PRIVATE OWNER – TERMS AND CONDITIONS
AGREEMENT TO PURCHASE A CARAVAN – TERMS AND CONDITIONS
a) Ownership of the Caravan will not pass to the Customer until the total amount due in respect of the caravan is paid in full and the caravan is delivered to the customer. The risk of loss or damage to the caravan will pass to the customer upon delivery to the customer.
b) Where the customer has agreed to trade in his or her caravan in part exchange towards the purchase of the caravan but decides, for whatever reason, not to proceed with the purchase of the caravan and wishes to leave the park but not remove the part exchange caravan from the park, the Park Owner shall have the option to purchase the part exchange caravan at the agreed trade-in price less 20%. Ownership of, and risk of loss or damage will not pass to the Park Owner until ownership and risk in the caravan being purchased by the customer has passed to the customer.
c) Both the customer and the Park Owner have the right to cancel the purchase of the caravan and any related part exchange by giving notice to the other within 14 days of the date of this agreement to purchase a caravan but any such notice must be given before the customer takes possession of the caravan.
d) Where the customer is purchasing the Caravan from another caravan owner on the Park and the Park Owner is appointed as the sales agent for the seller, a fee equal to 15% (plus VAT) of the price paid by the Customer for the Caravan is payable by the Customer to the Park Owner.
e) The caravan / lodge owner may initially occupy a pitch on the park for the amount of time specified on the contract signed at the time of purchase. Thereafter, your contract will be reviewed on a yearly rolling basis. It is the owners responsibility to keep the caravan/lodge clean and safe.
AGREEMENT FOR THE SITING OF A CARAVAN – TERMS AND CONDITIONS
The Following documents referred to in the Terms and Conditions below are documents which form part of this Agreement for the siting of a caravan [“this Agreement”]: [I] The site Charges List, which sets out the annual site fees and other charges, and [ii] the Park Rules. A copy of each of these documents has been provided to the Caravan Owner. Further copies may be obtained from the park office on request.
Siting of the Caravan on the Park
1. This agreement will not come into force if the Agreement to purchase a caravan is cancelled.
2. This Agreement will come into force on the date the caravan is delivered to the Caravan Owner and will, subject to earlier termination by the caravan Owner under clause 20 below or by the Park Owner under clause 21 below, continue for the period of tenure as stated on the Sales Invoice and the Caravan Purchase Confirmation document, subject to the caravan being maintained in a reasonable condition.
3. The Caravan Owner must comply with the terms and conditions set out in this Agreement, the terms and conditions of the Park Site Licence granted by the Local authority which is displayed in the Park office, and the Park Rules which specify the times that the Park is open during the year.
4. The Caravan Owner will not acquire any ownership, tenancy or other propriety interest in the pitch on which the caravan is sited and will only be entitled to site the Caravan on the Park for holiday and recreational purposes under the terms of this Agreement.
5. While the Caravan Owner will normally remain on the pitch allocated to him or her, where the caravan is required to be removed from a particular pitch on the Park to allow redevelopment, three months written notice will be given to the Caravan Owner ; in the event of the caravan requiring to be moved, the Park Owner will re in-state the Caravan after the work has been completed, or if the move is permanent, will provide a similar alternative pitch. The Park Owner will be responsible for all reasonable costs.
6. The annual charges relating to the siting of the Caravan on the Park and the use of other Park facilities and services and disconnection fees for removing the caravan from the park are set out on the Site Charges List. The Site Charges List also explains [I] when the annual charges must be paid [ii] how the annual charges are reviewed each year [iii] the amount of any refund the Caravan Owner may be entitled to upon leaving the Park and [iv] whether the annual charges include winter storage. Where this Agreement is entered into before the annual charges for the following season have been confirmed, the Caravan Owner will be notified of such annual charges at least 1 month before the start of that season. The Park Owner reserves the right to vary the charges annually and will notify the Caravan Owner of any changes at least 1 month before the start of the next season.
7. If this Agreement comes to an end and the Caravan Owner leaves the Park the Caravan Owner may be entitled to a refund, in accordance with the Site Charges List applicable at the relevant time, of sums the Caravan Owner has paid which relate to a period after the Caravan Owner leaves the Park.
The refund entitlement is calculated using the table below:
|After 30 June||No refund in any circumstances|
|Months since due |
|Percentage refund due|
|Up to 1||80%|
|1 to 2||70%|
|2 to 3||60%|
|3 to 4||50%|
|4 to 5||40%|
|5 to 6||30%|
|6 to 7||20%|
|7 to 8||10%|
|8 to 9||No refund|
8. The Park Owner will be entitled to deduct from monies owing to the Caravan Owner any sums which are properly due to the Park Owner.
9. All invoices to be paid within 28 days of rendering, any overdue accounts will be subject to an administration charge and/or disconnection of services. A further charge will be made for reconnection of the services.
Letting Your Caravan
10. The Caravan Owner may, but is not required to, sublet the Caravan and may do so privately for a maximum of 4 weeks per season. The caravan owner can not sublet the Caravan to any single sex parties or to those under 21 years of age. The Caravan owner will ensure that all necessary safety tests and inspections relevant to subletting have been carried out. All sub lettings to be notified to the park manager in writing two weeks prior to the arrival of the guests.
Selling Your Caravan
11. This Agreement is personal to the Caravan Owner but a new agreement will be issued to a person who acquires the Caravan pursuant to clause 12 or 13 below.
12. If the Caravan Owner wishes to sell the Caravan to a purchaser who intends to continue to site the Caravan on the Park the Caravan owner must:-
12.1. have complied with the terms of this Agreement and paid all sums due to the Park owner in full:
12.2. notify the Park Owner in writing of his or her intention to place the Caravan on the market
12.3. enter into a Private Sale Agreement with the Park Owner, the terms of which will apply in relation to the sale of the Caravan. The purchaser of the caravan will be liable for a 15% (plus VAT) commission based on the resale value of the caravan, to enable the caravan to remain sited on the park. The commission is payable to the Park Owner.
13. The caravan owner may sell or transfer the Caravan to a family member who intends to continue to site the Caravan on the Park with a fee of 15% (plus VAT) of the resale price being payable by the new owner to the Park Owner. The Park Owner will issue to that family member a new Agreement for the Siting of a Caravan. For the purposes of this clause 13 “family member” means and includes spouse, parent, Children, grandparent, common-law husband or wife, or any grandchild, brother or sister, including the spouse of any of those persons and treating such stepchild of any of those persons as his or her child. A £100 transfer fee will apply to family transfers.
14. The caravan must be in acceptable condition to be sold or have the ownership transfered to remain on the Park.
Obligations of the Park Owner
15. The Park Owner will use its best endeavours to maintain the services shown overleaf which are available on the pitch.
16. It is agreed by the Caravan Owner that the Park Owner will not be responsible for safeguarding any property belonging to the Caravan Owner but will be responsible if the Caravan Owner suffers loss or damage to his or her property because of the Park Owners negligence.
Other obligations of the Caravan Owner
17. The address supplied by the caravan owner must be a residential address where they are registered on the ELECTORAL ROLE.
18. The Caravan Owner must: [I] insure his or her Caravan against fire and storm damage and his or her third party liability with a reputable insurance company; and [ii] maintain the Caravan in good condition and provide it with a fire extinguisher of an approved type.
19. No extensions or structures of any kind may be erected adjacent to or around the Caravan without written permission of the Park Owner.
20. The Caravan Owner may terminate this Agreement as follows:-
20.1. by giving the Park Owner 2 months written notice; or
20.2. in the event that the Park Owner has seriously breached this Agreement and such breach is incapable of remedy, by giving the Park Owner reasonable written notice with regard to the nature of the breach; or
20.3. in the event the Park Owner has seriously breached this given a reasonable time to remedy the breach. If the Park Owner does not do so the Caravan Owner may then terminate by giving the Park Owner one months written notice.
21. The Park Owner may terminate this Agreement as follows:-
21.1. in the event that the Caravan Owner has seriously breached this Agreement and such breach is incapable of remedy, by giving the Caravan Owner written notice having regard to the nature of the breach; or
21.2. in the event that the Caravan Owner has seriously breached this Agreement and such breach is capable of remedy, the Caravan Owner shall be given a reasonable time to remedy the breach. If the caravan Owner does not do so the Park Owner may then terminate by giving the Caravan Owner one month’s written notice.
Where the behaviour of the Caravan Owner or other users of his or her caravan is so unreasonable as to cause other occupiers to be deprived of the enjoyment of their caravans, shorter notice of termination of this Agreement may be given by the Park Owner.
Examples of activities which may be regarded as constituting a serious breach and / or unreasonable behaviour and not capable of remedy are: [I] committing any criminal offence on the Park e.g. theft, bringing unlawful drugs and firearms onto the Park or committing any assault on another person on the Park. [ii] wilfully causing damage to any property on the Park whether or not belonging to the Park Owner or another caravan owner or holidaymaker and [iii] repeatedly breaching any obligation under this Agreement or the Park Rules.
22. Upon any termination of this Agreement, the Caravan Owner will no longer have the right for the Caravan to be sited on the Park and the Park Owner shall have the exclusive right to remove the Caravan from the Park. The Caravan Owner must give the Park Owner at least 7 days notice in writing of his or her wish for the Caravan to be removed from the Park. The Park Owner may refuse to remove the Caravan at weekends or on a bank holiday.
Notices and Variations
23. All notices from the Park Owner to the Caravan Owner will be sent to the Caravan Owners address set out overleaf. The Caravan Owner must notify the Park Owner of any changes to that address. All notices from the Caravan Owner will be sent to the Park Owner or to the Park Manager.
24. The Park Rules and the Site Charges List may be varied by the Park Owner from time to time. Any variations will be notified and explained to the Caravan Owner at least 1 month before the start of the relevant season.
Used Caravan Warranty
25. This warranty covers; Failure of any fitted appliance (gas or electric), Failure of the structure, Water ingress. This warranty does not cover; Cosmetic features including decor & soft furnishings,
Batteries, bulbs and fuses or any problem caused by wear and tear, abuse, misuse or accidental damage.
The terms of this warranty do not affect and cannot exclude any of the purchaser’s statutory rights as a consumer.
Warranty will start from the day of handover.