Holiday Property Rental Contract
Holiday Property Rental Contract
Author
Discussion

sparkythecat

Original Poster:

8,109 posts

286 months

Thursday 5th June 2014
quotequote all
As is the norm in June, I'm going to rent a holiday property in Normandy for a week.
What isn't normal is the small print in the rental agreement.

rental agreement said:
Article 11. Insurance "The tenant must insure the premises rented. The Tenant must therefore check that his or her domestic insurance policy covers holiday accommodation. If it does not, the Tenant must apply to his or her insurance company for an extension of cover or else take out a special "holiday" policy. An insurance certificate must be shown on arrival"
Now, like every other sensible traveler I have a normal travel insurance policy, but that isn't going to cover the rebuilding of Monsieur's maison in the event of fire, flood or other calamity.

Surely it it is incumbent on him to insure his own property, or am I missing the point here?

Edited by sparkythecat on Thursday 5th June 17:40

PurpleMoonlight

22,362 posts

188 months

Thursday 5th June 2014
quotequote all
Won't this likely be for accident damage to contents, not the bricks & mortar?

sparkythecat

Original Poster:

8,109 posts

286 months

Thursday 5th June 2014
quotequote all
PurpleMoonlight said:
Won't this likely be for accident damage to contents, not the bricks & mortar?
They want the usual 300euro refundable deposit on arrival to cover breakages in addition to the above

creampuff

6,511 posts

174 months

Thursday 5th June 2014
quotequote all
Insure what? The building? The contents? Public liability?

Who cares, with a clause that stupid I'd give them the big "le fk you".

anonymous-user

85 months

Thursday 5th June 2014
quotequote all
creampuff said:
Insure what? The building? The contents? Public liability?

Who cares, with a clause that stupid I'd give them the big "le fk you".
It says 'insure the premises' which implies the actual fabric of the building, I would say. Very odd. Even if tenants would arrange such cover, I would much rather sort my own cover if I owned a holiday let.

Can't you go somewhere else?

kowalski655

15,236 posts

174 months

Thursday 5th June 2014
quotequote all
Can you even insure something you dont own? If so I might insure someone's dodgy tyre recycling plant..they seem to go up in smoke with startling regularity biggrin

creampuff

6,511 posts

174 months

Thursday 5th June 2014
quotequote all
REALIST123 said:
Can't you go somewhere else?
Anyone with that stupid a clause will completely fking retarded in many ways which you have not even realised yet. This rental will only go wrong. It will be "oh we don't like the cover shown in the certificate, so you can't move in, but we are going to keep your money anyway"

Avoid. Anyone that stupid deserves no customers.

redstu

2,287 posts

270 months

Friday 6th June 2014
quotequote all
Is this with an agency or an individual?

The property owner must have (unless they are stupid) buildings and contents cover.

Surely it is just some sort of translation error?

JustinP1

13,364 posts

261 months

Friday 6th June 2014
quotequote all
sparkythecat said:
rental agreement said:
Article 11. Insurance "The tenant must insure the premises rented. The Tenant must therefore check that his or her domestic insurance policy covers holiday accommodation. If it does not, the Tenant must apply to his or her insurance company for an extension of cover or else take out a special "holiday" policy. An insurance certificate must be shown on arrival"
IANAL, but I did study contract law as part of my degree.

My guess is that posters have taken the wrong direction here as I think the intention is innocuous. My guess is the owner has put this into the contract to underline that he is not liable for your contents should they be stolen etc.

They are asking you to provide documentation that your items are covered away from the home (Hiscox for example), or that you have specific holiday insurance.

It is most likely as simple as that.

Clearly, there is no holiday insurance policy that you can buy which will pay the owner of the cottage/caravan/hotel should it fall down...!

Kateg28

1,370 posts

194 months

Friday 6th June 2014
quotequote all
kowalski655 said:
Can you even insure something you dont own? If so I might insure someone's dodgy tyre recycling plant..they seem to go up in smoke with startling regularity biggrin
Yes, you can insure items owned by other people but you must have insurable interest in it which means you would lose out financially if 'it' suffered a loss. If you lent me your watch and I lost or broke it, I would be obliged to replace/repair it which costs me money so I have an insurable interest in it whilst I am borrowing it. I do not have an interest in it whilst you are wearing it or it is in your drawer at home.

Hence the reason you can insure cars owned by other people whilst you are responsible for them.

In theory you can draw up a contract which states I am liable for damage to the watch whilst you are wearing it but I think this would fail under unfair contract terms but I am not totally sure about this. It then gets complicated with contract law/negligence and other such interesting points of law.

Therefore, in theory, you could get insurance for the house whilst you are staying in it, and therefore responsible for it, but this is not standard practice and arranging it would be ridiculous especially as you would not know all the risk details (e.g claims history, build materials etc). Most Insurers would not be interested as the premium would not be worth the effort. It is far more practical to have it insured by the owner.

IANAL.

Red Devil

13,530 posts

239 months

Friday 6th June 2014
quotequote all
JustinP1 said:
sparkythecat said:
rental agreement said:
Article 11. Insurance "The tenant must insure the premises rented. The Tenant must therefore check that his or her domestic insurance policy covers holiday accommodation. If it does not, the Tenant must apply to his or her insurance company for an extension of cover or else take out a special "holiday" policy. An insurance certificate must be shown on arrival"
IANAL, but I did study contract law as part of my degree.

My guess is that posters have taken the wrong direction here as I think the intention is innocuous. My guess is the owner has put this into the contract to underline that he is not liable for your contents should they be stolen etc.

They are asking you to provide documentation that your items are covered away from the home (Hiscox for example), or that you have specific holiday insurance.

It is most likely as simple as that.

Clearly, there is no holiday insurance policy that you can buy which will pay the owner of the cottage/caravan/hotel should it fall down...!
You may well be correct, but that's not what the wording used actually says. If anyone has taken a wrong direction it is whoever wrote that clause. Clarification is needed.


julianc

1,984 posts

290 months

Friday 6th June 2014
quotequote all
sparkythecat said:
Now, like every other sensible traveler I have a normal travel insurance policy, but that isn't going to cover the rebuilding of Monsieur's maison in the event of fire, flood or other calamity.

Surely it it is incumbent on him to insure his own property, or am I missing the point here?

Edited by sparkythecat on Thursday 5th June 17:40
I read that the same way as you. An apartment in Paris had this clause and one related to being liable if there was a break in during the period and their stuff nicked.

We walked away and went somewhere else.

sparkythecat

Original Poster:

8,109 posts

286 months

Friday 6th June 2014
quotequote all
The property was advertised through a holiday rental website and the owner has been provided by them with the rental agreement form.
I think as another poster has suggested that the intention is to make sure that our own belongings are insured whilst we are there to prevent any claim by us on the property owner. Perhaps the ambiguous wording is as a result of translation .

KFC

3,687 posts

161 months

Friday 6th June 2014
quotequote all
sparkythecat said:
As is the norm in June, I'm going to rent a holiday property in Normandy for a week.
What isn't normal is the small print in the rental agreement.

rental agreement said:
Article 11. Insurance "The tenant must insure the premises rented. The Tenant must therefore check that his or her domestic insurance policy covers holiday accommodation. If it does not, the Tenant must apply to his or her insurance company for an extension of cover or else take out a special "holiday" policy. An insurance certificate must be shown on arrival"
Now, like every other sensible traveler I have a normal travel insurance policy, but that isn't going to cover the rebuilding of Monsieur's maison in the event of fire, flood or other calamity.

Surely it it is incumbent on him to insure his own property, or am I missing the point here?

Edited by sparkythecat on Thursday 5th June 17:40
Its a bizarre term to add to a rental contract. From a practical point of view, a lot of people won't bother. And if he's not insured it himself and someone burns the building down then he's going to be completely screwed. With our own rental properties we pay a yearly insurance fee, and its just one of our many expenses that we build into the calculation when working out how much to charge customers. Its the only way to go really... anything else is dumb.

Motorrad

6,811 posts

218 months

Friday 6th June 2014
quotequote all
Important lesson here. Never ever go to France, it's an entirely avoidable country.

surveyor

18,707 posts

215 months

Friday 6th June 2014
quotequote all
Red Devil said:
JustinP1 said:
sparkythecat said:
rental agreement said:
Article 11. Insurance "The tenant must insure the premises rented. The Tenant must therefore check that his or her domestic insurance policy covers holiday accommodation. If it does not, the Tenant must apply to his or her insurance company for an extension of cover or else take out a special "holiday" policy. An insurance certificate must be shown on arrival"
IANAL, but I did study contract law as part of my degree.

My guess is that posters have taken the wrong direction here as I think the intention is innocuous. My guess is the owner has put this into the contract to underline that he is not liable for your contents should they be stolen etc.

They are asking you to provide documentation that your items are covered away from the home (Hiscox for example), or that you have specific holiday insurance.

It is most likely as simple as that.

Clearly, there is no holiday insurance policy that you can buy which will pay the owner of the cottage/caravan/hotel should it fall down...!
You may well be correct, but that's not what the wording used actually says. If anyone has taken a wrong direction it is whoever wrote that clause. Clarification is needed.
I agree. try asking the person who sent the contract.....

Deerfoot

5,257 posts

215 months

Saturday 7th June 2014
quotequote all
http://www.pistonheads.com/gassing/topic.asp?h=0&a...

OP, see thread .

I had pretty much the same thing last year, the posts by Marcellus are very helpful. In the end my holiday insurance covered their requirements anyway.

The holiday was great and we're off to France again in August, although to Brittany.

Have a good holiday.

edit, I forgot to say, the owners never asked to see the insurance policy anyway.

Edited by Deerfoot on Saturday 7th June 22:05

sparkythecat

Original Poster:

8,109 posts

286 months

Sunday 8th June 2014
quotequote all
Thanks very much for that Deerfoot.
The link in your previous thread seems to clarify matters.
thumbup

Marcellus

7,210 posts

250 months

Sunday 8th June 2014
quotequote all
I was just about to say that it sounds like "Tenants Liability Insurance" which is a legal requeirement in France.

I will check what i said previously but nothing has changed.

maaszy

2 posts

264 months

Friday 13th June 2014
quotequote all
It is quite normal for France to request the renter has buildings insurance, although I only came up against it last year when I rented direct through Gites de France.

Although my house policy arguably had cover, as I was renting direct from France (to save money and avoid UK agencies), and conversing mainly in French, I thought it preferable to take out a relevant policy. Not expensive. Google aduciel.fr. I'm sure there are many others.