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Our Namaste Dunkerque family would like to thank you for the trust you have placed in us by entrusting us with the care of your pet. Please accept without reservation the general conditions of our rules and regulations.
Laurence Ruiz is co-manager of the EIRL Namaste -Dunkerque SIREN N°811727932 among other things in dog care, holder of the certificate of capacity n°59844 dated 17 February 2014, regularly insured. Our home is approved by the veterinary service of the Ministry of Agriculture as an establishment welcoming dogs. Dogs are looked after by our homoparental family, who will only take two dogs at a time, maximum three, on the day of the handover.
A pre-visit of the dog in the house will be compulsory in order to establish a presentation form and to check if the feeling with the dog passes well (2 pre-adolescents and a teenager who adore animals and know how to respect them).
In legal terms, a pet-sitting contract is in fact a deposit contract. It is governed by articles 1915 et seq. of the French Civil Code. It’s an act by which you receive something from someone else, with the obligation to keep it and return it.
In the custody contract proposed here, it is a voluntary deposit, as there is mutual consent between the person who is the owner and the person in charge of custody.
As with any contract, certain basic conditions must be met at the time of its formation if it is to be valid. Article 1108 of the French Civil Code stipulates that :
However, as regards the parties to the contract, there is a specificity to this type of contract. Article 1925 admits that a deposit made by an incapable person is valid. Similarly, if the depositary (the person in charge of safekeeping) is incapable, the deposit remains valid, but the depositor (the person wishing to have the goods kept) will have only a limited right of action in the event of a problem (Article 1926).
The duty of care
Keeping something means ensuring its preservation. In this case, you’ll need to look after the animal’s diet and care. You must also ensure that the animal is not at risk, especially if there are other animals such as dogs and cats in the home of the person in charge of custody.
The depositary may not use the thing deposited without the express or presumed permission of the depositor (art. 1930).
For example, in the present case of the custody of an animal, the person in charge of custody cannot use the animal for a competition or exhibition without the owner’s consent.
If the custodian fails to fulfill this obligation, he or she is liable.
Return obligation
The custodian must return the animal and all its accessories to its owner.
He must return the same thing he received. However, he is only obliged to return the thing deposited in the condition it was in at the time of restitution. Damage not caused by the depositor shall be borne by the depositor (Art. 1933).
Thus, a shelter or any other accessory eaten away by an animal is not the responsibility of the animal, but of the owner.
Furthermore, if the thing has produced fruit during the period of deposit, the depositor is bound to return it. (Art. 1936)
Thus, if the animal has given birth to babies while in custody, they must be returned to the owner.
Should the custodian fail to meet this obligation, he or she will be held civilly liable. Penalties may even be imposed, particularly in the event of theft.
If the contract provides for remuneration, the owner must pay the agreed sum.
If the contract provides for the service to be free of charge, but the custodian has incurred expenses for the preservation of the item (in this case, veterinary fees), the depositor will be obliged to reimburse these expenses.
The same applies if the item has caused damage to the bailee. In this case, for example, if the animal has damaged a piece of furniture or other object, the owner will have to compensate it.
If the owner fails to pay the agreed remuneration, the custodian may keep the thing until the remuneration has been received (Art. 1948).
The “Certificat de Capacité” is a document that must be held by anyone working as a commercial pet sitter.
I. For the purposes of this Code, “pet animal” means any animal kept or intended to be kept by humans for their enjoyment.
II. For the purposes of the present code, “shelter” means a non-profit-making establishment run by a foundation or an animal protection association designated for this purpose by the prefect, which takes in and cares for animals either from a pound at the end of the holding periods laid down in articles 213-3 and 213-4, or donated by their owner.
III. For the purposes of the present code, dog or cat breeding is taken to mean the activity of keeping reproductive females and resulting in the sale of at least two litters of animals per year.
IV. The management of a pound or shelter, breeding and the commercial sale, transit or keeping, education, training and presentation to the public of dogs and cats are subject to a declaration to the Prefect and to the establishment and use of facilities that comply with animal health and protection regulations for these animals; they may only be operated if at least one person in direct contact with the animals holds a certificate of competence attesting to his or her knowledge of the biological, physiological and behavioral needs and care of pet animals. This certificate is issued by the administrative authority, which takes into account the applicant’s knowledge or training, in particular diplomas or professional experience of at least three years. The same provisions apply to the commercial sale and presentation to the public of other pets of domestic species. Dog and cat grooming establishments are subject to the provisions of the second and third sub-paragraphs of this paragraph.
V. Persons who, without engaging in the activities mentioned in III, keep more than nine weaned dogs must set up and use facilities that comply with animal health and protection regulations for these animals.
VI. Only publicly recognized animal protection associations or animal protection foundations may manage establishments in which veterinary services are provided free of charge to the animals of persons lacking sufficient resources. These establishments must be declared to the prefect of the département in which they are located. The corresponding health conditions and control procedures are laid down by decree in the Conseil d’Etat.
Arrêté du 25 mars 2002 relatif aux justificatifs de connaissances requis pour les personnes exeçrant des activités liées aux animaux de compagnie d’espèces domestiques Le Ministre de l’agriculture et de la pêche, Vu le code rural, et notamment le livre II ; Vu le décret no 80-791 du 1er octobre 1980 pris pour l’application de l’article 276 du code rural ; Vu le décret no 91-823 du 28 aoét 1991 relatif à l’identification des chiens, des chats et autres carnivores domestiques et à la tenue des locaux où se praticent de façon habituelle l’élevage en vue de la vente, la commercialisation, le toilettage, le transit ou la garde de ces animaux, pris pour application des articles 276, 276-2 et 276-3 du code rural ; Vu le décret no 2000-1039 du 23 octobre 2000 relatif aux modalités de délivrance du certificat de capacité relatif à l’exercice des activités liées aux animaux de compagnie d’espèces domestiques, pris en application des dispositions de l’article L. 914-6 (IV, 3o) du code rural ; Vu le décret no 2001-1334 du 27 décembre 2001 portant assimilation à des fonds de concours pour dépenses d’intérêt public du produit de la rémunération de certains services rendus par le ministre de l’agriculture et de la pêche ; Vu l’arrêté du 20 juillet 2001 relatif à la liste des diplômes, titres et certificats requis pour les personnes exerçant des activités liées aux animaux de compagnie d’espèces domestiques ; Having regard to the decree of December 27, 2001, setting the terms and conditions for allocating the proceeds from the remuneration of certain services to the budget of the Minister of Agriculture and Fisheries; Having regard to the decree of January 15, 2002, setting the terms and conditions for collecting the fee payable by candidates for the issue of the attestation of knowledge required for the exercise of activities related to pets of domestic species,
Arrêté :
Art. 1 The attestation of knowledge referred to in c of article 1 of the aforementioned decree of October 23, 2000, is issued by the regional director of agriculture and forestry or the director of agriculture and forestry for the overseas departments, the competent territorial authorities, after assessment organized by an accredited agricultural or veterinary training establishment, the list of which is given in appendix I.
Art. 2 Candidates must apply directly to the authorized establishment in the region of their main place of residence. In return, the establishment will send the candidate a registration file specifying the supporting documents required and the assessment procedures.
Art. 3 The assessment criteria for the knowledge required to obtain the certificate are shown in Appendix II.
Art. 4 The assessment is administered in the form of a multiple-choice questionnaire, the correction of which is automated. The assessment rules are set out in Appendix III.
Art. 5 The regional director of agriculture and forestry, or the director of agriculture and forestry for overseas departments, appoints the members of an evaluation committee for a renewable one-year term. This commission comprises :
The regional assessment commission is responsible for ensuring that the examination is properly conducted, and for proposing to the regional director of agriculture and forestry, or to the director of agriculture and forestry for overseas departments, that the attestation of knowledge be issued to candidates who have obtained the score set out in the assessment regulations.
Art. 6 – The Director General of Education and Research is responsible for implementing the present order, which will be published in the Journal officiel de la République franaise.
Paris, March 25, 2002.
For the Minister and by delegation :
Director General of Education and Research, J.-C. Lebossé
Décret relatif aux modalités de délivrance du certificat de capacité relatif à l’exercice des activités liées aux animaux de compagnie d’espèces domestiques, pris en application des dispositions de l’article L 914-6 (IV, 3¡) du code rural. Le Premier ministre, Sur le rapport du ministre de l’économie, des finances et de l’industrie et du ministre de l’agriculture et de la pêche, Vu le code rural, notamment son article L 914-6 (IV, 3¡) (devenu L 214-6); Vu l’ordonnance n¡ 59-2 du 2 janvier 1959 modifiée portant loi organique relative aux lois de finances, notamment son article 5; Vu le décret n¡ 62-1587 du 29 décembre 1962 portant règlement général sur la comptabilité publique; Vu le décret n¡ 80-791 du 1er octobre 1980 pris pour l’application de l’article 276 du code rural; Vu le décret n¡ 91-823 du 28 aoét 1991 relatif à l’identification des chiens, des chats et autres carnivores domestiques et à la tenue des locaux où se praticent de façon habituelle l’élevage en vue de la vente, la commercialisation, le toilettage, le transit ou la garde de ces animaux pris pour l’application des articles 276, 276-2 et 276-3 du code rural; Le Conseil d’Etat (section des travaux publics) entendu, Article 1 The application file for the certificate of competence mentioned in 3¡ of IV of article L 914-6 (now L 214-6) of the code rural is sent to the prefect of the département where the activity for which the applicant is requesting the certificate of competence is carried out.
The prefect may issue the certificate of competence to applicants who can provide proof of :
a) At least three years’ professional experience as a manager or employee in one or more of the activities mentioned in article L 914-6 (now L 214-6) of the French Rural Code; Or at least three years’ experience in the care and protection of animals, including at least half-time work in direct contact with animals within a foundation or association for the protection of animals, recognized as being in the public interest or affiliated to an organization recognized as being in the public interest;
b) Possession of a diploma, title or certificate appearing on a list published by order of the Minister of Agriculture;
c) Or sufficient knowledge certified by the regional director of agriculture and forestry or by the director of agriculture and forestry for overseas departments. The content and methods of knowledge assessment, as well as the list of establishments authorized to take part in this assessment, are defined by order of the Minister of Agriculture. The documents making up the application file for the certificate of competence, as well as the procedures for submitting this file and issuing the certificate, are defined by order of the Minister of Agriculture.
Nota – Ordonnance 2000-914 2000-09-18 art 11 (livre IX du code rural, partie législative, becomes livre II du même code).
Article 2: The costs of the assessment mentioned in c of article 1 are borne by the candidate. They give rise to the collection by the State of a fee for services rendered, payable on each application. The amount and methods of collection of this fee are specified by joint order of the Minister for Agriculture and the Minister for the Budget. Nota – Ordonnance 2000-914 2000-09-18 art 11 (livre IX du code rural, partie législative, becomes livre II du mme code).
Article 3: During the inspections mentioned in I of article L 914-23 (now L 214-23) by veterinary service agents, if it appears that the holder of the certificate of competence has committed an act contrary to the legislative and regulatory provisions applicable to the health and protection of animals or, in the exercise of his activity, negligence or mistreatment likely to undermine the health and protection of animals, the director of veterinary services draws up a report and sends it to the prefect of the department. The Prefect then gives formal notice to the interested party to comply with the requirements within a period of not more than one month, to be determined by the Prefect, and invites the party concerned to submit its observations before the expiry of this period. If, by this date, the holder of the certificate of competence has not complied with the prefect’s injunctions, the prefect may suspend the certificate of competence for a period not exceeding three months, or withdraw it. In the event of a breach causing serious suffering to the animals, the Prefect may immediately suspend the certificate for a period not exceeding one month.
Nota – Ordonnance 2000-914 2000-09-18 art 11 (livre IX du code rural, partie législative, becomes livre II du même code).
Article 4: The Minister of the Economy, Finance and Industry and the Minister of Agriculture and Fisheries are each responsible for the execution of this decree, which will be published in the Journal officiel de la République française.
By the Prime Minister : Lionel Jospin.
Jean Glavany, Minister of Agriculture and Fisheries.
Laurent Fabius, Minister of the Economy, Finance and Industry.