Terms and conditions of rental
“Owner” shall mean Mons Mirabilis SAS, 82 rue Notre-Dame des Champs, 75006 Paris France.
“Tenant” shall mean any party contracting with the “Owner” or with the latter’s 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, accommodation facilities, etc. this enumeration not being limited.
- 1. The contract shall become binding only on receipt by the Owner of the contractual documents as mentioned hereafter to be sent by the Tenant :
- The rental contract duly signed between the Owner and the Tenant
- A deposit of 30 % (cashed upon receipt)
- The Terms and Conditions of Rental signed and preceded by the words “Lu et approuvé” (“Read and approved”)
- A deposit check of EUR 2,000.00 payable to the Owner.
Should the contractual documents duly signed by the Tenant not being received and/or the deposit checks not being attached as specified above, the Owner shall be entitled to cancel the reservation at any time, without prior notice nor any compensation.
- 2. Deposit and payment
Any reservation of services (other than the guest rooms) shall be binding and irrevocable upon paying a deposit amount equal to 30% of the overall price, without any other formality being required. The remaining amount shall be paid by check, at the latest one month prior to the effective date of contract, or in the case of a payment by bank transfer, cash or Bank check, 7 days prior to the effective date of contract. Any request for services made thereafter shall be invoiced separately. Any transfer or other recovery costs shall be payable by the Tenant, and the Tenant undertakes to cover such costs.
- 3. Cancellation by the Tenant
Any cancellation by the tenant shall only be made valid by sending a registered letter with acknowledged receipt, the official date of cancellation being that of the postmark.
- In the event of a cancellation more than 6 months prior to the date of reservation, the remaining amount shall not be charged.
- In the event of a cancellation less than 6 months prior to the date of reservation, 50% of the remaining amount shall be charged.
- In the event of a cancellation less than one month prior to the date of reservation, the full remaining amount shall be payable.
- Other services/seminars, etc.:
- In the event of a cancellation more than a month prior to the date of reservation, the remaining amount shall not be charged.
- In the event of a cancellation less than a month prior to the date of reservation, 50% of the remaining amount shall be charged.
- In the event of a cancellation less than 15 days prior to the date of reservation, the full remaining amount shall be payable.
In any event, deposits shall not be refunded, irrespective of the dates concerned or the grounds for cancellation.
- 4. Liability of the Owner and insurance
The services provided by the Owner shall be limited to due care commitment and shall in no event be construed as a performance guarantee. In particular, the Owner shall not guarantee services linked to Internet, which are operated by external service providers. Nonetheless, the Owner shall provide its best efforts to offer the most adapted service possible in all circumstances.
The Owner hereby declares having taken out a comprehensive household insurance policy covering his property and liabilities for the services of the subject contract matter.
5. Liability of the Tenant and insurance
The Tenant shall be responsible for any damage that himself, his employees, guests, own service providers and/or suppliers are likely to cause :
- To any third party including his guests, service providers, suppliers and other independent contractors
- To the environment arising out of any pollution of the air and/or ground
- To the Owner’s property and/or that of the caretaker
- To third party property located in the Castle enclosure limits and subject to a drinkable water public service supply
The Tenant shall also remain responsible for any loss or damage or prejudice incurred by his guests, his employees, his service providers, and/or suppliers as well as any loss or damage to the Tenant’s property, that of his guests, service providers and/or suppliers, their employees and that irrespective of the cause of the loss or damage except due to a fault or negligence duly proven of the Owner.
The Tenant hereby shall waive any rights of recourse against the Owner following any loss or damage arising out of his liability as mentioned above and shall hold harmless and indemnify the Owner in case of any recourse or legal action against the Owner.
On signing the contract, the Tenant shall provide the Owner with an insurance certificate from his liability insurer to whom he shall have formerly declared the waiver of recourse and HH and indemnity agreement as mentioned above. The certificate shall quote by type of liability the limits insured and deductibles specifying whether the limits are any one event or in the annual aggregate.
In case of any evidence of a restricted cover and/or limits of the insurance policy of the Tenant, the Owner, after prior notice to the Tenant, shall have the right to take out a contingency insurance cover on behalf of the Tenant. The premium of such insurance shall be charged to the Tenant who shall settle it on first request by the Owner.
Due to the extent of any damage likely to be caused to the Owner’s property being reminded that the real estate is a listed historical monument, it is strongly suggested to the Tenant to take out a “One off” insurance for the duration of the contract. Should the Tenant ask the Owner, the latter, without any liability whatsoever, will provide the Tenant with a list of reliable insurers specialised in this type of cover.
The insurance obligations as mentioned above shall in no way release the Tenant of his liabilities as specified herein inter alia in respect of the payment of deductibles.
The Tenant shall hold harmless and indemnify the Owner against any claim, legal proceedings, request for indemnification, legal and other costs, fees and expenses based on any fault arising out of any breach of the contract provisions by the Tenant, his guests, service providers and/or suppliers, of any fault or omission from the Tenant or in respect of any loss or damage to a third party caused by the Tenant, his employees and/or his service providers and/or suppliers.
- 6. Incoming review of the property condition
- Together with a representative of the Owner and in view of ensuring the good state of the property, the Tenant shall review the property and areas rented and this prior to having the use of it. This includes the premises, fixtures and fittings, the electrical fixtures, the furniture, the firefighting equipment and when applicable the equipment contractually let for use.
- On its own initiative the Tenant shall mention to the Owner or his representative any anomaly, loss, disruption etc. that he may have identified during this review process.
- 7. Safety instructions and respect for the site
The Tenant shall comply with all applicable safety instructions and ensure they are complied with by his guests in the entire site. In particular, emergency exits shall be kept unobstructed and fire extinguishers shall remain visible and accessible.
The Tenant undertakes to ensure that the order and cleanliness of the premises are respected and the same shall apply regarding the appropriate maintenance of the equipment provided.
The Tenant shall ensure that green spaces are respected. In particular, he shall ensure that no vehicle drives onto the lawns and that plants and flowers are not to be picked in the gardens. The Tenant shall not invite any person whose behaviour is likely to affect prejudicially the proper tidiness of the premises.
The Owner shall be entitled to exclude or ban any person causing such nuisance without any liability attaching thereof.
All of the buildings are non-smoking. Guests can smoke outside in the gardens or on the terrace, with respect for other guests and clients, and shall take care not to throw their cigarette butts on the ground.
The Tenant shall entrust children under the age of 12 to responsible adults. Contact details of babysitters may be provided by the Owner, it being further specified that this shall in no event imply the Owner’s liability.
Animals are not authorised on the premises.
- Use of confetti and paper streamers is strictly prohibited in the drawing rooms
- 8. Parking instructions
For safety reasons and except for short-term parking for delivery purposes, vehicles shall be parked in the car parks areas provided for that purpose or in such areas specifically indicated by the Castle staff.
Objects or items or clothing of value shall not be left in clear view on the seats and vehicles shall be kept locked.
The Owner accepts no responsibility in the event of theft or loss affecting the interior or exterior of the vehicle.
- 9. Provision regarding site and time slots
A provision in the rental Contract refers to site areas and time slots subject to the rental. The Tenant formally undertakes to comply with it. At the expiry of the time slot + 15 minutes, no one other than the Owner or any authorized person shall remain on the site. Any extra time shall be charged EUR 250 inclusive of VAT for any extra hour or part thereof. Subject to the Owner’s prior written approval and availability, the premises may exceptionally be let one day ahead of the contractual time as of 10 am for decoration and fitting purposes.
The Tenant has an obligation to respect the maximum capacity indicated for each room.
It is strictly forbidden to use the dungeons.
The Tenant undertakes within the agreed timeframe to return the keys that have been entrusted to him and undertakes not to duplicate them.
- 10. Deliveries and service providers
Any deliveries are subject to prior notice to the Owner.
The Owner shall be further informed of the identity of any service provider and/or supplier, caterer, entertainers appointed by the Tenant. The Owner accepts no responsability in respect of any dispute which may incur among any of the caterers, service providers and any other party appointed by the Tenant.
The upkeep of the sites and premises made available to the caterers as well as their return in good condition of tidiness shall be ensured by the Tenant, failing which a lump sum equal to EUR 300 shall be charged on the Tenant’s deposit payment.
- 11. Entertainers
The Tenant (or his service provider) shall be exclusively in charge of requesting any authorisation and/or filing any statement with the SACEM as well as any payment connected to copyrights of authors and performers. The Tenant shall hold harmless and indemnify the Owner against any claim arising thereof.
- 12. Fireworks
Fireworks are authorised subject to (i) a prefectoral and municipal authorisation being granted (French decree No. 2010-500 of 31st May 2010), (ii) prior notice being given to the Owner two weeks in advance and (iii) such fireworks being operated exclusively by a specialised firm having the requisite insurances and authorisations to carry out such activity. No fireworks shall be set off after 11:45 pm.
- 13. Noise nuisance
After midnight, the noise level shall not be such as to disturb neighbouring dwellings. The Owner reserves the right to limit noise nuisance in the event of any noise interference.
- 14. Decoration
Any project regarding the decoration, layout and technical facilities of the site shall be subject to the prior Owner’s authorisation, it being specified that such approval shall in any event be exclusive of causing openings or holes in the walls, floors or ceilings, of sticking or billposting that may involve the use of an adhesive agent on walls, floors or ceilings, or any stapling carried out on furniture, doors or beams. Furthermore the Tenant undertakes to remove all installations within the timeframe agreed under paragraph (9) in view of returning the premises in their original state.
- 15. Photographs
The Owner is allowed to take photographs, such authorisation being however subject to compliance with guests’ image rights. Any refusal must be notified in writing at the bottom of this page, bearing the mention “Denial of use of photographs”.
- 16. Accommodation
We provide on-site accommodation and can also offer accommodation nearby. For safety reasons, it is strictly forbidden to put mattresses, sleeping bags or any other bedding equipment on the premises. In the event this provision being not complied with, the Owner reserves the right to put an immediate end to the reception and accepts no responsibility in the event of any accident or dispute.
- 17. Maintenance and return of the premises to original state
The caterer appointed by the Tenant is responsible for the upkeep of the rented premises and for ensuring that they are returned in a satisfactory state of tidiness, any trash, packaging and or products of any sort being removed.
The Owner can also recommend specialised service providers, it being further specified that any costs relating to such services shall be exclusively on the Tenant.
18. Compliance of instructions by the service providers
The Tenant shall insure that his service providers, suppliers and/or contractors comply with any of the instructions or obligations as per provisions herein.
In the event of a dispute regarding the invoice, the Tenant shall promptly pay the undisputed portion thereof and shall specify to the Owner the grounds on which he is challenging the invoice, it being further specified that such grounds shall have to be genuine and of a serious nature. Any invoice subject to a dispute that has not been notified according to the abovementioned procedure within 15 days as of its date of dispatch shall be deemed accepted by the Tenant.
Any amounts that have not been settled by the Tenant on the due date of the invoice, excluding those that are challenged under the conditions provided for herein, shall bear interest at the rate of 5% for each month by which it is overdue, in accordance with Article L.441-6 of the French Commercial Code.
The provisions contained herein are governed by French law. Any dispute arising between the parties in respect of the interpretation and performance of this Contract shall be submitted to the exclusive jurisdiction of the Paris Courts.