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Description of the contract site
Insofar as the mobil-homes can be installed that in campsites or in some residential parks leisure, owners of mobil-homes are forced to rent a space in one of these establishments to install their accommodation. The main consequence of this legal situation is that the owners of mobile homes are placed in a situation of dependence on the owners of slots, which can help to create abuses (high rents and unbalanced contractual clauses).
Fortunately the Committee on unfair terms, the consumer law and jurisprudence allowed owners of mobile homes to better defend themselves against the abuses of a few unscrupulous operators but minority in the profession. Furthermore, a proposed new law will allow the tenant to location to be better informed at the time of the conclusion of his contract.
The legal regime of the location contractSubject to no specific rules, lease of mobil-home in a campground or residential Park location leisure falls under the common law of hire, provided for in articles 1709 and following of the civil Code. The term of the lease, the amount of rent, and in a general way the respective obligations of the parties are freely fixed.
Various initiativesIn an attempt to protect the tenant of site, several initiatives have emerged.
First of all, the unfair terms commission issued a recommendation in 2005 for regulation in this sector but it is not followed by effect. Indeed, there are many abuses with regard to contracts of lease of location.
It is not uncommon that tenants suffer a doubling of the rent at the time of renewal of the lease, or even have the obligation to leave the land they occupied. The cost of the relocation of mobil-home, as well as the shortage of available slots encourage the tenant to accept increases in rent, by impossibility, most often, access to another.
Another initiative was launched by the federations of the camping and caravanning. November 27, 2008 was signed the Charter of transparency of the Campsite of leisure between the French Federation of Camping and Caravaning (FFCC) and the National Federation of hospitality of Plein Air (FNHPA) which provides more specific, multi-annual contracts and financial compensation in the event of non-renewal. But it also remains voluntary and malfunctions persist on the ground.
Finally, the information report submitted by the Committee of Economic Affairs of the legislature on the status and regulation of light habitats of recreation advocates mandatory in the contract between the operator of campground and mobile home owner, the mention of five provisions respectively relating to its duration, the conditions of its renewal or terminationat the price, to the definition of standards and the appreciation of the outdatedness of the installation in order to avoid any abuse.
Unfair terms in contracts of lease of locationThe unfair terms commission, established by article L.132 - 2 of the Code of consumption, is placed with the Minister responsible consumption. The commission is composed of magistrates, persons qualified in law or technique of contracts, consumer representatives, representatives of the professionals.
Main tasks of the commission
- •review the types of conventions usually by professionals and recommend the removal or amendment of the provisions which have as their object or effect of creating, at the expense of the professionals or the consumer, a significant imbalance between the rights and obligations of the parties to the contract: within this framework, the commission therefore makes recommendations,
- •be entered by a judge during a proceeding to give his opinion on the unfairness of a contractual term: within this framework, the commission has therefore advice.
Consumers can therefore rely on the advice and recommendations issued by the commission on unfair terms to resolve disputes they may meet with a professional.
Some recommendationsFor camping and caravanning, unfair terms commission issued two recommendations:
- •recommendation n ° 05-01 relating to camping and caravanning contracts and contracts of tenancies of mobile home sites (23/06/2005 BOCCRF);
- •and recommendation No. 84-03 concerning contracts of camping and caravanning (5/12/1984 BOCC).
Although these recommendations are not binding, they constitute a useful reference to encourage operators of campsites to evolve their contracts.
The two recommendations are reproduced below:
Recommendation n ° 05-01relating to camping and caravanning contracts and contracts of tenancies of mobile home sites. (23/06/2005 BOCCRF)
The Committee on unfair terms,
Having regard to the provisions of the consumer Code and articles l.131 - 1 at L.132 - 5;
Having regard to Decree n ° 96-1136 of 18 December 1996 laying down safety requirements for collective playgrounds.
Having regard to the provisions of the new Code of civil procedure and articles 42 et seq.;
Statements by the representatives of the professionals concerned;
Whereas relations between professionals, owners of campgrounds, and consumers renting a parcel on these lands are governed by the rules of procedure of the campsites, document prepared by professionals, and proposed by the accession of consumers; that these rules therefore constitute well contracts subject to the provisions of article l.131 - 1 of the consumer Code.
Considering that campgrounds welcome addition to holiday-makers are installing their tent or caravan, owners of a "mobile home" individuals, recreational housing that can be moved;
Considering that the relationship between operators camping professionals and owners of mobile homes are governed by a contract of lease of a 'leisure location' in addition to the rules of the campsite, at the campground.
Considering that these two types of contractual documents contain clauses which the abusive nature within the meaning of article l.131 - 1 of the Code of consumption can be increased;
1.Whereas some contracts provide for delays exceeding 24-hour customer scheduled arrival, and in the absence of message written on his part, has professional freely the location; other contracts specified that telephone messages are not allowed. that such clauses are particularly disadvantageous in case of delay caused by an unforeseen event; such clauses create a more significant imbalance that they would not be accompanied by provisions providing for the reimbursement of the sums paid in advance;
2.Whereas certain clauses to provide payment by the consumer of a lump sum to the booking deposit regardless of the duration and the cost of the stay;
3.Whereas in some cases, during particularly hollow, advance payments can represent up to 75% of the price of the stay;
4.Considering that certain clauses professional reserve the right to grant the consumer a different "location leisure" as provided in the contract to perform the work or arrangements; But considering that most campgrounds are closed during several months of the year, during which the professional could perform the necessary maintenance, repair or renovation works; that such clauses are, except in cases of urgency manifested a significant imbalance at the expense of the consumer;
5.Whereas certain provisions provide that the lessee consumer of the location is committed to let professional carry out the necessary work regardless of the duration thereof and the troubles they cause; other clauses stipulate further that the consumer will suffer all the repairs the campsite operator would be obliged to make the site leased, without being able to claim any compensation or reduction of the cost of the rental, regardless of the duration and the importance of the work and despite the trouble caused in times of occupation; Whereas these clauses significantly weakens the contract at the expense of the consumer;
6.Whereas certain clauses, under penalty of termination of the contract, that "professional reserves the right to verify the proper maintenance and aesthetics of the mobile home, criteria which he is the only judge." other clauses indicate that ' caravans or mobile homes obsolete or degraded, or which will not be in harmony with the rest of the Park shall be removed or replaced.
7.Whereas if the operator may impose on the owner of the mobile home a maintenance obligation, the status of this facility cannot be left to its discretion, without prior statement of criteria for characterizing the maintenance or the dilapidation of the installation; This clause, which reserves the right to unilaterally assess the State of the mobile home, professional presents a undueness;
8.Whereas a clause provides that "any installation left without maintenance, considered obsolete or wreck State, will be a formal notice requesting his ouster or its replacement" and further States that "in fifteen days without response from the party concerned, the site manager will proceed to eviction or destruction of the wreck at the expense of the party concerned"; Whereas that this clause which allows outside any judicial proceedings or excluding the cases of abandonment manifest, to oust others or destroy his property, creates a significant imbalance;
9.Whereas certain clauses that without performing a single condition of the lease or default of payment of a single term of rent, the contract will be terminated eight days after formal notice; other clauses that reduce this period of notice at four days; Whereas this clause reveals a significant imbalance at the expense of the consumer;
10.Whereas several clauses oblige the consumer who sells his mobile residence of leisure on the campsite to pay a commission to the operator professional of the land on which the residence is located; Whereas these provisions do not mention the service rendered by the professional in return for the commission requested from the consumer and thus reveal an imbalance significant between Contracting;
11.Considering that, in the same way, certain clauses require the purchaser of a residence mobile entertainment to pay a commission or "right of entry" operator professional of the land on which is located the residence; Whereas these provisions do not mention the service rendered by the professional in return for the commission requested from the consumer and thus reveal an imbalance significant between Contracting;
12.Considering that several clauses set out that "the professional accepts no liability for falls of branches, weather, flight..."; that professional is yet of the rules of procedure type a general obligation of monitoring of the land and that he is responsible, under article 1384 of the civil Code, its installations and staff; These clauses, excluding in general terms any responsibility of the professional, posed an undueness;
13.Whereas several clauses that ' access to different play areas is under the full responsibility of the uses and the management declines all responsibility in case of accident can occur in children. But whereas the Decree n ° 96-1136 of 18 December 1996 laying down safety requirements for playgrounds including instructs operators the obligation to check the maintenance and possibly determine the repairs to be carried out; This clause, which provides the sole responsibility of the consumer, without reserving the lack of attributable to professional maintenance is unlawful and creates a significant imbalance at the expense of the consumer.
14.Considering that most of the contracts contain a clause conferring exclusive jurisdiction to the courts of the place of camping; that such clauses are illegal, and maintained in the contracts, were abusive.
Recommends that should be eliminated contracts of caravanning terms having purpose or effect:1.Allow the professional to dispose freely of the campsite reserved by the consumer, whose late arrival over 24 hours has not undergone a message written;
2.Submit the conclusion of the contract to the regulation in advance of a disproportionate fraction of the price compared with the cost of the intended stay;
3.Allow the professional issue to the consumer to perform work or accommodation one location other than the one that was provided for in the contract, without reserving this possibility in the work necessitated by the urgency manifested;
4.To impose on the consumer to bear the disorders caused by the work that the professional will be able to realize the site leased, without explicitly limiting that work, in times of occupation, to urgent repairs and excluding any right to compensation for the consumer;
5.Book professional, under penalty of termination of the contract, the appreciation of the State of maintenance and dilapidation of the mobile home, without State objective criteria to characterize this state of installation;
6.To enable professional, outside any judicial proceedings or excluding the cases of abandonment manifest, to destroy the mobile home that he would consider "at the State of wreck" 15 days after formal notice of the owner to remove its installation;
7.To provide for the termination of the contract by the professional, promptly after sending a formal notice, for lack of execution by the consumer of a clause any lease;
8.To oblige the consumer who sells his mobile residence to pay remuneration to the professional, without consideration for the part of the latter;
9.To provide for a commission payment by the purchaser of a mobile residence of leisure, without mentioning the service in consideration by the professional who collects this commission;
10.To exclude any liability of the professional in the event of events occurring in the campground;
11.To exclude the responsibility of the professional accident occurring to children attending the playgrounds, without reserving the event of a fault attributable to professional maintenance;
12.To waive the legal rules of territorial jurisdiction.
Recommendation No. 84-03Camping and caravanning arrangements (5/12/1984 BOCC)
The Committee on unfair terms,
Having regard to chapter IV of the law n ° 78-23 du 10 janvier 1978 on the protection and information of consumers of products and services;
Seen the civil Code;
Saw the Ordinance n ° 45-1483 of June 30, 1945 price. Having regard to Decree n ° 68-134, February 9, 1968 on campsites; Having regard to Decree n ° 69-570 of 12 June 1969 on campsites; Having regard to the Interministerial Decree of June 28, 1976, classifying campgrounds;
Heard the interested professionals;
Whereas if the creation, development and operation of the campsites are abundant and complex regulation, relations between professionals, owners campgrounds, and consumers are governed solely by the rules of procedure of the campsites, developed by professionals, and imposed by the accession of consumers; that these rules therefore constitute well contracts subject to the provisions of article 35 of the law of January 10, 1978;
Whereas at the outset to inform exactly the consumer on the benefits offered to them, the prices and the contents of the contract to which it adheres.
Whereas some campsites intend to reserve the conclusion of a contract to the consumer who is committed to stay for a certain period which reaches sometimes three weeks or a month. that clauses of the rules of procedure allow the professional to refuse to contract with consumers who wish to stay for shorter; that these clauses constitute a denial of service, and must be eliminated contracts;
Considering that very many domestic regulations shall entitle the professional to accept or reject arbitrarily any consumer,
Considering that most of the rules of procedure contain a clause enabling the professional in the event of failure by the consumer to either any of the provisions of the rules of procedure, to break it, then himself to the expulsion of the consumer, and even according to certain clauses, with the assistance of the security forces; What if it is normal that the contract is broken in the event of non-observance of obligations by one of the parties, no one can take the law itself; that these clauses, and in particular the reference to the public force, in fact have an effect of intimidation on the consumer;
Considering that to obtain a payment guarantee, certain clauses of the contract needed consumer full payment of the full price in advance, while the benefits are not yet provided, and that in some cases, they may not be or incompletely; that these clauses are clearly abusive, even those that lead to the same result, more insidious way by requiring that the consumer furnish an identification document that it will be returned only after payment of the price at the end of his stay, upon his arrival to the professional
Whereas certain provisions to derogate from the rules of territorial jurisdiction as laid down by article 49 of the new Code of civil procedure, giving exclusive jurisdiction to the courts of the place of camping;
Recommends :A -That is actually assured information of consumers, by delivery or posting at the entrance to the campsites of the classification thereof, its rules of procedure and prices;
B. - That are eliminated contracts clauses which have as their object or effect:
1. Submit the conclusion of the contract to a minimum length of stay requirement;
2.Give the trader the right to refuse, without reason legitimate, to contract with a consumer or submit the conclusion of the contract to the membership of the consumer association or a group;
3.Allow the professional break the contract unilaterally without the need to provide pattern;
4.To allow the professional to conduct himself, for breach of the contract, the expulsion of the consumer and a fortiori those suggesting that it has to do this contest of the public force except in the cases of criminal offence;
5.Submit the conclusion of the contract to the regulation in advance of an excessive portion of the price, and those making the conclusion of the contract the deposit into the hands of the professional identification of the consumer;
6.To impose the payment of a fee for single visitors who do not use camp facilities or equipment
7.To say the General irresponsibility of the professional as well as excluding liability for breach by him of its contractual obligations including its general duty of supervision;
8.To allow the professional to reduce the benefits provided to a level lower than that prescribed by legislation or regulation;
9. Modify the legal rules of jurisdiction.
Article L.132 - 1 of the consumer Code provides that "in the contracts concluded between professionals and non-professionals or consumers, are abusive clauses which have as their object or effect of creating, at the expense of the professionals or the consumer, a significant imbalance between the rights and obligations of the parties to the contract. In case of dispute concerning such a clause, it is the professional to provide evidence of the reasonableness of the disputed clause.
Unfair terms in contracts of lease of sites found by the judge shall be deemed not written (non-existent) but the contract will remain applicable in all its provisions other than those considered to be abusive. This sanction will in the direction of the interests of the consumer who wishes most of the time maintain the contract. But to see the abusive nature of a clause, the consumer will be required to bring the dispute before a judge.
•Assignment of lease of location clause.
The clause of a location for mobile home lease agreement which provides that the assignment of the lease will be required through a notary designated by the notary in the contract is not abusive as it does not prohibit the lessee to mandate a notary of his choice to compete in the Act.
•Relative due to force majeure, scope.
The clause of a location for mobile home lease agreement which stipulates that "the lessee provides at his own expense mobil-home and the garden shed that will be installed on its plot and content, the landlord being held to any compensation in the event of fire or theft" is abusive.
The essential terms of the lease of locationA draft law is currently under study before the Senate (text no. 114 registered November 17, 2011). This project includes a new article L.334 - 1 of the Code of tourism. The legislature wanted to make it perfectly clear that the mobil-homes are earmarked for tourism, which explains why the provisions concerning their occupation depends on including tourism and not the Code of the consumption Code.
The redrafting of the tourism Code provides (article L.334 - 2) that "any offer or any contract to a location for the installation of a mobile home of leisure in a campground and caravan site or another area designed for this purpose is in writing and includes indications concerning:
1.A designation of rent and the tenant, as well as the conditions for enjoyment of the leased location;
2.At its duration, the conditions of its renewal and, where appropriate, of its termination;
3.To the characteristics of the location leased, to the description of ancillary services, retail prices relating thereto and, where appropriate, to the conditions and modalities of these price developments
4.To the criteria and procedures for qualification by the rent of the outdatedness of the mobile home of leisure and, where appropriate, the consequences of this qualification.
A decree in Council of State shall specify the conditions for the application of this article.
The designation of the lessor and the lessee and the conditions for enjoyment of the leased locationThe owner of the website shall indicate his identity and his home. If the campground is operated by a company, it shall specify: the legal form of the company, the amount of its share capital, the address of the registered social and towns and registration number of the company in the register of commerce and companies. In this case, the contract must be signed by the legal representative of the company or a person with authority to sign the contract.
The contract must also specify the number of the campsite by category, references of the classification of the camping (number of stars, date of classification and references of the prefectoral Decree of classification). Remember that this information may be verified on the Internet of asset France site.
Those appearing on the contract of location, as tenants, will be responsible for all obligations arising under the contract and, in particular, the payment of rent and charges.
The conditions for enjoyment of the location leased according to campsitesIf some campsites remain open year-round, as a rule the majority of sites plans to close at least one, or even several months per year in order to carry out planning, renovation or compliance. It is important to verify the dates of opening and closure of the site and the commitments by the lessor during the so-called period of "dead garage".
The period of "dead garage" is the period during which the campsite operator allows the tenant to leave his mobile home on the site, apart from the opening of the camping period.
This period is either granted gratuitously, or is included in the rent for the rental of the location and is granted until the reopening of the campsite. As a general rule, the owner may not occupy or let his mobile home during this period.
The duration and the conditions for renewalIn the State of regulation, the duration of the lease of location for a mobile home cannot be more than one renewable year in the PRL. With regard to campsites, since October 1st, 2011 courses and the publication of the Decree n ° 2011-1214 September 29, 2011, lease of location cannot be greater than two years.
Most often the contracts proposed by operators are concluded for a fixed term and should end on the expiry of the fixed term, in accordance with article 1737 of the civil Code because the lessor is not required to renew the contract, unless there be committed contractually.
If the limitations of occupation of the locations provided by the Code of urbanism are intended to prevent the installation of people in substandard housing, they will not in the sense of protecting the owner of mobil-home, simple holidaymaker.
ConclusionIf actually the rental of mobile homes is common law lease and contractual freedom, and the lessor normally has the right to not to renew the lease for a period of one year, the interference of the consumer law with the rules of public order can destroy this principle when it comes to a professional relationship / consumer, which was the case here.
He also pointed out that the refusal of sale or provision of services applies both to a new client than during a renewal of contractual relations and that even in the presence of clauses in the contract excluding explicitly or implicitly any right to renewal in favour of the consumer.
Termination by the lessorTaking into account the application of article L.122 - 1 of the Code of consumption at the location rental contract, the lessee may terminate the location rental contract that if reason legitimate. Legitimate reasons for termination include: breach of clauses the location rental contract, non-payment of rent and expenses, as well as non-compliance with the rules of procedure. The jurisprudence holds as reasons: bad faith, abnormal demand or the unavailability of the product / service delivery.
These reasons allow the lessor to terminate the contract of lease of location. However, should warn the prior tenant of these breaches (by letter of formal notice sent by registered letter with request for acknowledgement of receipt). This formal notice shall grant a time limit which shall be sufficient to allow the tenant to regularize the situation. Only if notification is unsuccessful that the operator may notify its intention to permanently terminate the contract.
Termination by tenantThe contract shall specify the conditions for termination of the contract indicating the period of notice to comply and the terms of terminations.
Characteristics of the site the rented siteThe contract shall specify the number and the surface of the location and remember the terms of article A.111 – 7, 3 ° of the town planning Code that allows a maximum coefficient of use of soil (CUS) of 30% of the area of the location. For the record, are included in this factor, hosting, the garden shed, subject has been explicitly authorized by the Manager, the terraces and the non-removable louvers. The renter will also indicate the number of persons allowed to occupy the location.
The contract must also specify the arrangements of the location and the existence of networks to which the tenant access: connection to the system of sanitation, water and electricity (specifying the delivered power into AMPS).
Rent and chargesThe tenant will have to read very carefully the clauses relating to rent and related charges to avoid any surprise.
Since 1 - January 1987, prices are "freely determined by the play of competition" (Commercial Code, article L.410 - 2, al. 1). If some prices are subject to issue special regulations or to specific legislation, or of orders made pursuant to article L.410 - 2, al. 2 of the Code of commerce, such is not the case regarding the rental prices of location in the area of the camping and caravanning.
The annual rent can be an 'all-inclusive' rent, including consumption of water, access to sanitation and all the animations. Related charges can be wealth or calculated to reality.
The contract shall also indicate the procedures for calculation of tax (real or lump sum payment).
Some contracts may provide for the payment of a deposit for 3 months of fee for the occupation for example. This sum is intended to cover any damage done to the location during its occupation.
In case of departure, the location must be returned in good condition and will be a State of the output. If there is damage borne by the tenant in relation to the location relative to the State of the places of entry, if it is possible, establish quotes, in order to assess the amount of compensation to be removed from the security deposit. If there's no damage, the contract must provide for the restitution of the deposit period, for example under fifteen days following the release of the location.
Conditions of rent increaseUnder the law of hire of the common law provided by the civil Code, two situations may arise. If location rental agreement a tacit renewal, the rent remains, unless otherwise agreed, the same. The contract may, however, provide for a variation of the rent either by indexing, or by providing an increase previously calculated for each years referred to in the contract (e.g., increase of 3% per year for two years).
On location in campgrounds rentals, there is no, as for residential leases, rents reference index. The Professional is therefore free to contractually set the mode of a revaluation of the rental price. Note however that the selection of the index must be commensurate with the service provided.
The admission in the leases of locationA fee may be required by the operator from the campsite where the mobile home is installed. This entry fee is between €1 000 to 4 000 and is justified in consideration of the benefits offered by the structure (swimming pool, activities, etc.).
The Committee on unfair terms, specifies that the clause should mention specifically what is the service rendered by the professional in return for the commission requested from the consumer.
In the absence of express reference to the consideration on the right of entry, the clause can raise a significant imbalance between the Contracting Parties and be deemed as non-written by the judge.
The criteria of obsolescenceTo the extent where contracts for the rental of location, in General, are renewed over several years, it may happen that the aging mobile home, the operator provides in the contract, for the sake of uniformity and landscape integration on the site, whereas mobile homes old and degraded should be removed and/or replaced by their owner.
Assessing the character old, degraded or unsightly of accommodation will therefore have to be based in the contract on objectives as criteria including:
- •the year of manufacture of the mobile home;
- •compliance with standards and regulations in force;
- •Noting the review of the general structure of the mobil-home:
- •trace internal or external infiltration at the level of the floor, walls and ceiling;
- •the State of the chassis: it must show signs of rust, nor be distorted; the deformation (the doors must close easily); the State of the roof; the tightness;
- •equipment review: the general State of the windows, doors, beds, etc.; the State and the conformity of electrical, plumbing and gas. The State of the electrical appliances or gas; sealing (joints, opening, etc.) sanitation; moisture apparent;
- •the mobility of the mobile home:
- •the presence of wheels and the drawbar;
- •and more generally the reliability of all means of mobility.
The consequences of the sale of the mobile home on the siteIt may happen that a mobile home owner wishes to transfer its installation by leaving it on the site the rented site. Thus, it indirectly passes its right of use of the site. Site operators do not necessarily wish that there is an automatic transfer of the lease of location. This is why it is quite common to find a clause providing that in the event of assignment of mobil-home, lease cannot be transferred to the buyer and, eventually, it will belong to latter, if he wishes to contract with the operator of the site, to get closer from him so that negotiated a new contract.
RegulationIn the case where a resident would disturb the stay of other users or does not respect the provisions of the rules of procedure of the campsite, the Manager or his representative can orally or in writing if it deems it necessary, give notice to stop the unrest.
Offences serious or repeated in the rules of procedure and after formal notice, by the Manager, to comply, it may terminate the contract.
Criminal offences, the Manager may appeal to the forces of order
- Description mobile home residential
- Purchase new residential mobile home
- Purchase mobile home residential used
- Dilapidation mobile home
- Mobile home installation and legislation
- Choosing the place of installation of residential mobile home
- The protection of the tenant location
- Conditions in rental mobile home residential
- Obligations in case of subletting of residential mobile home
- Video of residential mobile home