Article 1 — Purpose
These General Terms and Conditions of Sale define the rights and obligations of the parties in the context of the services offered by LJC LA JOYEUSE CONCIERGERIE to its property owner clients (hereinafter "the Client") for the management of furnished short-term rentals and furnished tourist accommodation in Nice and across the French Riviera.
Article 2 — Services offered
LJC LA JOYEUSE CONCIERGERIE offers, without this list being exhaustive, the following services:
- Creation, rework and optimisation of short-term rental listings on Airbnb
- Professional property photography
- Dynamic pricing management
- Exclusive listing on Airbnb with activation of the co-host system
- Guest communication before, during and after the stay
- Guest check-in and check-out
- Hotel-grade housekeeping between stays
- Provision and care of hotel linen
- Replenishment of consumables
- Coordination of maintenance and technical interventions
- Monthly reporting and tracking of rental performance
- Administrative support (town hall declaration, registration number, tourist tax)
The exact scope of services subscribed to by the Client is set out in the management mandate issued to them, which shall prevail in the event of any discrepancy with these GTCS.
Article 3 — Formation of the contract
The contractual relationship between LJC LA JOYEUSE CONCIERGERIE and the Client is formed by signing a management mandate specifying the services subscribed, the applicable fees, the term of the contract and any specific terms relating to the property. The contract is concluded for an initial term of one year, tacitly renewable, unless otherwise agreed.
The Client warrants that they have full legal capacity to entrust the management of their property, that they are the owner or hold the necessary authorisations (mandate, agreement of joint owners, spouse's consent, etc.), and that the property complies with the regulatory obligations applicable to furnished tourist rentals in Nice (town hall declaration, registration number, change-of-use authorisation if applicable).
Article 4 — Fees and remuneration
The remuneration of LJC LA JOYEUSE CONCIERGERIE mainly takes the form of a commission calculated as a percentage of the rental turnover generated by the property. This percentage is specified in the management mandate and is typically between 18% and 25% depending on the scope of the services subscribed to.
Ancillary services may be invoiced separately according to a price list communicated to the Client before performance (for example: photo shoot, one-off listing optimisation, specific supplies, significant maintenance work).
Housekeeping services between stays are generally charged back to guests via the cleaning fees set in the listing. When these fees do not fully cover the actual cost of cleaning, the difference may be invoiced to the Client in accordance with the terms set out in the contract.
All prices are quoted exclusive of tax. VAT, where applicable, is added to invoices issued to the Client.
Article 5 — Payment and remittance of rental income
Rental income collected from guests via the booking platforms is received by LJC LA JOYEUSE CONCIERGERIE on a dedicated account. The Client is paid monthly, together with a detailed report setting out the nights booked, gross revenue, commissions, deductions and net balance due.
Any late payment by the Client (in respect of ancillary services invoiced separately) entails, in accordance with article L.441-10 of the French Commercial Code, the application of late payment penalties at the increased statutory interest rate, plus a fixed recovery indemnity of €40.
Article 6 — Obligations of the company
LJC LA JOYEUSE CONCIERGERIE undertakes to:
- Perform the services with professionalism, diligence and in accordance with industry standards
- Use all reasonable means to optimise the rental income of the property
- Ensure full transparency through detailed monthly reporting
- Preserve the confidentiality of the information provided by the Client
- Maintain Professional Civil Liability insurance suited to its activity
- Comply with applicable regulations, notably those governing short-term rentals in Nice
The company is subject to an obligation of means, and not of result, with respect to the rental performance of the property. Income estimates communicated before signing the contract are provided as guidance only and do not constitute a contractual commitment.
Article 7 — Obligations of the Client
The Client undertakes to:
- Provide the property in a condition compliant with furnished tourist accommodation standards
- Hold the required administrative authorisations (town hall declaration, registration number, change-of-use authorisation if applicable)
- Check that the co-ownership regulations allow furnished tourist rentals
- Hold home insurance and non-occupying owner cover suited to short-term rentals
- Keep LJC LA JOYEUSE CONCIERGERIE informed of any event likely to affect the operation of the property (works, sale, damage, etc.)
- Settle the charges and taxes owed by the Client (property tax, co-ownership charges, CFE, LMNP taxation)
Article 8 — Term and termination
The management mandate is concluded for an initial term of one year, tacitly renewable, unless otherwise specified in the individual contract signed with the Client.
Either party may terminate the contract at any time, with 60 days' notice given by registered letter with acknowledgement of receipt or by any other written means with a confirmed date, without penalty or termination indemnity, subject to settlement of services in progress and bookings already confirmed at the date of notification.
In the event of a serious breach by either party of its obligations, the other party may terminate the contract by right, after a formal notice that has remained unanswered for a period of 15 days, without prejudice to any action for compensation of the damage suffered.
Article 9 — Liability
LJC LA JOYEUSE CONCIERGERIE cannot be held liable for damage resulting from force majeure, the actions of a third party (in particular guests), the actions of the Client, or a defect existing prior to the company taking over the property.
In the event of damage caused to the property by a guest, LJC LA JOYEUSE CONCIERGERIE activates the available protection mechanisms: AirCover by Airbnb, any deposit collected, the guest's insurance, and where applicable the Client's insurance. The Client remains responsible for holding insurance suited to the nature of their rental activity.
The total liability of LJC LA JOYEUSE CONCIERGERIE under the contract is limited, save in the event of gross or wilful misconduct, to the amount of commissions received during the twelve months preceding the event giving rise to the damage.
Article 10 — Personal data protection
In the performance of the services, LJC LA JOYEUSE CONCIERGERIE processes personal data concerning the Client and the guests. This processing complies with the GDPR and the French Data Protection Act. Full details are set out in our privacy policy.
Article 11 — Consumer mediation
In accordance with articles L.611-1 et seq. of the French Consumer Code, consumer Clients (within the meaning of the preliminary article of the Consumer Code) may, in the event of a dispute that has not been resolved amicably, refer the matter free of charge to a consumer mediator. The mediator designated by LJC LA JOYEUSE CONCIERGERIE is:
- CM2C — Centre de la Médiation de la Consommation de Conciliateurs de Justice
- Address: 14 rue Saint-Jean, 75017 Paris
- Website: https://www.cm2c.net
(Mediator subscription pending — details to be confirmed once finalised.)
The European Commission also provides an online dispute resolution platform, accessible at: ec.europa.eu/consumers/odr.
Article 12 — Applicable law and jurisdiction
These GTCS are governed by French law. In the event of a dispute, and failing an amicable resolution or mediation, the French courts shall have exclusive jurisdiction, subject to the mandatory rules of territorial jurisdiction applicable to consumers. For disputes between two professionals, the competent court shall be that of the registered office of LJC LA JOYEUSE CONCIERGERIE, namely the Commercial Court of Nice.
Article 13 — Changes to the GTCS
LJC LA JOYEUSE CONCIERGERIE reserves the right to amend these GTCS at any time. The applicable GTCS are those in force on the date the management mandate is signed. Any material change to the GTCS applicable to a contract in progress will be notified to the Client by email, and the Client will have 30 days to express any refusal.
Article 14 — Contact
For any question regarding the performance of the contract or the interpretation of these GTCS:
- By email: joyeuseconciergerie@gmail.com
- By telephone: 06 23 81 16 80
- By post: LJC LA JOYEUSE CONCIERGERIE, 8 avenue Auber, 06000 Nice, France