Description
Seasonal lets are governed by the civil code (‘Code civil’, article 1713 and onwards), so the length of let, prices and conditions are fixed freely by both parties. However, all landlords of holiday homes, whether private individuals, professionals or agents, are required by law to give the fullest information about their property in writing – its address and location – whether it is in the country or a town, near a beach or shopping facilities, with a sea view or near a main road, railway station or airport, and its category if it has one. You must be told the number and sizes of rooms, and what equipment and facilities are available. Is electricity, water and gas included in the price or extra?

Contracts
Both copies of the contract or letter of agreement (one for each party) must be signed by both parties and must state at least the following:
• The times and dates of arrival and departure;
• The price of the accommodation (the number of people should not affect the price);
• Any agent’s commission payable;
• Whether or not electricity, gas, phone and water are included;
• How much deposit is required and how much returnable deposit against damages;
• The cancellation terms.
Don’t sign any contract unless you agree with all the terms and conditions. You can ask for the removal of any terms that you feel are unfair or prejudicial to your rights in the event of a conflict.

Advances and deposits
It’s normal to ask for an advance at the time of booking, and the contract should say how much is required. Agencies are not allowed to charge more than 25% of the price and not more than six months in advance, and their fees must be clearly shown in writing at the entrance to their premises.
If you’re dealing directly with an owner, then the deposit is freely negotiable with him, but think again before paying more than 25% of the total price.
There are three kinds of deposit in France. If the deposit is called arrhes in the contract, it is a booking fee and isn’t refundable if you cancel the holiday, but the owner has to pay you back double the sum if he cancels.
If it’s called acompte then it is a downpayment on a definite agreement, and if either of you cancels, the other has to stump up the full rental price or at least compensate the other for loss or damages.
If it doesn’t stipulate which it is in the contract, then it’s understood to be a booking fee or arrhes. In any case, check your contract for cancellation terms.
A caution or dépot de garantie is a deposit held against possible damage by you to the premises, and can be around 20% of the total rental price if there is no agent involved, and 25% if it includes the arrhes and the acompte. This is handed over against a receipt on entering the premises, and can be banked by the agent or owner straight away.

Moving in
An inventory – état des lieux – should be agreed to and signed by both parties at the beginning of the rental. Any existing damage or deterioration should be written down at this time. Sometimes there’s a printed list to be checked and agreed, and don’t forget to verify meter readings if electricity, water and gas are to be charged separately.
Ask for operating instructions for any appliances with which you are unfamiliar and watch out for any peculiarities. The owner must ensure that everything is in good repair and working order, but you must treat the premises and equipment with due care, not make too much noise or cause disturbance in the neighbourhood.
Often owners will supply tourist maps and pamphlets with information on local facilities and what’s on in the area. If not, visit the nearest tourist office and stock up. Make sure you have a contact number for the owner.

Moving out
Remind the owner a few days in advance of your leaving date so that you can check the inventory together, agree on any damage or deterioration caused by you other than normal wear and tear, and each sign a copy. It’s very important to take time to do this carefully, in case of litigation. Any disagreement or observations should be noted in writing on the inventory.
Take water, electricity and gas readings at the same time if they are charged separately. Obtain a receipt when you have paid your final bill – solde de tout compte – and ask for the return of your security deposit if there is no damage. This should be returned in full at the end of the holiday if there’s no damage. In the event of any damage, the contract should state when the balance will be returned. This may not be later than three months from the end of the let, and the renter can demand invoices as proof of sums deducted for damage.

Taxe de séjour
Many communes charge a taxe de séjour – tourist tax. This can vary between €0.20 to €1.50 per person per day depending on the quality of your accommodation. The lessor is responsible for collecting this from the lessee and paying it into the local treasury. Children under the age of 13 are exempt from this tax, and it doesn’t apply to children’s holiday centres. People who benefit from chèques vacances can also be partly or fully exempt. These monies are used by the communes to improve their tourist facilities.

Insurance
The owner is legally required to maintain the premises and equipment to safe standards and is responsible for taking out third-party insurance for the tenants using the accommodation. He can also ask his insurer to add in a clause called abandon de recours or renonciation de recours: this means the landlord and his insurer will not claim from the tenant in the case of water or fire damage. However, this is now rare, and in any case the tenant would still be liable for fire or water damage he caused to neighbours and third parties.
Your own house insurance may contain an optional clause called villégiature covering travel and holidays. If so, check to what extent you are insured. Normally this won’t cover more than three month’s holiday away from your house. Some villégiature clauses include reimbursement of rent paid or arrhes in the event of a cancellation. Many booking agents also offer holiday insurance, but your best bet is to check your cover and make any adjustments to your house policy with your own insurance broker.

Lies and false claims
If you’re unlucky and find discrepancies between the description of the premises by the landlord or agency and the real thing, complain in writing by registered letter with receipt of delivery (LR/AR – lettre recommandée avec accusé de reception) to the Procureur de la République at the Tribunal de Grande Instance of the landlord’s home address.
If you found the place via an advert in the press and are not satisfied with the description, file a complaint as above citing the Unfair Descriptions Act (publicité mensongère).
Refuse to pay any balance owing on the rent and demand at least the refund of any advance payment made on booking. Leave the premises as soon as is practically possible and call in a huissier (bailiff) to draw up a statement witnessing the false description.
If the place has problems or conditions not mentioned in the description which could be dangerous, like a faulty or dangerous electrical installation, or unpleasant, like proximity to an airport, railway line or a noisy or smelly factory, the lessor is legally bound to compensate you, so call in the huissier as described above.
If in spite of these problems you decide to stay, ask the owner for a price reduction.
In the absence of a huissier, take photos and ask witnesses to sign a written, dated statement, showing their full names, date and place of birth, occupation and relationship to you (if any). This document should also mention that it was drawn up to serve as legal evidence (établie en vue de sa production en justice) and that the author is aware of the penalties for false claims (l'auteur a connaissance qu’une fausse attestation l'expose à des sanctions pénales).
If the premises are a ranked (classé) holiday let, write to the Commission départementale de l’action touristique, sending the letter LR/AR within eight days of your arrival. The commission will visit the premises to check on your complaint and will try to arrange a settlement out of court. For a let through Gîtes de France, the procedure is the same but via the Relais Départemental des Gîtes de France.
Lack of a correct written description of the place at the time of signing a contract can cost the landlord a fine of €1,500. If false information is given, decree number 67-128 of February 14, 1967 provides for a fine of €3,750, and, under article L121 of the consumers’ code, a possible fine of up to €37,500 and/or two years in prison. Needless to say the owner will also be struck off the list of ranked premises.

Accidents can happen
Tell the owner and/or the agency immediately, and your own insurer, if you’re unlucky enough to have an accident caused by faulty conditions or badly maintained equipment on the premises. Take photographs, get written statements by any witnesses as to the circumstances, keep copies of doctor’s prescriptions and any hospital treatment and call the huissier to make an official statement, which should then be sent by LR/AR to the proprietor for insurance purposes.

Legal conflict
A little time taken at the outset to make sure all the paperwork is in order will go a long way towards ensuring a good holiday.
• Never sign a contract until you have obtained all the information you need in writing, and have agreed to all the terms and conditions.
• Keep all paperwork because you’ll need it as proof in the event of any conflict.
• Take photos and written statements from witnesses.
Here are a few of the main bodies to contact before you take anyone to court:

If your lessor belongs to them, FNAIM (Fédération nationale des agents immobiliers),
FNAIM 129 rue du Faubourg-Saint-Honoré, 75008 Paris, tel: 01 44 20 77 00, www.fnaim.fr

Syndicat national des professionnels de l'immobilier
SNPI, 26 avenue Victor Hugo, 75116 Paris, tel: 01 53 64 91 92, www.snpi.com

Union nationale indépendante des transactionnaires immobilières
UNITI, 4 rue de Stockholm, 75008 Paris, tel: 01 42 93 79 86.

Or, the Syndicat d'Initiative which will put you in touch with the lessor and the fraud body DDCCRF (Direction départementale de la concurrence, de la consommation et de la répression des fraudes) in the same département as the premises.

Bonnes et tranquilles vacances à tous !