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The protection of the tenant location
Rental locations of mobile homes in the campsites gave rise, over the recent period, the contractual disputes between land operators and accommodation owners. Hundreds of disputes would have been identified to date by consumer associations on nearly 100,000 locations leisure, or 1%.
Faced with this situation, the different actors of the profession reacted to propose actions to secure and to reassure the private owners of mobile home.
The French federation of camping and caravaningThe Fédération Française camping and Caravaning (FFCC) was created in 1938 in associative form defined by the law of 1901. Recognized public utility in 1973, the Federation brings together 80 from affiliated Clubs or professional corporations, either bringing together people who enjoy camping in all its forms. It includes 120,000 members including 65 000 direct members. She is the spokesperson of the some 6 million campers, caravan, motorhome, rental accommodation users and owners of mobile homes french public authorities and tourism professionals.
The FFCC is funded primarily through the contributions of its own members as well as members of Clubs affiliated.
The national federation of camping and caravanningThe National Federation of Hotel de Plein Air (FNHPA) is a management professional Union composed of managers, operators, private and public campgrounds - owners caravanning and leisure residential parks. Currently, FNHPA has approximately 3900 individual members grouped in 72 departmental and regional federations.
Objectives of the federation•defend its members in priority and all the camping and caravanning professionals, in all disputes that low - wind arise in the exercise of their activity;
•represent workers in camping and caravanning public authorities and tourist agencies in general, at the national level;
•promote and develop the profession as a whole;
•inform and train managers for vocational training.
The national union of the campsites and leisure residential parksThe Union Nationale campsites and parks residential of recreation (UNAPAREL) is a trade union founded in 1951. It has as its main objectives:
•to defend the interests of the profession with the public authorities, by participating in nationwide, working groups and the drafting of texts which govern the profession;
•to inform and advise its members in the exercise of their activity but also when disputes arise.
Actions in defence of a tenant of site
The Charter of transparency signed by the FFCC and FNHPAFacing a number of abuse found in campgrounds friendly owners of mobile homes, the FFCC (representing consumers campsites users) and FNHPA (representing professionals) have worked on the drafting of a Charter of transparency.
This (reproduced below) Charter, validated by the DGCCRF has been signed on November 27, 2008. Its objectives:
•encourage a responsible approach to the rental of slots, beyond the duration of the contract, by more specific contracts;
•details relating to the reception of the accommodation owned by the customers on the site the rented site;
•clarify the obligations relating to the use of the site the rented site and campground.
Deadlines for thoughtfulness•in the event where the two parties shall agree to establish a new contract, a period of caring for at least 6 months before the normal expiry of the contract, is provided in the event of changes in conditions, including tariff;
•in the event of non-renewal of the contract (for legitimate reasons), a period of at least 6 months before the expiry of the contract to remind the customer should arrange to find a new home for its accommodations.
Note however, that accession to the Charter by a Campsite remains voluntary.
As a result of this Charter, the FFCC and the UNAPAREL developed with FNHPA, contracts types of tenancy of mobile homes site.
Model contractsTo avoid disputes between managers of campsites and mobile home owners wishing to rent a location for a long time, different federations have created contracts types of hobbies. These contracts provide the contractual elements necessary for the owners and consumers to avoid problems.
The contract signed between the FNHPA and the FFCC framework recalls the rights and duties of managers of camping, but also customers who lease a year-round location to install a mobile residence of hobbies or mobile home,
The text of this agreement financially committed Manager when he decides to put an end, without a valid reason to lease.
The model contract also provides cancellation clauses, the characterization of the State of dilapidation of the residence, special provisions in the case of sale of the mobile home by the Manager of the campground, criteria relating to the maintenance of the residence and the plot, etc. The contract type must be adjusted to take account of the specificities of each campsite.
The FNHPA and the UNAPAREL have also developed a model contract rental location type 'leisure' for their managers of campgrounds and of residential parks.
The conciliation recreation commissionTo further improve relations campsites / customers, a leisure Conciliation Commission was created in 2010 responsible for an amicable solution to the disputes between managers and clients.
Composed of all the actors of camping and caravanning (professionals, consumers, manufacturers and distributors of outdoor accommodation), it will have before it the more difficult cases and shall propose solutions that it considers to be possible to resolve the conflict or to avoid it.
Consumer associationsConsumer associations are governed by the law of 1901 and continuing a non-profit. With regard to the defence of the interests of the owners of mobile homes, national consumer associations the best-known are: the Federal Union des Consommateurs (UFC-Que Choisir), the Confederation of consumer, housing and the living environment (LCVC) and the Leo Lagrange Association for the defence of consumers (ALLDC).
Associations of owners of mobile homesBeside national consumer associations, owners of mobile homes are more likely to regroup within groups of owners formed for the defence of their interests on a particular campsite.
In principle, only consumer associations which have been approved, taking into account their representativeness at the national or local, may take legal action.
The power of associationsConsumer associations can undertake actions including asking repair offences affecting freedom of prices and competition or misleading advertising. Consumer associations can also act for the nullity of an abusive clause in a contract of lease of location proposed by a professional.
Approved consumer associations can seek damages in reparation of the injury to the collective interest of consumers.
Associations can also judge that the judgement be broadcast by all appropriate means to solicit, track press display or any other media, such as a website portal.
The Directorate-General of competition, consumption and repression of fraud (DGCCRF)The Directorate-General for competition, consumption and repression of fraud (DGCCRF) under the Ministry of the economy, finance and industry. Its mission is to ensure a fair and secure market functioning. It carries out its duties around three program activities:
•the competitive market regulation;
•the economic consumer protection;
•the safety of consumers.
With regard to the protection of consumers, the DGCCRF mission will be to enforce the criminal provisions of the law of consumption: consumer information on prices and terms of sale, deceptive marketing practices (including false or misleading advertising (L.121 - 1 of the consumer Code), deception (L.213 - 1 of the code)), rules of the doorstep-selling home and abuse of weakness, rules of distance (including internet sales) selling, rules of the consumer credit, etc.
It will mainly guide consumers having contract problems either to the civil jurisdiction, or consumer associations, that it supports.
This implies that offences can be sought and found, in particular by the DGCCRF agents, who have the power to visit campsites and gain access to all documents.
In case of dispute with a campground operator, it may be useful to take advice from the DDPP region to the question on the conformity of his contract. The DDPP can also indicate the coordinates of local consumer associations.
As a last resort, when all amicable attempt failed, it remains more to the courts.
The actions in the courtsIn case of dispute, only the civil judge can indeed change, cancel or proceed with the execution of a contract. These so-called civil litigation (including contractual disputes) within the jurisdiction of the civil courts. The Code of civil procedure introduced opportunities for inexpensive remedies in the courts, such as injunctions to do or pay.
The owner of mobile home will have the opportunity to enter either proximity judge or court.
The judge of proximityProximity judge is competent to try civil litigation of family life not exceeding €4 000. The judge of proximity may be seized by individuals to put an end to a dispute settlement procedure. In this case, it is possible to seize justice by:
•request for conciliation,
•request of the parties,
•voluntary submission of the parties before the judge.
If the parties cannot find an amicable solution, either of them may re-enter the same judge's proximity to settle the dispute at the end of a civil trial: the ordinary procedure of referral is the Declaration at the registry.
Determination of the competent judge of proximityProximity judge sits on the Court. Geographically close judge is in principle the place of abode of the defendant, that is the person that is requested something.
For disputes concerning the location of mobile home rental the applicant may enter, choice, or the courts for the place of the campsite which is the place of performance of the service, or the place where dwells the defendant (place of the registered office of the company that operates the campsite or domicile of the operator, physical person) (article 46 of the Code of civil procedure).
Declaration at the registryThe judge of proximity may be seized by declaration at the registry by the person wishing to initiate a trial (known as the 'applicant' or 'Party plaintiff'):
•or after an attempt at conciliation.
Proximity judge then contacts himself the person against whom the statement is made (the so-called "defendant" or "defendant").
The declaration at the registry can be made on paper or using a form Cerfa No. 12285 * 02. It must be filed or sent by mail to the registry.
Assistance of representationCounsel is not compulsory. It is possible to
•to defend oneself,
•be assisted or represented by the person with whom it lives (marriage, pacs, common-law) couple.
•be assisted or represented by a member of his family,
•be assisted or represented by a person employed exclusively on its service.
Representative, if he is not a lawyer, must justify a special power to represent the litigant.
The trial courtAny person may request either:
•by voluntary submission the Court jointly with his opponent,
•through a bailiff who will issue a summons
•by delivery of a joint with his opponent, motion
•or herself, by query or statement.
The request must be addressed to the registry of the Court. The rules of territorial jurisdiction are the same as for the judge's proximity.
As for the judge's proximity, the assistance of a lawyer is not required.
After hearing the parties, the judge may:
•designate a conciliator of justice,
•order a statement or expertise, or even to seek the advice of a technician.
The judgment can be made immediately or returned at a later date, it is then put "under advisement".
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- Mobile home installation and legislation
- Choosing the place of installation of residential mobile home
- Description of the contract site
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- Obligations in case of subletting of residential mobile home
- Video of residential mobile home