contract and optional services selected. 30€ VAT of fees will be charged whatever the contract term. The amount to pay will be indicated on the booking module.
If the tenant decides to pay by bank transfer or by French check mailed to Moment 'Apart (only possible choice in the case of bookings made at least 15 days before entering the premises), he takes out an option on the accommodation but it will be withdrawn if Moment 'Apart has not received the check or proof of transfer within 5 days of the rental application. Otherwise, the confirmation email will be sent by Moment' Apart at the earliest possible time. In all cases, only the confirmation email and the debit of the prepayment are a proof of the final confirmation of the rental.
3. The rental agreement
The rental agreement is composed of specific clauses and general clauses. The tenant will find the special clauses (amount of rent, accommodation address, arrival time ...) in the confirmation email and general clauses are these general rental terms. It is therefore essential to check the box at the time of booking to prove the acceptance of these terms. They will be attached to the confirmation email with the description of the rented accommodation.
The rental agreement will be concluded directly between the owner (which may be represented by Moment 'Apart) and the tenant.
4. Check-in
When booking, the tenant inform the exact time of arrival and departure in order to the owner or his representative be present. The tenant can always change these hours up to 24 hours before his arrival on the website in its tenant space. In case of unexpected delays on the day of arrival, Moment 'Apart requests to prevent as quickly as possible the contact person. 30€ VAT included will be charged if, for lack of information (at least 3/4h before the estimated time of arrival) of the tenant, the owner or his representative is obliged to make an extra trip to welcome the tenant late.
For "Exclusif" accommodations if the tenant arrive after 6pm or a saturday, the keys will be put in a code locker at our agency or at our partner the Star Rock café.
On his arrival the tenant must present a valid identity card or passport.
An inventory of fixtures will be signed by the tenant at his arrival. In case of deposit of keys in a code locker at our agency or at our partner, the accommodation will be inspected by our team and an inventory will be sent to the tenant by email. The tenant takes responsibility for checking the contents and to report any anomalies, missing or degraded elements at the latest the day after his arrival at 1pm. If no comment was done in this period, the tenant will be presumed to have received the accommodation in good repair and have to leave everything as it is, except the contrary is proved (Article 1731 French Civil Code). The accommodation is made available to the tenant in a perfect condition; the tenant will use as a "good father".
5. The balance of payment
The balance is due at the ckeck in and will be paid directly to the owner or his representative. No keys will be given without full payment of the stay.
6. Security deposit
Before handing over the keys, the tenant must pay the owner or his representative the security deposit (amount shown on the accommodation description and on the confirmation email). This is to cover any damage to the property, its furnishings or equipment, or theft. It can also be used to pay for cleaning not carried out at the end of the stay, for gas/electricity consumption or for the balance of the rent. If the cleaning has not been carried out, or has not been completed in full, the amount retained will depend on the time spent by the cleaning company.
There are several ways to pay the security deposit, depending on the accommodation selected: cheque (in euros), cash (in euros), bank transfer or credit card imprint (a pre-authorization for the amount of the security deposit will be made via the Swikly service).
In the case of credit card payment, Moment'Apart uses the Swikly online service, which enables tenants to deposit their deposit simply by making a credit card imprint, without having to pay in advance. Swikly eliminates the need to send a check, cash, transfer or block your credit card. This is not a payment: The tenant will not be debited for the amount requested, and the funds will not be blocked on his bank account. The deposit will automatically expire a few days after departure if no damage is noted after departure.
Please note Fees generated by the request for “swiks” will be shared 50% by Moment'Apart and 50% by the tenant. The costs are calculated as follows: 1.8% of the amount of the deposit + 25 cts excl. tax (example for a deposit of €1000: (€1000 x 1.8%) + 0.25 cts = €18.25 excl. tax, i.e. €9.13 payable by Moment'Apart and €9.12 payable by the tenant).
The security deposit will be returned to the tenant on the day of departure, or within a maximum of 3 weeks following departure, if no damage or deterioration has been noted in the accommodation, if it has been returned in a clean and tidy condition, and if no over-consumption has been noted in relation to the fixed price indicated in paragraph 11 (for rentals of less than 3 months). In the case of rentals of more than 3 months, gas and/or electricity consumption will be invoiced on an actual basis, and the security deposit will be returned after payment of the latter (in the event of an overrun of more than €50).
In the event of damage or theft, the owner or his representative undertakes to return to the customer the balance of the security deposit, if any, after deduction of the sums required for repairs and/or repairs and/or purchases, within 60 days of the return of the keys.If the deposit is insufficient, the tenant agrees to pay the difference on supporting documentation provided by the owner or his representative.
If the security deposit proves insufficient, the tenant undertakes to pay the difference on presentation of receipts by the owner or his representative.
If the tenant loses the keys to the rented apartment, the owner or his representative will be obliged to have the door lock changed. The bill will be paid by the tenant.
7. Check-out
Not exclusive accommodation: The owner will conduct an inventory and a description of the accommodation at the time indicated on the final confirmation email and retrieves the keys. Any differences compared to the inventory signed at the beginning of the rental: damage and/or maintenance problem will be charged to the tenant.
Exclusive accommodation (banner displayed on the pictures of accommodation description): The tenant will leave at the time indicated in the last confirmation email (or change of schedule) sent. Beyond this timeline Moment' Apart reserves the right to charge an extra night. Depending on the apartment, the tenant will close the door and then deposit the keys in the mailbox or leave the keys on the table then slammed the door.
The tenant has to leave the accommodation in the same condition in which he received it: cleaning done (unless he purchased the service when booking), bins emptied, dishes cleaned and put away. The linen is cleaned by Moment 'Apart.
The inventory and the meter readings will be made by the cleaning company after the tenant departure. Any difference compared to the inventory of origin, any damage and/or maintenance problem will be charged to the tenant. If the tenant prefers to do be present during the inventory, it may be requested at least 48 hours before planed departure time.
8. Departure or arrival on sunday or public holiday
For arrivals and departures on sundays and French public holidays, depending on the kind of apartment, it may be asked an extra of 20€ VAT included.
9. Cancellation policy
If cancellation occurs no money will give back and Moment' Apart or the owner will ask the tenant to pay the balance of the rent in case of late cancellation (less than 30 days before the date of arrival) with a maximum equivalent to the price of 30 nights.
The tenant can cancell from his tenant login area on Moment' Apart website. He can also send us an email. will necessarily be informed from the cancellation of the stay by fax or email. Telephone cancellations will not be taken into account. This will be effective when Moment' Apart will have read it and you will be sent an email confirming the cancellation. This Any early departure or late arrival will not pretend to any refund of payment of the stay. Similarly, Moment 'Apart is not responsible for disturbances during the tenancy or for delays on arrival, such as strikes or other disturbances that are not within its competence.
If the tenant wishes to protect him, he may take the guarantee ADAR that is an insurance for cancellation, interruption, rental liability. Thus, in case of cancellation, the tenant will be reimbursed for any deposit paid and the owner or his representative of any balance. Similarly, in case of interruption, the tenant will be refunded the unexpired period. Finally, the tenant has in addition a rental liability insurance for damage due to fire, explosion, water damage.
Cancellation by Moment 'Apart: in case of contingencies (fire - damage - thefts etc.) which made the apartment inaccessible Moment' Apart strive to find to the tenant an accommodation at the same price. If this change is not possible, all sums collected by Moment 'Apart for the non nights spent in the accommodation will be refunded to the tenant.
10. Dates of stay modification
The tenant can change its dates of stay on his tenant space on the website of Moment'Apart. Attention, it will only be possible to change the date of departure or arrival date. If the tenant wants to move his stay, it will be similar to a cancellation (see paragraph 9). Similarly, if the new date requested causes a shortening of the stay, this shall not include any refund of payment made or a change in the balance planed on arrival.
Accommodation not all belonging to the same owner, it is not possible to change apartments during your stay.
11. Prices
Short term rental (≤ 90 nights): Prices are quoted in euros and posted on the website. The rates are inclusive of agency fees. The local tourist tax will have to be paid in addition to the posted price. The consumption of gas/electricity is included in the rates within the following limits:for the period May to September included: 10 kWh per day for a studio, 15 kWh per day for an accommodation with 1 bedroom, 20 kWh per day for an accommodation with 2 bedrooms, 25 kWh per day for an accommodation with 3 bedrooms and more. For the period from October to April included: 15 kWh per day for a studio, 25 kWh per day for an accommodation with 1 bedroom, 35 kWh per day for an accommodation with 2 bedrooms, 40 kWh per day for an accommodation with 3 bedrooms and more. Water consumption is included in the rates within the following limits: 0,15 m3 per person per day. Subscriptions are always included.
If the tenant exceeded these limits (on meter reading) an additional billing will be established at the current price of kwh (Base option). If an accommodation has a different plan, it will be noted with a different color in the description on the website and summarized in the confirmation email in the specifics part.
In case of short-term rental which would be extended and therefore exceed the 90 nights, the owner or his representative considered that the tenant has paid a monthly provision equal to the amount written on the apartment description on the website in the "medium term" category. This provision will therefore be regularized at end of the stay (see below).
The weekly price is for 7 nights and the monthly price is for 30 nights. If the tenant books for a month of 31 nights, he will therefore pay on a pro rata basis: (monthly price / 30) x 31.
Medium term rental (>90 nights): Prices are quoted in euros and posted on the site. The monthly rates are inclusive of agency fees without of gas/electricity. A provision will be requested and an adjustment will be made at the end of the stay on meter readings and the current price of KWH (regulated prices of EDF for electricity and ENGIE for gas). If the provision is insufficient, the balance will be paid to the contact person or deducted from the security deposit. If the provision is greater than consumption, the tenant will be refunded the difference. The adjustment will be done in case of difference higher than 50 €.
The indicated monthly price is for 30 nights. If the tenant books for 91 nights, he will pay on a pro rata basis: (price per month / 30) x 91. An advance payment for electricity and gas will be required for each period of 30 nights begun.
For all rentals whatever the duration: The phone and video on demand are never included. The owner of his representative will be take charge of the plumbing, electrical appliances fixing or other repairs costs EXCEPT if the problem is due to misuse by the tenant. For this reason, if the tenant forgets his keys inside the accommodation and the intervention does not require a locksmith (the keys are left in the lock for example), the owner or his representative will help him out during the opening hours of the agency with no extra charge. Outside these hours, the sum of 50 € will be requested from the tenant and will be due immediately.
12. Rental duration
The number of nights minimum is indicated on the accommodation description. The stay may not exceed the number of nights indicated on the confirmation email. Contact Moment'Apart if you wish to extend your stay. The rental agreement automatically ceases upon the expiry of the period fixed in the contract, without the need to give notice.
13. Moment’ Apart remuneration
The publication of the offer to rent on the website is free for the owner. For its linking and deposit collect service Moment 'Apart receives a commission of 16% VAT included of the total rent. 30€ VAT included fee are charged to the tenant, they will never be reimbursed by Moment' Apart.
14. Obligation of the parties
a- the owner obliges itself:
- to give to the tenant a accommodation in good working order and repair as well as furniture and equipment mentioned in the inventory in good working condition;
- to give to the tenant the quiet enjoyment of the rented premises and, without prejudice to the provisions of section 1721 of the french Civil Code under which the lessor must guarantee (and possible compensation) to the lessee for all defects of the rented property which prevent its use, even if the owner did not know them when signing the contract.
b- the tenant obliges itself:
– to pay the rent to the agreed terms.
– to insure the premises which is rented. The tenant is indeed responsible for damage occuring of his fact.
– not to smoke in the accommodations. Smoking in an accommodation will result in the payment of compensation proportional to the costs incurred such as laundry expenses, dry cleaning, and damages compensating for the price of nights during which the accommodation cannot be rented after departure of the tenant. A minimum penalty of 120 € will be charged.
– not to go into the accommodation animals without the authorization of the owner or his representative.
– not to assign or sublet the rented premises.
– to respond of damage and losses that occur during the rental in the accommodation whose he has the exclusive enjoyment, except in cases of force majeure, fault of the owner or of a third party who he has not invited into the accommodation.
– not to transform the rented premises and equipment.
– not to commit any act to harm the peace of the neighbours and to respect the rules of the building and/or settlement of co-ownership. Otherwise, the owner or his representative may not give back the security deposit or stop the rental contract (no money will be reimbursed).
– to notify the owner or his representative as soon as possible in the event of an emergency repair occur during the rental period, to allow the owner, Moment' Apart or any third party authorized by him to do the necessary reparations and not to claim any reduction of rent for that fact.
– to allow the owner, his representative or managing agent into the premises as often as necessary.
- to allow the visits of the accommodation two hours a day, working day.
– to occupy the premises within the number of persons indicated in the description accommodation. Otherwise, the owner or his representative may ask a supplement or not give back the security deposit or refuse the access to the premises.
– to return the apartment in the state he found it: clean, bins emptied, furniture in place and the dishes washed and put away.
– to assume sole responsibility in case of complaint for neighborhood nuisance.
– not to hold liable Moment 'Apart (or owner) of water cuts, gas or electricity, a malfunctioning elevator or interruption of the Internet.
– to waive all liability claims against Moment 'Apart (or owner) in case of theft, attempted theft, of any offence for which the tenant could be a victim on the rented premises and nuisance including noise, may occur outside the accommodation;
– not to hold liable Moment 'Apart from damages or injuries that may happen to the tenant and/or those who accompany him and his personal effects, caused by devices and / or construction of housing and common areas;
– not to order video on demand, pay online orders with the internet subscription of the owner or download and / or make available works protected by copyright.
– not to contact the owner directly to rent the accommodation in a future stay or extend the initial rental duration because this is contrary to the contract with the owners.
15. Owners' personal things
Some accommodations are occupied occasionally by their owners. You can in some cases find their belongings, and we ask you to respect these things.
You are asked not to add furniture other than linens and small miscellaneous items, move furniture and/or change the general arrangement of the accommodation, unless prior consent of the owner or his representative.
16. Reservation attribution
The booking is attributed to the tenant whose name is mentioned in the e-mail confirmation. It is not transferable, in whole or in part, to third parties.
17. Termination
The rental agreement will be terminated automatically, without formality or delay, at the end of the date specified in the rental agreement and / or in case of default by the tenant of any of its obligations or in the case of a behavior does not respect the building rules and / or harmful to the well being and comfort of other occupants of the building. In these circumstances, the tenant leave the accommodation immediately and if not will be evicted, if necessary, in the proceedings against him.
18. Privacy
According to the law of 07 August 2004 relating to computers, files and freedoms, protection of personal data, Moment 'Apart informs tenants that the personal data that are provided will be used only for the service requested. Only employees and partner supplier who need to know these data to provide the best service to its customers will have access. In all cases, tenants can exercise their rights of access, opposition, rectification and cancellation in accordance with the mentioned law.