General Rental Terms

All these informations are presented in English. The client states have full legal capacity to engage under these terms and conditions.

Entry into force - Duration: These terms come into effect when Moment’ Apart collects the prepayment and sends the confirmation email. They are valid until the tenant leaves (date indicated during the reservation).

These conditions are concluded between:

On the one hand society Moment 'Apart Ltd. located at 28 rue Jacquemars Giélée LILLE, registered with the RCS Lille, SIRET: 528 039 100 0001 1, and secondly the customer wishing to rent an housing and of whom its whereabouts are indicated during its registration or its booking. The customer 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. ans the collection of the prepayment. If the prepayment 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 Civil Code and by the conditions set forth herein.

 2. Booking and confirmation

After the choice of housing on the website, Moment 'Apart asks the tenant to complete online, the booking form by entering particular personal details.

Prepayment is:

- Rental of 90 nights or less: the agency commission of 12% + a deposit of 8 or 13% of the total amount of rent following the housing

- Rental of more than 90 nights: the agency commission of 16% of the rent + a deposit of one month's rent

In addition, 25€ VAT for fees, any surcharges and optional services selected.The amount to pay will be indicated on the booking module.

If the tenant decides to pay by bank transfer or by check mailed to the headquarters of 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 are a proof of the final confirmation of the rental.

3. Check-in

 It takes place into the accommodation according the schedules  indicated in the accommodation description on the website. When booking, Moment 'Apart asked to specify the exact time of arrival and departure of the tenant to the owner or his representative is present. The tenant can always change its hours until 24 hours before his arrival on the website in his tenant space. In case of unexpected delays on the day of entry into the premises, Moment 'Apart request as quickly as possible to prevent the person of contact so that it is reorganizing. An extra of 20 € will be applied if, for lack of information from the tenant, the owner or his representative is obliged to make an extra trip to welcome the client late.

For an arrival out of hours indicated on the website for the accommodation: a request must be formulated with the contact person indicated in the confirmation email. A supplement of 20 € will be asked if acceptance of this arrival time. Similarly, if a delay means an arrival out of these hours a supplement of 30 € will be charged.

The tenant will have to present on his arrival an identity card or a passport valid.

 4. Inventory of fixtures

In addition to the inventory, an inventory of fixtures will be made in 2 copies. If it is impossible to carry out the inventory of fixtures on arrival, the tenant takes the responsibility to verify the content and report any discrepancies, missing or damaged items within 24 hours of arrival. If no comment in this period, the tenant will be presumed to have received the leased premises in good repair and have to return like this, except the contrary is proved (Article 1731 Civil Code). The premises are available to the tenant in a perfect condition; the tenant will use a "good father".
On departure, an inventory of fixtures will be carried and any discrepancies and / or lack compared to the inventory and the inventory of fixtures of origin: damage and / or maintenance problem is (are) charged (s) the tenant. In case of non-realization of inventory of fixtures at the check-out, due to time of departure other than that specified in the contract and inconsistent with the timetable of the owner or his representative, he will unilaterally make the inventory of fixtures and inventory on time.

 5. The rental agreement

The rental agreement is comprised of specific clauses and general clauses. You will find the special clauses (amount of rent, address housing, 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.

The rental agreement will be concluded directly between the owner (which may be represented by Moment 'Apart) and the tenant. Moment'Apart takes no commitment in the rental agreement between the renter and owner. All complaints about accomodation should be addressed to the owner. 

 6. The balance of payment 

The balance is due at the ckeck in and will be paid directly to the owner or his representative. It can be done in 6 ways depending on accommodation chosen (see details of accommodation and confirmation email):

• Payment in cash (euros) on arrival
• Payment by check (in euros) on arrival
• By bank transfer before arrival of the tenant
• On the website of Moment 'Apart at least 2 days before your arrival
• Holidays check
• Paypal

No keys will be given without full payment of the stay.

 7. Deposit

During the check-in, the tenant shall pay to the owner (or his representative) the security deposit (amount indicated on the accommodation description and on the confirmation email). It can respond to damage that could affect accomodation, furniture or equipment and its thefts. It can also be used to pay for various expenses and consumptions due. It can be paid (according to the chosen accommodation: by check (in euros) or by cash (in euros).
When paying cash, the owner or his representative will return the security deposit by check or by bank transfer in euros if the tenant does not have a French bank account.

This sum will be returned to the tenant in the same day or within 15 days included after departure if no damage or injury was found in the accommodation and if it was delivered in clean condition. In case of damage, the owner or his representative shall return to the client the balance of the amount of any existing security deposit after deducting amounts necessary to repair and / or rehabilitated within the next 60 days included return of keys. If the deposit is insufficient, the tenant agrees to pay the difference on supporting evidence provided by the owner or his representative.
If the tenant loses the keys to the rented apartment, the owner or his representative shall be obliged to change the barrel of the door. The invoice will be pay by the tenant.
The return of the keys to the owner or his representative at the end of rent does not waive its owner to compensation for any tenant repairs.

8. Cancellation policy

If cancellation occurs no money will give back and Moment' Apart or the owner can ask the tenant to pay the remaining amount owed in case of late cancellation (less than 30 days before the date of arrival) with a maximum equivalent to one month's rent.
Moment' Apart 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 email will serve as proof. 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 hirer will be reimbursed for any deposit paid and the owner or his representative of any balance. Similarly, in case of interruption, the lessee 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 render the apartment inaccessible Moment' Apart strive to find to the tenant an accommodation of the same comforts located as close as possible to that it will be chosen without changing anything on date or price. If this change will not be possible, all sums collected by Moment 'Apart will be refunded to the tenant. 

 9. Dates of stay modification

If the tenant wishes to change its dates of stay 30 days before the scheduled date of arrival and if housing is available for the dates requested change is possible without any additional charge. By cons, if the modification occurs within the 30 days and if housing is available for the dates requested change will be an average of 25 € inclusive of management fees.

 10. Prices

Short term rental: the prices are indicated in euro VAT included and posted on the website. In most of the cases, the proposed price are agency fees included and all charges and taxes included (water - gas - electricity - tourist taxes - linen and towels on arrival). If an element is not included in the price list, it will be noted with a different color in the description of the apartment and recapitulated in the email of confirmation in the specificities part. In case of overconsumption of water, electricity or gaz (compared to the same month previous year), an additional invoice will be established.

Medium term rental: the prices are indicated in euro VAT included and posted on the website. The proposed monthly prices are agency fees included except consumption of electricity and gaz. A provision will be asked and a regularization will be made at the end of stay on meter readings and on invoice (at the price of current KWH). The amount will be payed to the person of contact or taken from the deposit.

 11. Rental duration

The number of nights minimum is indicated on the housing 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.

12. Check-out

The departure of accommodation will be done according to the hours indicated in the accommodation description. The owner or his representative will establish the inventory of fixtures and retrieve the keys. If you want to leave outside these hours, you must submit a request to your contact person. A surcharge may be required in case of agreement.

13. Departure or arrival on sunday or public holiday

For arrivals and departures on sundays and French public holidays, depending on the kind of apartment, he may be asked a supplement of 20 € VAT included.

14. Moment’ Apart remuneration

The distribution 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 12% VAT of the total rent for rentals of 90 nights or less and 16% for rentals of more than 90 nights. and for its complete management service, a commission payed by the owner from 8 to 13% VAT included of total rents. In both cases, 25 € VAT included fee will be charged to the tenant, they will never be reimbursed by Moment ' Apart.

15. 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 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 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 ;

– 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 lessor 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 likely to harm the peace of other residents of the building and to respect the rules of the building and / or settlement of co-ownership

– 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 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 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. Otherwise, a fixed price for reinstatement of the premises will be taken on the deposit;

– 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

– not to contact the owner directly to rerent an accommodation in a future stay or extend the initial rental duration because this is contrary to the contract with the owners.

16. 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 premises, unless prior consent of the owner or his representative. 

17. Reservation attribution

The book 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.

18. 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 premises immediately and if not will be expelled, if necessary, in the proceedings against him.

19. 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.

20. Interpretation

In case of doubt on the interpretation of these terms, the French version will prevail over the English version.