arrhes - refundable or not

[Yvonne]

Can anyone advise please?

We rent our apartment on a weekly basis and request 'arrhes' of 100€ (approx 25%) to confirm the reservation.

If somebody cancels are we obliged to refund the 'arrhes' or are these deemed to be non refundable?

The contract we use states on the reverse:

" ANNULATION DU CONTRAT: en cas échéant

Dispositions particulières: annulation plus de 30 jours avant le début du sejour 10% du prix du sejour devront être versés...."

I am a bit confused as to whether the client must pay  just 10% of the price (ie; I refund a certain %of the arrhes already paid) or wether they lose their arrhes of  25% ??

Any advise would be very gratefully received.

Thanks,  Abi

[Clair]

With arrhes, should the client be unable to honour the rental contract, he loses the deposit and nothing else.

(Should the owner be unable to provide the holiday accommodation, he must pay the client double the amount of the arrhes)

An acompte is a firm contract engaging both parties. Should the client be unable to honour the rental contract, he must pay the balance regardless.

(Should the owner be unable to provide the holiday accommodation he would be liable to pay compensation to the client)

If the contract does not stipulate the type of deposit, it is considered to be arrhes.

[Owens88]

I cannot confirm or deny the interpretation of arrhes, but I think the one that has already been given sounds good.

Your contract seems to be out of sync though.

John

 

Edit

i.e. What is the point of the 10% thing ?

[Clair]

http://www.minefi.gouv.fr/paca/minefi_relais_sociaux/droit_de_la_consommation/fiche35.html

[Yvonne]

Thanks for the comments / advise.

I, too, do not entirely understand the contract. Am I entitled to keep the 25% arrhes or can I only request 10% of rental value, ie: I have to refund them the 15% difference??

The contract is one provided by the local tourism authority who 'grade' the apartment.

Thanks,

Abi

 

[Clair]

A deposit described as "arrhes" is not refundable.

From the part-sentence quoted in your first post, it would appear that when the booking is cancelled 30 days or more before the start of the stay, 10% of the cost of the booking must be paid (by whom? to whom?), but without reading the full paragraph, I am unable to comment further.

[Yvonne]

Hi,

thanks for the clarification.

The deposit is clearly marked 'arrhes' so I will take it as not refundable.

For future reference / understanding I will visit the tourist authority who issue the contract and ask for clarification as it does seem that one requirement / demand contradicts the other, doesnt it? The client has asked that I refund their deposit of transfer it to another date. I am presuming that arrhes are also non transferable (unless I choose to agree to this?)?

Thanks,

Abi

[Clair]

Abi,

could you copy/type the whole sentence you quoted from the "Annulation" paragraph?