GENERAL RENTAL TERMS

GENERAL TERMS AND CONDITIONS OF RENTAL

Definitions

For the purposes of these General Terms and Conditions:

“Owner” shall mean SCI Mons Mirabilis, 82 rue Notre-Dame des Champs, 75006 Paris France.

“Tenant” shall mean any party contracting with the “Owner”, either acting on its own name or through a representative.

“Contract” shall mean both the rental contract and the Terms and Conditions of Rental.

“Services” shall mean any amenity made available to the Tenant as specified in the rental contract in view of weddings, enlivenment, shows, receptions, seminars, etc. this enumeration not being limited.

1. Formation of the Contract

The Contract shall become binding only upon receipt by the Owner of the complete documentation, namely:

• the Contract duly signed;
• payment of a 50% deposit by bank transfer;
• these General Terms and Conditions duly executed and marked “Read and approved”;
• a security deposit cheque in the amount of €3,000, payable to the Owner.

The Owner reserves the right to cancel the booking without notice or compensation should any of the above items not be received. A security deposit in the amount of €2,000, provided in the form of a cheque at the start of the rental period, is required from the Tenant as a guarantee.

This security deposit cheque will not be cashed except in the event of damage, breach of contract, penalties, restoration or repair costs, loss or failure to return keys, overtime charges, or any other amount remaining due to the Owner under the Contract.

The security deposit is retained by the Owner for the duration of the rental and until the completion of the check-out inspection.

In the absence of any reservations or amounts due, the security deposit cheque will be returned to the Tenant within a maximum period of seven (7) days following the end of the rental.

In the event of damage or costs chargeable to the Tenant, the Owner reserves the right to cash all or part of the security deposit, without prejudice to the right to claim any additional amount if the cost of the damage exceeds the amount of the deposit..

The rental of the Château de Montmirail is granted exclusively for the organization of a strictly private event. Any event open to the public, subject to an admission fee, ticketing, or of a commercial nature is strictly prohibited unless prior written agreement has been obtained from the Owner.

2. Deposit and Payment

Any reservation is subject to the receipt of the deposit. The balance shall be paid by bank transfer no later than two months prior to the effective date of the Contract.
Any additional services shall be subject to supplementary invoicing.

3. Cancellation

Any cancellation by the Tenant must be made by registered letter with acknowledgment of receipt, the postmark serving as proof, or by electronic registered letter, in order to be taken into account.

• Weddings:
• cancellation more than 6 months before the booking date: the remaining balance is not due;
• cancellation less than 6 months before the booking date, for any reason other than a force majeure event : 50% of the remaining balance is due;
• cancellation less than 1 month before the booking date: no refund will be made.
  
  
• Other rentals (seminars, birthdays, etc.):
• cancellation more than 1 month before the booking date: the remaining balance is not due;
• cancellation less than 1 month before the booking date, for any reason other than a force majeure event: 50% of the remaining balance is due;
• cancellation less than 15 days before the booking date: no refund will be made.

Regardless of the date or reason for cancellation, any deposits paid shall not be refunded.

In the event of cancellation by the Owner and in the absence of any breach of its obligation under the Contrat by the Tenant,notified by registered letter with acknowledgment of receipt, either a postponement of the rental will be offered under the terms and rates agreed in the quotation, or all sums paid will be refunded to the Tenant.

4. Owner’s Liability and Insurance

The Owner’s services are limited to providing facilities and means, and do not constitute an obligation of results (obligation de résultat). The Owner cannot guarantee the performance of services. In particular, the Owner cannot guarantee Internet-related services, which are provided by third-party service providers. Nevertheless, the Owner shall use all reasonable efforts to provide the best possible service at all times.

The Owner does not guarantee the absence of interruptions or variations in network services (electricity, water, Internet) attributable to external causes or to the use of the Tenant’s service providers.

The Owner declares that it is covered by a comprehensive insurance policy (multi-risk insurance) covering its property and liabilities for the services provided under this Contract.

5. Tenant’s Liability and Insurance

The Tenant remains liable for any damage that they, their employees, guests, their own service providers and/or suppliers and their staff may cause:

• to any third parties, including guests, service providers, suppliers, and other participants;
• to the environment, including air or soil pollution;
• to the Owner’s property and that of the Owner’s employees;
• to third-party facilities located within the Château grounds and subject to an easement for the distribution of drinking water.

The Tenant also remains liable for any damage and/or loss suffered by their guests, their staff, the staff of their service providers and/or suppliers, as well as their own property and that of their guests, service providers and/or suppliers and their staff, regardless of the cause, except in the event of proven gross negligence (faute lourde) on the part of the Owner.

The Tenant expressly waives any right of recourse against the Owner in respect of any damage and/or loss giving rise to liability as described above; in the event of any claim brought against the Owner by the Tenant, their guests, service providers and/or suppliers, the Owner shall be entitled to seek full indemnification from the Tenant.

At the time of signing the Contract, the Tenant shall provide a certificate of civil liability insurance from their insurer, to whom the Tenant shall have previously declared the waiver of recourse obligations incumbent upon them. This certificate must specify the insured amounts by category of guarantee, indicating the amounts applicable per claim and per insurance year.

In the event of a manifest insufficiency of coverage, restrictions and/or limits of the Tenant’s insurance guarantees, the Owner reserves the right, after notifying the Tenant, to take out additional insurance on behalf of the Tenant. The cost of such insurance shall be charged to the Tenant and shall be payable at the time of booking.

Given the extent of the potential damage that may be caused to the premises—bearing in mind that the property is “listed and partially classified as a historic monument”—the Tenant is required to take out a short-term insurance policy covering the duration of the Contract. At the Tenant’s request, the Owner may, without incurring any liability, provide a list of reputable insurance brokers specialized in this type of coverage.

Finally, it is recalled that the insurance policies referred to above do not relieve the Tenant of their responsibilities as set out herein, in particular with regard to any deductibles under the insurance policies they have taken out, for which they remain financially liable.

The Tenant agrees to indemnify and hold the Owner harmless against any claim, legal action, demand for damages, liability action, costs and expenses arising from a wrongful act resulting from a breach by the Tenant, their service providers or guests of any clause of the Contract, whether intentional or unintentional, any omission by the Tenant, or any damage caused to a third party by the Tenant or any of their service providers.

6. Accuracy of Information Provided

The Tenant represents and warrants that all personal information provided to the Owner at the time of entering into the Contract is accurate, truthful, complete, and up to date, in particular their last name, first name(s), postal address, and contact details. Any false declaration, omission, or inaccurate information, whether intentional or not, may result in the nullity or immediate termination of the Contract, without any refund of sums paid, and without prejudice to any damages the Owner may be entitled to claim.

Any notice sent by the Owner to the contact details provided by the Tenant shall be deemed validly served. It is the Tenant’s responsibility to inform the Owner without delay of any change to their contact details.

The personal data collected are necessary for the performance of the Contract and are retained for the applicable statutory retention period.

7. Inventory / Condition Report

A preliminary inspection of the premises shall be carried out by the Tenant and a representative of the Owner in order to confirm the good condition of the premises, electrical installations, furniture, sanitary and fire safety installations, decoration, and, where applicable, any equipment made available.

During this inspection, it is the Tenant’s responsibility to report to the Owner or their representative any anomaly, damage, deterioration, or similar issue observed; failing such notification, the premises shall be deemed to have been received in good condition.

A check-out inspection shall be carried out prior to the end of the Contract.

8. Safety Instructions and Respect for the Premises

The Tenant undertakes to comply with, and to ensure that their guests comply with, the safety instructions in force throughout the estate. Emergency exits must remain completely unobstructed, and fire extinguishers must remain visible and accessible at all times.

All access roads to the site and buildings must remain clear in order to allow for emergency services access if necessary.

The Tenant undertakes to ensure order, cleanliness, and proper care of the premises and of any equipment made available.

The Tenant shall ensure respect for the green areas. In particular, no vehicles may be driven on lawns (outside designated parking areas), and picking plants or flowers in the gardens should be avoided.

The Tenant shall refrain from admitting any person whose behavior is likely to be detrimental to the proper conduct of the event or the condition of the premises. The Owner reserves the right to exclude or prohibit any such person, without incurring any liability toward the Tenant.

All buildings are NON-SMOKING. Smoking is permitted outdoors in the gardens or on terraces, with due respect for other guests or clients. Cigarette butts must be disposed of in the receptacles provided and not on the ground.

The Tenant undertakes to place the supervision of children under the age of 12 under the responsibility of suitable adults. Contact details for babysitters may be provided by the Owner, who accepts no liability in this regard.

Pets are not permitted, unless prior written consent has been obtained from the Owner.

The use of confetti, seeds, party favors, streamers, and all smoke-producing devices is strictly prohibited.

It is strictly forbidden to move any of the Château’s furniture or decorative elements.

The Owner, or any person appointed by the Owner, reserves the right to access the rented areas at any time during the event in order to verify compliance with the provisions of the Contract and these General Terms and Conditions of Rental.

In the event of any breach, dangerous behavior, failure to comply with safety instructions, damage to the good standing of the Château, its image, or the integrity of its premises, or any situation likely to engage the Owner’s liability, the Owner reserves the right to take any necessary measures, including but not limited to limiting or interrupting the event, excluding any person, or partially or fully closing the premises, without any entitlement to compensation or refund for the Tenant.

The Owner also reserves the right to take any measures necessary to ensure the safety of persons and the preservation of the site, should circumstances so require.

9. Parking

For safety reasons, and except for limited parking related to deliveries, vehicles must be parked in the designated parking areas or in areas specifically indicated by the Château staff.

Vehicles must be cleared of any valuable objects or clothing left in plain view on the seats, and their locking systems must be activated.

The Owner accepts no liability for theft of or damage to vehicles or their contents.

10. Use of the Premises

The spaces made available and the rental hours are those specified in the Contract.

Any areas not expressly mentioned in the Contract are strictly prohibited from access by the Tenant, their guests, family members, and service providers.

The Tenant formally undertakes to comply with the agreed time slots. At the end of the rental period plus fifteen (15) minutes, no person other than the Owner or persons appointed by the Owner may remain within the estate, except in the case of a rental lasting at least two (2) days.

Any overrun of the time limits set out in the Contract shall result in the application of a fixed penalty of €100 (incl. VAT) per commenced half-hour, which may be deducted from the security deposit.

The Tenant is required to comply with the maximum occupancy capacity of the rented areas:

The above capacities constitute absolute maximum limits and may under no circumstances be combined. The total number of persons present on the site may not exceed the maximum capacity set for the space in which the main activity is taking place at the relevant time.

The use of the dungeons is strictly prohibited.

The Tenant undertakes to return, within the agreed time limits, all keys provided, without making any duplicates.

In the event of loss, non-return, or partial return of one or more keys, a fixed penalty of €50 (incl. VAT) per missing key shall automatically apply, without prior notice, to cover management, security, and intervention costs.

Should it be necessary to replace a cylinder, lock, or any locking device, the actual costs incurred may be invoiced in addition or deducted from the security deposit, upon presentation of supporting documentation.

11. Deliveries and Service Providers

Any delivery must be notified to the Owner in advance and carried out by prior appointment. Deliveries may only take place a few days before the implementation of the Contract, in view of any other events taking place at the Château.

Delivered items must be stored in designated areas and not in the reception spaces specified in the Contract.

The Owner must be informed of all service providers engaged at the direct request of the Tenant, in particular the identity of the caterer, entertainers, and technical service providers. As the caterer and service providers are selected by the Tenant, the Owner accepts no liability in the event of disputes between the parties. The Owner reserves the right to refuse authorization of a selected service provider.

It is strictly prohibited for the caterer and their staff to use the Château’s main kitchen without the Owner’s prior authorization. No cooking equipment is permitted inside the Château or its outbuildings, except within the designated catering area. If food preparation stations are set up on the ground floor, the caterer must ensure that the wooden flooring is properly and effectively protected prior to the event.

The catering room and any other areas used by the caterer must be cleaned by the caterer and their staff at the end of their service.

12. Entertainment / DJ

The Tenant (or their service provider) shall be solely responsible for obtaining any required authorizations and/or making any declarations to SACEM, as well as for the payment of all related copyright and performers’ rights fees. The Tenant indemnifies and holds the Owner harmless against any claim arising in this respect.

13. Fireworks

Fireworks are permitted subject to obtaining the required prefectural and/or municipal authorizations (Decree No. 2010-500 of 31 May 2010), provided that they are notified to the Owner at least two (2) weeks in advance and are carried out by a specialized company holding the necessary insurance and authorizations for its activity.

No fireworks may be launched after 11:30 p.m.

14. Noise Disturbance

After midnight, noise levels must not disturb neighboring residences. Windows facing the village must not be left open after midnight. The Owner reserves the right to limit the sound level in the event of excessive noise.

15. Force Majeure, Weather Conditions, External Constraints

The Owner shall not be held liable for any delay, hindrance, modification, or limitation of the services resulting from an event of force majeure within the meaning of Article 1218 of the French Civil Code, or from any event beyond the Owner’s control.

Such events include, without limitation, adverse or dangerous weather conditions (rain, wind, storms, heatwaves, frost), administrative decisions or restrictions, power or network outages, access difficulties to the site, as well as any situation likely to compromise the safety of persons or the preservation of the site.

In the event of such circumstances, the Owner reserves the right to adapt the organization of the event, restrict access to certain areas—particularly outdoor spaces—or offer an alternative arrangement in other available areas, without giving rise to any right to compensation, price reduction, or refund.

The inability to use part of the premises, including outdoor areas, shall not be deemed a breach of contract insofar as an event can still take place on the site.

No refund may be claimed in the event that outdoor spaces cannot be used due to weather conditions or safety reasons

16. Alcohol, Other Substances and Protection of Minors
    
    The Tenant remains solely responsible for the distribution, consumption, and service of alcoholic beverages or any other substances as part of the event. The Tenant undertakes to strictly comply with all applicable regulations, in particular the prohibition on the sale or supply of alcohol to minors, as well as regulations relating to public intoxication.

The Tenant agrees to take all appropriate measures to prevent dangerous or inappropriate behavior related to the consumption of alcohol or other substances, and to refuse access to or continued consumption by any person who is visibly intoxicated or clearly impaired.

The Owner accepts no liability in the event of any incident, accident, or damage caused by excessive or inappropriate consumption of alcohol or other substances. Any breach of this undertaking may result in the immediate interruption of the event, without refund, and without prejudice to any liability action.

17. Decoration

Any project relating to decoration, layout, or technical installation of the spaces must be submitted to the Owner for prior approval. Such approval shall in all cases exclude any drilling of walls, floors, or ceilings, as well as any application, gluing, or display involving the use of adhesive products on walls, floors, or ceilings, and any stapling or fastening to furniture, doors, or beams.

At the end of the services, the Tenant undertakes to remove, within the time limits set out in paragraph (10), all installations so that the premises are returned in their original condition. It is strictly prohibited to move any of the Château’s furniture or decorative elements.

18. Photographs, Videos, and Image of the Venue

The Tenant is authorized to take photographs and videos for strictly private purposes within the scope of the event declared in the Contract.

Any use of images of the Château de Montmirail (photographs, videos, recordings, editing, or broadcasting) for professional, commercial, promotional, media, or communication purposes—including on social media, streaming platforms, or websites—without the prior written consent of the Owner is strictly prohibited.

The Tenant undertakes not to harm, directly or indirectly, the image, reputation, notoriety, or heritage value of the Château de Montmirail.

In particular, and without limitation, any use, dissemination, or staging of the premises likely to:

• distort their historical, cultural, or heritage character;
• associate the Château with an activity, message, or practice contrary to its image, public order, or good standards of conduct;
• generate disturbance, discredit, or damage to the standing of the site with the public, neighbors, partners, or institutions,
  shall constitute an infringement of the image of the venue.
  
  
  

Any such infringement, even in the absence of material damage, may give rise to the Tenant’s liability and result in compensation for the non-material harm suffered by the Owner, without prejudice to any other action or measure provided for under the Contract, including its immediate termination.

The Owner reserves the right to require the immediate removal of any unauthorized content and to take any action necessary to obtain compensation for the damage suffered.

The Owner must be informed in advance of the use of drones or any other remotely piloted aerial devices. When authorized, their use is strictly limited to the esplanade of the Château de Montmirail as defined by the Owner, to the exclusion of any other area of the estate, and may under no circumstances be carried out toward neighboring residences, third-party properties, or the public highway.

The Tenant undertakes to comply with all regulations applicable to the use of civil drones and remains solely responsible for any required authorizations, the qualifications of the drone operator, and any damage, disturbance, or invasion of privacy caused by the use of a drone.

Any unauthorized or non-compliant use may result in the immediate interruption of the relevant activity, or even of the rental itself, without refund and without prejudice to any liability action.

19. Prohibition of Filming and Use for Professional or Promotional Purposes

The rental of the Château de Montmirail is strictly granted for the use declared in the Contract.

Under no circumstances may it serve, directly or indirectly, as a pretext or medium for filming, video recording, photographic sessions, audio recordings, reports, investigations, staged productions, or any other activity whose purpose or effect is the promotion, communication, or enhancement of a professional, commercial, associative, or media-related activity, regardless of the means used or the distribution platforms.

In particular, and without limitation, this includes audiovisual production activities, content creation, influencer activities, so-called “paranormal” investigations, documentary production, or commercial communication.

Any such use is strictly prohibited unless prior written consent has been obtained from the Owner and may result in the immediate termination of the Contract, without refund, as well as any appropriate liability action.

20. Accommodation

Our establishment offers on-site accommodation.

For safety reasons, it is strictly prohibited to install mattresses, duvets, or any other sleeping equipment within the premises. In the event of non-compliance with this requirement, the Owner reserves the right to immediately terminate the rental and accepts no liability in the event of any accident or dispute.

21. Maintenance and Restoration of the Premises

The Tenant is responsible for the maintenance of the rented premises and for restoring them after each rental. The premises must be returned in a clean condition, including cleaning and the removal of waste, packaging, bottles, and any other items belonging to the Tenant and/or their service providers.

Waste may be left on the rental site provided that the applicable waste-sorting instructions are complied with, for a flat fee of €150.

As the Owner does not impose any service providers, it is the Tenant’s responsibility to coordinate with the service providers they engage to ensure the proper completion of the tasks listed above.

In particular, the Tenant must ensure with their caterer that the areas made available have been cleaned and returned to their original clean condition prior to the caterer’s departure. Failing this, a fixed charge of up to €300.00 incl. VAT may be deducted from the Tenant’s security deposit.

The Owner may also provide contact details for specialized service providers, whose engagement shall remain the sole responsibility of the Tenant, or offer a flat-rate cleaning service carried out by the Château de Montmirail teams for an additional fee of €300.

22. Compliance with Instructions by Service Providers

The Tenant guarantees that their service providers shall comply with the instructions and obligations set out in the above sections.

23. Disputes and Applicable Law

In the event of a dispute concerning part of an invoice, the Tenant undertakes to pay without delay the undisputed portion and to inform the Owner of the grounds for the dispute, which must be genuine and substantiated.

Any invoice that has not been disputed in accordance with the procedure described above within a period of fifteen (15) days from the date it is sent shall be deemed accepted.

Any amount unpaid by the Tenant on the invoice due date, excluding those amounts disputed under the conditions set out above, shall accrue interest at a rate of 5% per month of delay, in accordance with Article L.441-6 of the French Commercial Code.

These terms and conditions are governed by French law. Any dispute between the parties relating to the interpretation or performance of this Contract shall be subject to the exclusive jurisdiction of the Courts of Paris.