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BOOK III: EQUIPMENT AND FACILITIES

Article L311-1 of the French Tourism Code

The owner of a building in which a hotel is operated may not, notwithstanding any stipulation to the contrary, object to the execution of works of equipment and improvement that the lessee, the owner of the business, carries out at his own expense and under his own responsibility when such works concern : 1° The supply of water, gas and electricity; 2° Installation of telephone, radio and television receivers; 3°…

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Article L311-2 of the French Tourism Code

Before carrying out any work, the tenant must notify his landlord of his intention by registered letter with acknowledgement of receipt. This notification must be accompanied by an execution plan and an estimate of the work planned. In the case provided for in the second paragraph of article L. 311-1, the landlord has two months to inform the tenant of his acceptance or refusal in the same way. Failure to…

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Article L311-3 of the French Tourism Code

During the term of the current lease and any subsequent renewed lease, and for a period of twelve years from the expiry of the completion period referred to in article L. 311-2, the owner may not claim any increase in rent due to the incorporation into the building of improvements resulting from the work referred to in article L. 311-1.

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Article L311-4 of the French Tourism Code

On the departure of the tenant or the transferee of the leasehold right, the premises are returned to the owner in the state in which they are, without the owner being able to demand that the premises be returned to their previous state. If the renewal of the lease is refused, the amount of the eviction compensation provided for inarticle L. 145-14 of the French Commercial Code is set taking…

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Article L311-5 of the French Tourism Code

Disputes relating to the application of this section shall be decided in accordance with Articles L. 145-56 to L. 145-60 of the French Commercial Code. Disputes relating to the performance of the work mentioned in article L. 311-1 are not suspensive of such performance.

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Article L311-5-1 of the French Tourism Code

The contract between a hotelier and a natural or legal person operating an online reservation platform for the rental of hotel rooms to customers may only be concluded in the name and on behalf of the hotelier and within the written framework of the agency contract referred to in Articles 1984 et seq. of the French Civil Code. Notwithstanding the first paragraph of this article, the hotelier remains free to…

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Article L311-5-2 of the French Tourism Code

The contract provided for in Article L. 311-5-1 sets out the terms and conditions of the agent’s remuneration, as well as the prices for the rental of rooms and any other services. The remuneration of the agent is freely determined between the hotelier and the online reservation platform.

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Article L311-5-3 of the French Tourism Code

A fine of €30,000, which may be increased to €150,000 in the case of a legal entity, shall be imposed if the legal representative of the online reservation platform operates without a contract concluded in accordance with article L. 311-5-1. Failure to comply with article L. 311-5-2 is punishable by a fine of €7,500, which may be increased to €30,000 in the case of a legal entity. The aforementioned offences…

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Article L311-5-4 of the French Tourism Code

This sub-section applies regardless of where the online reservation platform is established, provided that the rental is made to a hotel established in France. Contracts between hoteliers and online reservation platforms entered into prior to the publication of Law No. 2015-990 of 6 August 2015 on growth, activity and equal economic opportunities cease to have effect upon the entry into force of the same law.

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Article L311-6 of the French Tourism Code

The decision to classify a hotel is taken, at the request of the operator, by the body mentioned in Article L. 141-2 under conditions laid down by decree. The hotel is classified in a category according to criteria set out in a classification table drawn up by the body mentioned in Article L. 141-2 and approved by order of the Minister responsible for tourism. To obtain the classification, the operator…

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