Nothing in this agreement will reduce your statutory rights relating to faulty or misdescribed goods. For further information about your statutory rights contact your local authority Trading Standards Department.
2.1 The Caravan Owner undertakes, at his/her own expense to insure and keep insured the caravan with a member of the Association of British Insurers against loss or damage by Fire Storm Theft Flood and liability of not less that £1M to third parties and such other risks as the Park Owners may from time to time reasonably require and to produce to the park owner upon request the policy of insurance and such evidence as the Park Owner may reasonably require to ensure the policy is valid and will continue to be valid throughout the period of the Season Pitch Agreement.
2.2 The Caravan Owner shall not do or suffer or permit to be done any act or thing which shall or may render any increased or extra premiums payable for the Park Owner’s third party insurance or which may make void or voidable any policy of such insurance.
To indemnify the Park Owner and keep the Park Owner indemnified from and against all actions proceedings and claims by third parties in respect of any loss or damage or liability caused by or arising out of any wilful neglect or default of the Caravan Owner and any other person authorised by the Caravan Owner.
The Park Owner will take reasonable precautions to protect the caravan from loss or damage while stored on the park but shall not be liable for loss or damage which occurs except as the result of a breach of an obligation on his part.
The Park Owner excludes all liability caused by vermin infestation.
PARK OWNER’S RESPONSIBILITIES
4.1 The Park Owner will not permit the removal of the caravan from the Park by anyone other than the Caravan Owner except on the prior written authority of the Owner to a person carrying such written authority, and bearing the original signature of the Caravan Owner.
4.2 The Park Owner will keep the Park insured against third party claims to a minimum value of £2m per claim.
4.3 The Park Owner will provide the services to the pitch on which the caravan is sited and charge for utilities only in accordance with the requirements of the law.
CARAVAN OWNER’S RESPONSIBILTIES
5.1 The Caravan Owner shall be responsible for properly securing the caravan as provided for by the manufacturer, and to immobilise the caravan against theft by use of any or all proprietary anti-theft measures.
5.2 No explosive or other inflammable substance or material may remain in the caravan whilst it is unoccupied, with the exception that up to a maximum of two gas cylinders of a proprietary brand and suitable for use with the caravan may be left, disconnected, inside the caravan. Should any such substances or materials be discovered, they may be disposed of as the Park Owners see fit, and the Caravan Owner shall not be entitled to any compensation resulting from this action.
5.3 The Park is a holiday and touring caravan site, and as such the Caravan Owner shall not make any alterations to the park or caravan pitches such as, but not limited to, fences or flowerbeds. No objects shall be left on or around the caravan pitch when the caravan is unoccupied. This includes but is not limited to windbreaks, tables and chairs, barbecues, flower pots, lighting (including solar lighting) and ornaments. Awnings, water containers and waste containers are permitted. Caravans and awnings must be kept clean and tidy at all times. For the avoidance of doubt any fairy lights, solar lights and fences but be switched-off/removed at the end of any period of occupancy.
5.4 The maximum length of caravan allowed to occupy a seasonal pitch is 24 feet or 7.3 metres. All caravans must be of standard touring caravan build and shape, and be mostly white or cream on the outside. The Park Owner reserves the right to refuse the Caravan Owner permission to bring any caravan onto the site that is not within keeping with the rest of the site.
5.5 All chemical waste from caravan toilets must be disposed of in the chemical waste disposal point provided. Any Caravan Owner (or any other person using their caravan) found to be emptying this waste anywhere else, including the toilet block or any other drains will have this agreement terminated immediately. The Caravan Owner will also incur an £800 tank emptying fee.
5.6 All grey waste must be disposed of into marked drainage points only and must not be discharged into the ground.
5.7 The waste disposal points are provided for normal household waste and recycling. Disposal of awnings, gazebos, BBQ’s, carpets, tables, chairs, other furniture, domestic appliances and other large items will incur a charge of £20 per item.
5.8 The caravan owner will pay any non-domestic rates charged in respect of the caravan.
5.9 Any storm or accidental damage which the caravan suffers during the Agreement period must be promptly repaired by the caravan owner at the caravan owners cost.
5.10 All personal effects and valuables will be removed from the Caravan when not in use.
5.11 Seasonal pitches must look the same as touring pitches at all times and caravan covers are not permitted.
5.12 The caravan owner agrees to comply with the following behaviour standards:
a. Not to be a nuisance to other users of the Park or to us or our staff, or allow any members of your party to do so.
b. To act towards us and our staff in a reasonable, courteous and considerate manner.
c. To supervise children so that they are not a nuisance or danger to themselves or others.
d. Not to use the Caravan or the Park for any criminal or anti-social activity or to overcrowd the Caravan
e. Not to carry or have at the Caravan any firearm without our permission.
f. Not to create any unreasonable noise or disturbance
g. Not to light a fire, burn wood or cause any area of the park (including the grass) to be scolded or burned as a result of BBQ or hot ashes
h. Not to move vehicles on the Park whilst under the influence of alcohol or drugs
i. To keep dogs on leads at all times and to clear any mess left by their pets.
j. To comply with the Park Terms and Conditions as listed on the website.
In the event that the caravan owner fails to comply with any of the above , the Park Owners reserve the right to terminate the Season Pitch Agreement with immediate effect.
For the avoidance of doubt any season pitch holder seen to be allowing their dog to foul the site without cleaning it up will be asked to leave and their contact terminated immediately for breach of contract.
The Caravan Owner is not permitted to assign the Season Pitch Agreement which means that the Caravan may not be sold with any entitlement for it to be stationed on the Park.
The Caravan Owner is not entitled to hire out the Caravan to third parties but must occupy it for their own use and that of their immediate family only.
Payment is due by the payment date which for the avoidance of doubt for monthly season pitch fees is the first day of the month to which the payment relates. The Park Owners reserve the right to charge interest at the maximum legal rate on any overdue amounts. In the event that season pitch fees are more than one month in arrears the Park Owners shall suspend barrier access and in the event season pitch fees are more than two months in arrears and upon 7 days prior notice, the Park Owners reserve the right to remove the Caravan from the season pitch and reuse the pitch for the remainder of the term of the Agreement, monthly season pitch fees will continue to accrue until the Season Pitch Agreement is terminated in accordance with Clause 10.
Seasonal pitch charges are based upon usage as holiday accommodation and not a permanent residence for which different rates shall apply. The maximum number of nights on which the caravan can be occupied on a seasonal pitch is 140 nights in any one year. Additional nights will be charged at the normal nightly pitch fee + electricity and occupancy.
TERM & TERMINATION
10.1 The term of a season pitch agreement is from 1st January to last saturday in December (the “Agreement Period”).
10.2 The Season Pitch Agreement may be terminated by the Caravan Owner giving to the Park Owners not less than 60 days notice of termination in writing and paying to the Park Owner all sums due to him up to and including the expiry of the period of notice. Where termination takes place after the end of June a termination charge of 50% of the balance outstanding for the remainder of the Agreement Period will be made. This will be calculated in the following manner:
Season Pitch Fee X number of days of the
Length of Contract Period in days contract Period unexpired
The Caravan Owner recognises that such termination fee is fair and reasonable in respect of discounted fees already received against a longer commitment and the loss of business that will be incurred by not completing the period.
10.3 Payment of all charges incurred under the Season Pitch Agreement must have been cleared before the caravan is removed from the site and the Park Owner retains a lien on the caravan for any unpaid accounts.
10.4 If the Caravan Owner shall be in breach of the terms of the Season Pitch Agreement or the rules of the park listed on the web site, or at the end of the storage period has not either entered into a new Season Pitch Agreement or removed the caravan from the Park, the Park Owner shall be entitled to give the Caravan Owner 30 days notice in writing of termination of the Season Pitch Agreement and upon the expiration of the said period the Agreement shall be terminated.
10.5 The Caravan Owner recognises that the Park Owners do not have a facility to dispose of unwanted caravans and as such incur commercial disposal charges. If the Caravan Owner shall fail to remove the caravan on or before termination of the Season Pitch Agreement by the Park Owner, the Caravan Owner shall incur a £500 disposal fee in addition to any other amounts due. The Park Owner, at his discretion, is authorised to sell the caravan and it’s contents in such manner as he sees fit and deduct from the proceeds of the sale the £500 disposal fee and any other amount due to the Park Owner under the Season Pitch Agreement or otherwise. At his option or in the event that the sale of the caravan does not cover the disposal fee and any other amount due the Park Owner shall use all legal avenues to recover both the disposal fee and any other amount due. In the event that other items are left on the Season Pitch the Caravan Owner shall incur a charge of £30 per item for their removal.
10.6 Notices shall be served upon the parties at the address given or such other address in the United Kingdom as may be notified in writing for the purpose.
The waste disposal points are provided for normal household waste and recycling. Disposal of awnings, gazebos, BBQ’s, carpets, tables, chairs, other furniture, domestic appliances and other large items will incur a charge of £20 per item