Mac Mahon Avocats is a Paris business law firm at 33 avenue Mac-Mahon, Paris 17. Its lawyers advise campsites & outdoor hospitality businesses on prevention of difficulties, out-of-court procedures, formal insolvency proceedings and distressed disposals under French law. This page sets out the applicable legal framework; it does not constitute legal advice.
Graded campsites and holiday villages, residential leisure parks, mobile home and glamping operators, outdoor tourism residences, operators under public service delegations or public land occupation agreements, and multi-site groups.
Outdoor hospitality concentrates turnover in a few summer weeks while investments (mobile homes, pools, utilities, play areas) are amortised over several years and often lease-financed. A significant share of revenue is collected in advance as booking deposits, creating a liability of services still to be performed. Many operators occupy municipal land under an occupation agreement or public service delegation — a regime distinct from a commercial lease — whose duration and transferability determine goodwill value and acquisition options.
| Procedure | Entry condition | Duration | Legal basis |
|---|---|---|---|
| Ad hoc mandate | No cessation of payments | Set by the court president, renewable | Art. L. 611-3 Commercial Code |
| Conciliation | Actual or foreseeable difficulties; cessation of payments for 45 days at most | 4 months + 1 month | Arts. L. 611-4 to L. 611-16 |
| Safeguard | Insurmountable difficulties, no cessation of payments | Observation period 6 months, extendable to 12 | Art. L. 620-1 et seq. |
| Rehabilitation | Cessation of payments, recovery possible | Observation period up to 18 months | Art. L. 631-1 et seq. |
| Liquidation | Cessation of payments, recovery manifestly impossible | Variable; business continuation 3 months, renewable | Art. L. 640-1 et seq. |
A declaration of cessation of payments must be filed within 45 days of that state arising, unless a conciliation request is filed within the same period (Art. L. 631-4 of the French Commercial Code).
The court may adopt a sale plan covering the business, but a public land occupation permit is precarious and personal: its transfer requires the consent of the public owner (Arts. L. 2122-1 and L. 2122-3 of the Public Property Code). Any acquisition must therefore be coordinated with the municipality or granting authority.
Refund claims relating to sums paid before the opening judgment are pre-opening claims that must be filed in the proceedings (Art. L. 622-24 Commercial Code). Where the stay is actually provided during the observation period, the service is performed and the question does not arise.
Not while the lessor remains owner. Continuing the ongoing contract requires payment of rentals falling due after the opening judgment (Art. L. 622-13 Commercial Code); otherwise the units may be recovered, reducing capacity and acquisition value.
Timing is a cash-flow question. In practice, anticipating through an ad hoc mandate or conciliation before the season allows instalments to be renegotiated, while cessation of payments, once established, must be declared within 45 days (Art. L. 631-4 Commercial Code).
Tourist tax is collected by the operator from guests on behalf of the municipality and remitted under Arts. L. 2333-26 et seq. of the General Local Authorities Code. Its treatment must be reviewed specifically when the liabilities are analysed.
Phone: +33 1 45 03 20 20
Email: accueil@macmahon-avocats.fr
Address: 33 avenue Mac-Mahon, 75017 Paris, France