BETWEEN THE UNDERSIGNED :
Keys&Fly, SAS with capital of €10,000, having its registered office at 1766 avenue Marcel Pagnol, 06610, LA GAUDE, registered with the GRASSE RCS under number 852 427 384, represented by Mr. Guy PLATEL, acting as President of the Company,
Hereinafter referred to « Keys&Fly»,
On the one hand,
Mme/M. XXXXXX, demeurant à XXXXXXX,
Hereinafter referred to « client»,
On the other hand,
Hereinafter referred to together « the parties »,
A “rental platform” refers to a company providing an online market offer allowing individuals to be put in contact with owners of real estate so that they can offer their property for short-term rental.
AFTER HAVING EXPOSED THE FOLLOWING :
I/ Keys&Fly assists private owners of main or secondary residences, wishing to increase their income by renting out their vacant home, by offering concierge services.
II/ The client is an individual owner of a main or secondary residence who wishes to increase his income by making his property available for seasonal rentals and benefiting from concierge services to support his tenants.
III/ The client wishes that Keys&Fly, in its capacity as a local partner of the rental platform, provide a concierge service on the property covered by this contract when it is rented out.
The parties have therefore come together in order to conclude a contract for the provision of services.
HEREBY STATED, IT HAS BEEN AGREED AS FOLLOWS :
ARTICLE 1 – OBJECT
The purpose of this contract is to provide an economic and legal framework for the performance of the services provided by Keys&Fly carried out on the property defined below which the client owns.
[Address(es) of the Property(ies) to be completed].
ARTICLE 2 – CONDITIONS OF EXECUTION OF THE MISSION
2.1. Keys&Fly will provide the client with at least the following services :
- Writing service for advertisements in the client name to be published on the rental platform including taking photos of the rented property ;
- Check-in and check-out service to welcome tenants and assist them when they leave ;
- Establishment of an inventory upon arrival and departure of tenants ;
- Provision of a user guide for the rented property ;
- Cleaning and laundry services (washing and ironing of sheets and towels) after the departure of each tenant (in no case during the tenants’ stay). Keys&Fly does not provide breakfast service to tenants ;
- 7/7 telephone support service for clients and tenants ;
- Repair of defective items in the villa*.
* Prior to any repair Keys&Fly will inform the client so that the latter can validate the repair by email. For small repairs or maintenance (replacing a lamp, recharging a gas bottle, etc.) Keys&Fly may undertake the repair or maintenance without first informing the owner if the associated cost does not exceed 100 Euros excluding tax per month. The amount of these repairs, maintenance and/or replaced equipment is not included in the commission provided for in article 4 and will be invoiced separately to the customer with the associated supporting documents. The absence of a response from the customer 48 hours after being informed of the defect in the property will entail acceptance of the repair of the defect in the event that the latter constitutes a danger to the physical or mental safety of the tenants or disturbs their peaceful enjoyment.
2.2. Sub-contracting :
Keys&Fly may subcontract the provision of services, under the conditions of law no. 75-1334 of December 31, 1975 relating to subcontracting.
Keys&Fly will remain solely liable to the Host for the performance of the subcontracted Services.
2.3. Guarantees and obligations of the client for the proper performance of the service
The client commits to provide Keys&Fly :
- All useful, exhaustive and exact information necessary for the provision of services. Keys&Fly cannot be held liable in the event of total or partial non-performance of its obligations in the event that information decisive for the performance of its services has not been transmitted and/or was incorrect.
- A set of keys of the property being rented ;
In addition, the client guarantees :
- To be the owner of the property he wishes to rent ;
- That his home insurance covers the possibility of renting his property to a third party ;
- To have the rights, in particular on the rented goods, allowing the proper execution of this contract ;
- That the property is free from any disturbances, claims, seizures or evictions that could affect its free and peaceful enjoyment ;
- That the rented property complies with the security requirements laid down by law : (1) The electrical installations must comply with NF-C-15-100 standards, (2) The villa must be equipped with fire extinguishers and smoke detectors and (3) The swimming pool must be protected by one of the following three devices: floating or bar cover certified NF-P-90-308, or, barrier surrounding the swimming pool certified NF-P-90-306, or, swimming pool protection alarm certified NF-P-90-307 ;
- That the free time slots indicated by the client can be rented at any time ;
- That these time slots will not be modified without the prior agreement of Keys&Fly ;
- That during these slots the property offered is in a functional, pleasant and secure condition. Consequently, repairs, work and purchases of equipment will be carried out as soon as necessary to guarantee the preservation of this state within a time frame to minimize the impact on the quality of service provided to tenants (48 hours maximum if an incident requiring an repair had to occur during an effective rental period). The costs for these repairs, work and equipment purchases are the responsibility of the client. The client can decide to entrust their realization to Keys&Fly after a preliminary estimate made by Keys&Fly ;
- That following a client’s stay in his property, this property is returned by the client in a state of cleanliness in accordance with Keys&Fly criteria including all beds fully made. The client can decide to entrust Keys&Fly with the cleaning of this property, this service will then be invoiced to the client at the same rate as for a tenant (rate published on the rental platform for cleaning costs) ;
- That confirmed reservations will not be canceled by the client except in cases of force majeure which would render the accommodation unsuitable for rental, such as water damage or fire ;
- That he will not visit his property during a rented period except with the prior agreement of Keys&Fly ;
- That the management of the tenants is fully delegated to Keys&Fly, and therefore that the client will not intervene in the relationship between Keys&Fly and the tenants, and will not modify the parameters of the advertisement without prior agreement with Keys&Fly ;
- That he has carried out the legal procedures necessary to allow the rental of his property, in particular (non-exhaustive list): declaration of the activity to the town hall and monthly declaration of tourist taxes.
2.4. Guarantees and obligations of Keys&Fly for the proper performance of the service
Keys&Fly commits to provide the services with all the professionalism required.
Keys&Fly will be responsible in particular for handing over and keeping the keys given by the client for the duration of the contract.
2.5. The parties execute this contract in accordance with the good faith requirement of article 1104 of the Civil Code.
One of the parties who is aware of information whose importance is decisive for the consent of the other party must inform it when, legitimately, the latter is unaware of this information or trusts its contracting party in accordance with article 1112-1. of the Civil Code, the terms of which are reproduced below:
“The party who knows information whose importance is decisive for the consent of the other party must inform him when, legitimately, the latter is unaware of this information or trusts his co-contracting party.
However, this duty of information does not relate to the estimation of the value of the service.
Of decisive importance is information that has a direct and necessary connection with the content of the contract or the quality of the parties.
It is incumbent on the person claiming that information was owed to him to prove that the other party owed it to him, and it is up to that other party to prove that he provided it.
The parties can neither limit nor exclude this duty.
In addition to the liability of the person who was bound by it, failure to comply with this duty to inform may result in the cancellation of the contract under the conditions provided for in articles 1130 and following”.
ARTICLE 3 – DURATION
3.1. This contract will enter into force on the date of signature by both parties.
It is concluded for an initial period of 1 year.
It will extend beyond its initial duration by successive periods of 1 year, unless terminated by one or other of the parties with at least 6 months’ notice.
It may also be denounced by one or other of the parties, by registered letter with acknowledgment of receipt, respecting a notice period of 6 months before the end of the term.
3.2. In the event of violation or non-performance by one of the parties of any of the clauses of this contract, the other party will have the option of resolving or terminating it as of right and without any legal action. be required, 15 days after the sending of a formal notice to execute served by registered letter with request for acknowledgment of receipt remained without effect, the injured party may also seek judicial compensation for all of its damage.
The date of receipt will be the date of first presentation of the mail.
ARTICLE 4 – COMMISSIONS
4.1. Keys&Fly will receive a flat-rate commission of 22% including tax on the net rental income (i.e. the rental income after margin deductions and other costs made by the rental platform) for all of its services, excluding cleaning and laundry services. Cleaning and laundry services will be invoiced separately by the rental platform directly to the tenants.
4.2. The commission referred to in article 4.1 above will be paid to Keys&Fly by the rental platform at the end of the rental period.
The rental income, excluding Keys&Fly commission, will be paid directly to the client at the end of the rental period by the rental platform.
ARTICLE 5 – FORCE MAJEURE
In the event of the occurrence of a case of force majeure, the performance of the obligations whose fulfillment has become impossible is suspended as long as this impossibility lasts.
Is considered as a case of force majeure, any event beyond the control of the debtor, reasonably unforeseeable at the time of the conclusion of the contract, the effects of which cannot be avoided by appropriate measures and which prevents the execution of its obligation by the debtor, in accordance with article 1218 of the Civil Code.
The following events will also be considered as cases of force majeure, without the party who is unable to perform its obligations having to establish that the event in question presents the characteristics defined in the preceding paragraph: involving the armed forces, natural or climatic disaster, pandemic, act of terrorism.
All events causing disruption of national and international transport.
The party prevented from performing its obligation must notify the other party without delay of the occurrence of such a case by email or by registered letter with acknowledgment of receipt, specifying its nature and foreseeable duration.
The same party must notify the other party without delay of the cessation of the impediment.
If the impediment is permanent, or if the duration of the event is greater than 30 days, this contract may be terminated at the initiative of either party by registered letter with acknowledgment of receipt.
Termination may not give rise to any compensation.
Anyone who could not perform due to the occurrence of such a case will not be held responsible.
No contractual penalty may be pronounced against him or his liability brought into play.
ARTICLE 6 – INTUITUS PERSONAE
The contract is concluded intuitus personae and can therefore under no circumstances be assigned, brought, transferred or transmitted to a third party, in any capacity whatsoever, directly or indirectly, totally or partially, for a fee or free of charge, without the agreement express, prior and written of the other party.
Failing this, the contract could be terminated in advance, by the party victim of the default, at the fault of the faulty party.
In the event of an authorized transfer, the assigning party shall remain the guarantor, vis-à-vis its co-contracting party, of compliance by the assignee with all the rights and obligations resulting from the contract, for the remaining term of the contract.
In addition, in the event of the client‘s death before the end of the contract, the latter will be transmitted to his heirs who may terminate this contract without notice, subject to their responsibility, however, to pay all the costs, rights and fees that would have been incurred prior to this event.
Finally, any change in the shareholding of the parties resulting in a change of control of one or other of the parties within the meaning of Article L. 233-3 of the Commercial Code must be reported without delay by the assigning party.
The non-transferring party will then have the right to unilaterally terminate the contract.
ARTICLE 7 – INTELLECTUAL PROPERTY RIGHTS
The Keys&Fly trademark, as well as all figurative or non-figurative trademarks and more generally all other trademarks, illustrations, images and logotypes appearing on the goods, their accessories and their packaging, whether registered or not, are and will remain the exclusive property of Keys&Fly.
Any total or partial reproduction, modification or use of these trademarks, illustrations, images and logos, for any reason and on any medium whatsoever, without the express prior consent of Keys&Fly, is strictly prohibited.
The same applies to any combination or conjunction with any other brand, symbol, logotype and more generally any distinctive sign intended to form a composite logo.
The same applies to all copyrights, designs, models and patents which are the property of Keys&Fly.
ARTICLE 8 – RESPONSIBILITY
The client is expressly informed that, in addition to the stipulations of article 5 of this contract, Keys&Fly cannot be held liable in the event of :
- Degradation of the rented property ;
- Cancellation by the tenants of the rental of the property ;
- Non-payment of the rental by the tenants ;
- Unavailability for maintenance of seasonal rental advertisement sites ;
- Failure of the internet service provider, non-functioning or poor access conditions to seasonal rental platformscaused by congestion on the internet network and any other reasons external to Keys&Fly and its service providers ;
- Thefts committed during the rental.
ARTICLE 9 – PERSONAL DATA
The personal information and personal data concerning the client are necessary for the provision of services provided by Keys&Fly, as well as the management of contractual relations.
They may be sent to Keys&Fly‘s business partners, in particular for the provision of services requested either by the clientor by the lessee of the rented property.
This information and data is also kept for security purposes, in order to comply with legal and regulatory obligations and to allow Keys&Fly to improve and personalize the services offered.
ARTICLE 10 – ENTIRETY
This contract contains the complete agreement of the parties and establishes all of their rights and obligations.
It cancels and replaces all previous written or verbal documents and commitments.
Each clause has an identical value, regardless of its position in the act.
If one of the clauses of this contract is declared null or inapplicable, the other clauses will continue to produce all their effects, as long as the general economy of the contract can be saved.
ARTICLE 11 – NEGOCIATION
The parties acknowledge that all of the stipulations of this contract have been freely negotiated and accepted by each of them.
ARTICLE 12 – MEDIATION
In accordance with the provisions of the Consumer Code concerning the amicable settlement of disputes, Keys&Fly adheres to the Mediator Service.
The client can use this mediation service for consumer disputes related to a purchase made through the service.
In accordance with Article 14 of Regulation (EU) No. 524/2013, the European Commission has set up an Online Dispute Resolution platform, facilitating the independent out-of-court settlement of online disputes between consumers and industry professionals. ‘European Union.
This platform is accessible at the following link : https://webgate.ec.europa.eu/odr/
ARTICLE 13 – APPLICABLE LAW AND ATTRIBUTION OF JURISDICTION
This contract is subject to French law.
The parties undertake to seek an amicable solution to any dispute that may arise from the interpretation or execution of the contract.
If they do not succeed, the parties will submit the dispute to the materially and territorially competent Court within the jurisdiction of the Judicial Court of NICE.
Made in XXXX
M. Guy PLATEL
For the company Keys&Fly
ANNEXE I : Voyage+ option
The Keys&Fly company offers as an option a self-financing service for the client‘s vacation through rental income named Voyage+. This rental income is generated by Keys&Fly while the client is away from home during the related vacation.
When the client books his trip, Keys&Fly pays an advance on the client’s rental income to the tour operator. This advance allows the tour operator to reduce or even cancel the amount to be paid by the client when booking his trip.
The trip must be selected from the catalog offered by one of Keys&Fly‘s tour operator partners accessible via the Keys&Fly website.
This advance is equal to the lower of the amounts between the amount to be paid for the reservation of the trip and the amount of the rental income estimated by Keys&Fly at the time of the reservation of the trip.
The tour operator then invoices the client for the remainder of the trip price (therefore the trip price minus the amount of the advance) according to the terms and conditions of the tour operator.
In the end, the client pays only the price of the trip minus the amount of his rental income.
Form to be completed online at the following site to request the Voyage+ option: