Terms & Conditions of the Licence Agreement

1. Meaning of Expressions used in this Licence Agreement and Interpretation

  • 1.1. “Agreement Period” means the period for which this Agreement lasts, shown as the Agreement Period in Part 1.
  • 1.2. “Caravan” means the caravan holiday home, or holiday lodge described in Part 1.
  • 1.3. “Family Member” means your spouse, civil partner, parent, grandparent, child, grandchild, brother or sister, the spouse of any of those persons and treating the stepchild of any of the above persons as his/her child.
  • 1.4. “Hire / Hiring Out” means letting people other than you use the Caravan for holidays and recreational purposes in return for payment (whether in cash or in kind).
  • 1.5. “Independent Surveyor” means the surveyor appointed under clause 17 of this Licence Agreement or for the purpose of determining any dispute under clauses 8 or 9.5 or for the purpose of assessing the value of the Caravan under clause 13.
  • 1.6. “Inflation” means the movement of the General Index of Retail Prices (RPI) published by the Office of National Statistics starting from the date of this agreement. The expression is referred to in the following provisions of this agreement:
    • The issue of a charge for noting insurance policy details under clause 4.7;
    • The review of the annual pitch fee under clause 8.4
    If it becomes impossible to measure inflation by means of the General Index of Retail Prices then we agree to do so by some other index having a similar purpose and which is published by a public body.
  • 1.7. “Park Rules” means the rules of conduct and practice issued by us from time to time and applicable to the use of the Caravan and other facilities at the Park. A copy of the Park Rules in force at the date of this Licence Agreement is attached.
  • 1.8. “Pitch” does not include any part of the Park, except that on which the Caravan stands.
  • 1.9. “Pitch Services” means the services that we provide for you and which are listed in Part 1.
  • 1.10. “Review Date” means the day set out in Part 1 on which the Pitch Fee is changed under clause 8 of this Licence Agreement.
  • 1.11. “Site Licence” means the caravan Site Licence applicable to the Park issued to us by the local authority under Section 3 of the Caravan Sites and Control of Development Act 1960 and other relevant statutes.
  • 1.12. “Transfer Fee” means the payment you must make to us if you sell the Caravan on the Pitch and we issue a fresh agreement to the new owner. Clause 6 of this Licence Agreement sets out the procedure we and you must follow if you decide to sell the Caravan. The rate of Transfer Fee is specified in the Summary of Important Terms (above).
  • 1.13. “We/Our/Us” means the Park Owner described in Part 1.
  • 1.14. “Working Days” means Monday, Tuesday, Wednesday, Thursday and Friday, unless these are Bank Holidays.
  • 1.15. “You / Your” means the Caravan Owner(s) described in Part 1. Where there is more than one person described as the Caravan Owner in this Licence Agreement each is fully responsible for the obligations under this Licence Agreement.
  • 1.16. References to taxes and laws are references to them as extended, amended or replaced from time to time.

2. Permission to keep the Caravan on the Pitch

  • 2.1. We allow you, throughout the Agreement Period, to keep the Caravan on the Pitch at the Park and to use it for holiday and recreational purposes during the Period of each year shown in Part 1, provided you comply with your obligations in this Licence Agreement and except during an Exceptional Park Closure.
  • 2.2. This Licence Agreement is personal to you and may not be assigned or transferred to any other person. However, clauses 6 and 7 of this Licence Agreement give you the rights to transfer ownership of the Caravan on the Pitch.
  • 2.3. This Licence Agreement does not entitle you to purchase any alternative or replacement caravan except in the event of a total loss of the Caravan for which you are insured. Your insurer will then be entitled to arrange for us to site a replacement caravan of a similar type and size as the Caravan.

3. Our General Obligations

We agree that:

  • 3.1. We will provide, maintain and keep in good state of repair the Pitch Services to the Caravan and any Park Services, except where these have to be interrupted for the purposes of repair or development or for other reasons beyond our control, such as interruptions in the supply of services to us or because an Exceptional Withdrawal of Services is necessary.
  • 3.2. We will insure the Park against usual third-party risks to a minimum of £5,000,000 per claim. We will review the minimum sum insured on every fifth Review Date and increase it from the following 1st January if we reasonably consider the current minimum sum insured to be insufficient.
  • 3.3. We will charge for utilities in accordance with the requirements of the law and any relevant utility regulator. Our reasonable charges will include a profit element or administration charge. However, we will never charge you more than the law allows. For example, electricity will be recharged in accordance with the Ofgem Maximum Resale Price Provisions – Decision Document 2002 (07/02) or any law which replaces this.

4. Your General Obligations

You agree / You agree that you will:

  • 4.1. Keep to the terms of this Licence Agreement and the Park Rules.
  • 4.2. Use the Caravan only for holiday and recreational purposes. You must not use the Caravan as your only or main residence. If we ask you to do so, you must give us satisfactory proof that your only or main residence is at the address registered with us as set out in Part 1 of this Licence Agreement or another permanent address that you may tell us from time to time. Satisfactory proof means a document such as a council tax bill, a recent utility bill (sent to the address stated, not printed by you), or driving licence in your name. You agree to inform us promptly in writing if you change your only or main address or contact details.
  • 4.3. Pay the Pitch Fee and other charges due to us on the days set out in Part 1, or for all other charges billed separately to the Pitch Fee, to pay us within 28 days from the date of invoice.
  • 4.3.1. Where the Pitch Fee is issued at a discounted rate, that discounted rate is conditional upon payment being received by the due date stated on the invoice. If payment is not received by that date, the discount shall be withdrawn and an additional invoice may be raised for the difference required to bring the total Pitch Fee in line with the full rate.
  • 4.3.2. Pay a reconnection fee if your holiday home is disconnected from Pitch Services due to non-payment of charges. This means that should the Pitch Fee or Pitch Service charges remain unpaid for over 28 days from their due date, without our prior agreement, then We shall be at liberty to disconnect your Caravan from the Pitch Services. You are not permitted to instruct anyone else to do so or to reconnect the mains services yourself. Reconnection to the mains services is only to be undertaken by our staff or authorized contractors and shall be charged at £250 plus VAT (index linked to RPI inflation from January 2024).
  • 4.4. To pay us interest at 3% per annum over the published base rate of Barclays Bank plc from time to time on any undisputed sums overdue from the due date to the date we actually receive such amounts from you, both before and after any judgement that we may obtain against you.
  • 4.5. To insure the Caravan at your own expense against standard property damage insurable perils (including loss) and in addition cover for:
  • 4.5.1. You agree that failure to repair or remove, when asked by Us, any debris, refuse, litter; or unmaintained fencing, decking, walls or patios etc. under your holiday home or around the Pitch which we consider untidy, dangerous or unsightly, means that We our employed contractors can clear and dispose of items and you agree to pay Our reasonable costs incurred.
  • 4.6.1. Accidental damage to the underground service pipes and cables, for which you are responsible;
  • 4.6.2. Subsidence, heave or landslip of the site on which the Caravan stands;
  • 4.6.3. Architects, surveyors, legal and other fees to rebuild or repair the Caravan;
  • 4.6.4. Costs of removing debris, demolishing, propping up or supporting parts which have been damaged; and
  • 4.6.5. Costs incurred in the delivery and/or re-siting of any structure at the insured premises;
  • 4.6.6. Where Part 1 of this Agreement specifies that the New-for-Old (reinstatement) option applies, the sum insured for loss or damage to the Caravan shall include the following:
    • 4.6.6.1. The retail price on the Park of a new caravan of a similar type and size to the Caravan;
    • 4.6.6.2. The cost of replacing any ancillary structures (for example: decking);
    • 4.6.6.3. The cost of clearing wreckage from the Pitch and disposing of the Caravan; and
    • 4.6.6.4. The cost of delivery, siting and connecting the new Caravan (if not included in the retail price).
  • 4.6.7. Where Part 1 of this Licence Agreement specifies that the Market Value Option applies, the sum insured for loss or damage to the Caravan from time to time shall not be less than the price which a willing buyer would pay you for the Caravan without the benefit of this Licence Agreement.
  • 4.7. To insure at your own expense against Property Owners’ Liability (including liability to any third parties employed to work in the Caravan) and Public Liability. The sum insured for these liabilities shall not be less than £5,000,000. We will review the minimum sum insured on every fifth Review Date and may require you to increase it from the following 1st January if we reasonably consider the current minimum sum insured to be insufficient. Clauses 17.2, 17.3, 17.4 and 17.5 or this Licence Agreement explain your options if you do not agree with any increase.
  • 4.8. Unless you purchased an insurance product promoted or introduced by us, you agree to provide proof of insurance by providing us with a copy of your insurance details each year (for example, a Schedule of Insurance). Where proof of insurance is required, you agree to pay our annual fee of £35 plus VAT to check you have complied with your obligation to arrange adequate insurance cover. This fee is to change each year in line with the previous Review Date. We are not insurance experts and check only the name of the insured, periods of cover and the sums insured. We assume no duty to you to check you have insured against the correct risks or replacement values.
  • 4.9. To keep the Caravan in a good state of repair and condition both visually and structurally and so as to retain its mobility, and in a safe, habitable state including the repair and maintenance of all installations and appliances and undertaking and/or commissioning all relevant periodic safety checks. In particular, to make sure all gas appliances are checked every 12 months by a Gas Safe (or successor body) registered engineer.
  • 4.10. Not to do or fail to do anything which might put us in breach of the Site Licence, which is always available on the Park in a conspicuous place. For example, the conditions of the Site Licence which are likely to affect you are the space between caravans to be kept clear, those prohibiting combustible structures between caravans, those regarding car parking and those requiring the underside of the Caravan to be kept clear.
  • 4.11. Comply with all statutory requirements (including any relevant planning permissions) in relation to the Caravan and its installations and furnishings.
  • 4.12. Not carry out any building works on the Park or to erect any extension to the Caravan, or without our written permission to erect anything else, including (but not limited to) huts & sheds, fences, structures, TV aerials, satellite dishes, or clothes lines or to connect any services or utilities to the Caravan. We will only withhold our consent to such works on reasonable grounds. If we refuse consent, we will tell you our reasons. Clauses 17.2, 17.3, 17.4 and 17.5 of this Licence Agreement explain your options if you do not agree.
  • 4.12.1. You agree that we retain the right to lift or remove any external structures that it may become necessary for us to move permanently or temporarily, or which we consider to be unsafe, of an unsatisfactory finish, or which are not aesthetically pleasing and that you are liable for replacement of such structures should they have to be lifted or moved and that we are not liable to replace or be responsible for your external structures at any time.
  • 4.13. To give us written notice of any work to be carried out to the Caravan by external contractors and to ensure that all contractors employed by you provide us with the relevant documentation so that we can check their insurance and competence in order to maintain a safe environment on the Park, at least 14 days before the contractors start work (or in the case of an emergency, you agree to give us as much notice as possible).
  • 4.14. To permit us to remove the Caravan from the Pitch in accordance with the rights we have under clauses 9, 11 and 13 of this Licence Agreement, disconnecting as necessary. To maintain standards on the Park and to prevent damage to the Park and its installations, any work in disconnecting, de-siting or removing the Caravan from the Pitch (even after termination of this Licence Agreement) or in siting it on another pitch must be done by us or by our contractor(s). However, where appropriate, you may instruct another contractor to remove the Caravan from the Park. You agree to pay us for disconnecting and removing the Caravan from the Park or for moving the Caravan at your request. Our charges will be reasonable and based on the time spent and the work done and shall not exceed those of a written quotation for having the work carried out by an appropriately competent and a suitably qualified and experienced independent contractor(s) and in accordance with industry guidance. We will provide you with a written quotation for any work in disconnecting, de-siting or removing the Caravan from the Pitch. If within 14 days of receiving our written quotation, you provide us with a like for like written quotation for the same work to be carried out by an appropriately competent and experienced independent contractor(s) and in accordance with industry guidance, we will charge you no more than the independent contractor(s)’ quotation for the work.
  • 4.15. To use the Caravan only during the period of year indicated in Part 1 of this Licence Agreement.
  • 4.16. To only purchase LPG, for use at the Caravan, from the Park, or a supplier which we have authorised to access the Park. [We insist on this on the grounds of Health & Safety].
  • 4.16.1. You agree to order replacement gas bottles with Park staff between the hours of 08:30am and 4:30pm Monday to Saturday (and not on a Sunday) and before 3pm if required on the same day, however in the event that we cannot deliver on the same day you agree to allow up to 48 hours for delivery.
  • 4.16.2. You agree to keep two gas bottles on your Pitch for use at your Caravan at all times, one ‘on’ bottle and a full spare bottle on standby.
  • 4.16.3. You agree to order a replacement bottle when you start to use your second bottle, or as soon as possible after this takes place, in order to keep a spare full bottle on standby at all times and to avoid running out of gas at an inconvenient time for You or Us.
  • 4.17. To allow us to calculate your electricity based on your average use in the event of a meter failure, to a maximum of the sum of the previous year’s usage or £50 + VAT if the previous year’s usage information is unavailable (index linked to RPI inflation from the date of this Agreement).
  • 4.18. To pay us an administration fee of £20 + VAT (index linked to RPI inflation from the date of this Agreement) per letter should we have to write to you in order to chase payment of outstanding invoices or for obtaining copies of insurance documentation or other documents required to be submitted by You to Us under the terms of this Licence Agreement. You agree that this is a separate fee from the administration fee charged for checking insurance cover under clause 4.7 above.
  • 4.19. You agree to professionally skirt your Caravan with solid a wooden surround, the style of which and products used must be approved by us.

5. Behaviour Standards

By entering into this Licence Agreement, you agree for yourself and all people who use or visit the Caravan (including in each case children in their party) to adopt the following standards of behaviour:

  • 5.1. To act in a courteous and considerate manner towards us, our staff and anyone visiting, using or working on the Caravan or the Park including other customers.
  • 5.2. To supervise children properly so that they are not a nuisance or danger to themselves or other people using the Caravan and/or the Park.
  • 5.3. You agree not to:
    • 5.3.1. Commit any criminal offense (whether or not on the Park or in its vicinity) which causes your name to be entered on the Violent and Sex Offender Register or causes you to be subject to a Risk of Sexual Harm Order or Child Abduction Warning Notice (or any register or order succeeding these).
    • 5.3.2. Use the Caravan in connection with any criminal activity or commit any other criminal offence (i.e. any offence not already subject to clause 5.3.1) at the Park or in its vicinity.
    • 5.3.3. Commit any acts of vandalism or nuisance at the Caravan or on the Park.
    • 5.3.4. Use fireworks at the Caravan or on the Park.
    • 5.3.5. Keep or carry any firearm or any other weapon at the Caravan or on the Park.
    • 5.3.6. Use or keep any unlawful drugs at the Caravan or on the Park.
    • 5.3.7. Create undue noise or disturbance or commit antisocial behaviour at the Caravan or on the Park.
    • 5.3.8. Carry on any trade or business from the Caravan or at the Park.
    • 5.3.9. Permit anyone who is to your knowledge on the Violent and Sex Offenders Register or subject to a Risk of Sexual Harm Order or a Child Abduction Warning Notice (or any register or order in succession of these) to use or visit the Caravan.
  • 5.4. You agree that if You or any of your Family Members or visitors or guests whom you have invited to the Park or to the Caravan break the behaviour standards listed above then we may terminate this Licence Agreement. Termination by us is dealt with by clause 11. Any serious breach of the Terms and Conditions of this Licence Agreement may result in the termination of this Licence Agreement under clause 11.1.

6. Selling the Caravan

  • 6.1. If you want to sell the Caravan you can do so:
    • 6.1.1. To us, but only if we agree.
    • 6.1.2. On the Pitch to a buyer approved by us in accordance with the provisions of clause 6.2.
    • 6.1.3. On the basis that it is removed off the Park so long as you arrange for the removal of the Caravan through us and pay our charges for disconnecting, de-siting and removing the Caravan from the Pitch in accordance with Clause 4.13 above.
  • 6.2. If you want to sell the Caravan on the Pitch then the following will apply:
    • 6.2.1. You agree to write and tell us if you are putting the Caravan on the market for sale while it remains on the Park. If at any time you change your mind and decide not to sell the Caravan. You agree to tell us in writing whether the Caravan is subject to finance and if it is, to give us the name of the company and the reference number of the finance agreement.
    • 6.2.2. You arrange all relevant safety checks by competent contractors, for example for gas and electrical installations to ensure the safety of the Caravan and to produce the certificates to us on request.
    • 6.2.3. It is your responsibility to market the Caravan for sale (privately or through an agent) and find a buyer for the Caravan.
    • 6.2.4. You agree to write to us telling us the price at which you intend to sell the Caravan to your buyer, in which case we are entitled to buy the Caravan from you, for the same price, without charging you any Transfer Fee, during the five Working Days after our receiving your letter. If we wish to buy the Caravan from you under this arrangement, we will notify you in writing by first class post. If we buy the Caravan from you in this way, we may only deduct from the purchase price we pay to you sums which are lawfully due to us under this Licence Agreement and any sum needed to settle outstanding finance. (This means that we will not charge you the Transfer Fee). We shall send you the payment for the Caravan within five Working Days after sending you notification of our decision to purchase the Caravan or your providing vacant possession to us, whichever is the later.
    • 6.2.5. If we decide not to purchase the Caravan, you agree to allow us to vet your prospective buyer by seeking suitable references and carrying out the enquiries we consider to be appropriate. As such, you must tell us of the name and address of your prospective buyer for the Caravan. We insist that the park manager meets with your buyer in person prior to purchasing your Caravan from you. We will make such enquiries as we usually make on any sale by us of a caravan and are reasonable. These are likely to relate to credit status and ability to comply with the behaviour standards in clause 5 of this Agreement. We may require a credit reference check and up to three references. We may ask to meet your buyer in person. We may also take into account any information available on the internet including social media or which is provided to us by any third party including but not limited to other customers. We will undertake any enquiries under this clause with reasonable diligence and we will notify you of our approval, or, in writing that our approval is to be withheld, as soon as is reasonably practicable. We will only withhold approval of a prospective purchaser on reasonable grounds. If we do so, we will tell you our reason(s). Clauses 17.2, 17.3, 17.4 and 17.5 of this Licence Agreement explain your options if you do not agree.
    • 6.2.6. The transaction must be conducted through our office and you appoint us to act for you for that purpose. We will receive all purchase moneys from your buyer and will promptly pay and account to you for the same within five Working Days of receiving cleared funds, subject to discharging any finance outstanding on the Caravan of which you have notified us in writing and payment to us of the Transfer Fee, VAT where charged and any other undisputed sums which you may owe us at the date of completion.
    • 6.2.7. Where we have approved your buyer and the sale has been transacted, we will give them a new agreement for the length of time the Agreement Period is still to run. In other respects, the new agreement will contain no less favourable terms to your buyer as this Licence Agreement. The benefit of any payment made in relation to the Pitch Fee and charges made under this Licence Agreement will be transferred to the new agreement.
    • 6.2.8. Before we issue the new agreement to your buyer, we will charge you a Transfer Fee at the percentage rate (plus VAT where charged) stated in Part 1 of this Licence Agreement of the price paid for the Caravan, unless we are proven to be in serious breach of our obligations under this Licence Agreement.
    • 6.2.9. Apart from the Transfer Fee, we will not make any other charges to you or to the buyer of the Caravan without your or the buyer’s express agreement or unless additional rights or services are agreed between the parties.
  • 6.3. The rights to sell the Caravan contained in this clause 6 may be exercised by your personal representative(s) after your death.

7. Giving the Caravan away

  • 7.1. You have the right to make a gift of the Caravan during your lifetime or on your death (either in your will or as the result of the operation of the law relating to intestacy). However, only a proven Family Member, approved by us under clause 7.2, would be entitled to keep the Caravan on the Park.
  • 7.2. If you give the Caravan to a Family Member or a Family Member inherits the Caravan following your death, the Family Member may apply to us for an agreement to keep the Caravan on the Park, provided that:
    • 7.2.1. The Family Member permits us to seek suitable references and to carry out appropriate enquiries;
    • 7.2.2. The Family Member attends a meeting with us should we require one; and
    • 7.2.3. We are reasonably satisfied that the Family Member will comply with equivalent obligations to your obligations under this Licence Agreement.

We will give that Family Member an agreement for the term of the Agreement Period which then remains unexpired, and otherwise containing no less favourable terms to the Family Member as this Licence Agreement gives to you, without charge. The benefit of any payment made in relation to the Pitch Fee and charges made under the previous Licence Agreement will be transferred to the new Licence Agreement.

  • 7.3. We will make such enquiries as we usually make on any sale by us of a caravan and are reasonable. These are likely to relate to credit status and ability to comply with the behaviour standards in clause 5 of this Agreement. We may require a credit reference check and up to three references. We may ask to meet your Family Member in person. We may also take into account any information available to us on the internet including social media or which is provided to us by any third party including but not limited to other customers. We will undertake any enquiries under this clause with reasonable diligence and we will notify you of our approval, or in writing that our approval is to be withheld, as soon as is reasonably practicable. We will only withhold approval of a Family Member on reasonable grounds. If we do so, we will tell you our reason(s). Clauses 17.2, 17.3, 17.4 and 17.5 of this Licence Agreement explain your options if you do not agree.
  • 7.4. The rights contained in this clause 7 do not affect the right of your personal representative(s) to sell the Caravan in accordance with clause 6 above as if “you” in that clause referred to the personal representative(s).

8. Review of Pitch Fees

  • 8.1. With effect from each Review Date, we will review the Pitch Fee and may change the amount. We will give you at least one month’s notice in writing of a proposed change in the Pitch Fee.
  • 8.2. We will give you a written explanation of the reason(s) for any increase which is proposed.
  • 8.3. The proposed change in the Pitch Fee will become payable with effect from the Review Date.
  • 8.4. When we review the Pitch Fee, we will take into consideration the following factors:
    • 8.4.1. Any changes which are not within our control such as rates, water charges and other charges paid to third parties, including those caused by a change in the law or rates of taxation.
    • 8.4.2. Inflation.
    • 8.4.3. Sums spent by us on the Park and/or its facilities for the benefit of the owners of caravans.
    • 8.4.4. Changes in our operating costs including those brought about by changes in the law or regulatory change and by taxation.
    • 8.4.5. Market rates for pitch fees.
  • 8.5. Where we review our charges so that you pay a separate charge for a service which was previously supplied and paid for through the Pitch Fee, we shall be obliged to reduce the Pitch Fee by an amount equivalent to the cost to us of supplying that service.

9. Moving the Caravan

  • 9.1. Within the Agreement Period, we may wish to disconnect and move the Caravan to another part of the Park and this clause sets out the basis on which we may do that, for example because we are redeveloping an area of the Park, or installing some facility or are required to comply with a local authority Site Licence condition, or for access to an area of the Park which cannot reasonably be gained by any other route.
  • 9.2. If the Caravan has to be moved because of some emergency or because of works to be carried out by a third party over whom we have no control such as a water supply company, we will give you as much notice as we can. If we have to disconnect and move the Caravan for any other reason, we will give you at least one month’s notice in writing.
  • 9.3. We will ensure that any temporary move to an alternative pitch of similar quality, or to the best alternative pitch available at the time, will be as short as is reasonably practicable.
  • 9.4. We will be responsible for all reasonable costs incurred in disconnecting and moving the Caravan.
  • 9.5. Following the disconnection and movement of the Caravan, we are entitled to return the Caravan to its original Pitch or to site it permanently on another pitch. If the consequence of the redevelopment or maintenance work is that the original pitch is less pleasant, or if the move is permanent, we must offer an alternative pitch of similar quality to the original pitch as it was before the move, or the best alternative pitch available at the time.
  • 9.6. We will always reconnect the Caravan if we have moved it.
  • 9.7. Clauses 17.2, 17.3, 17.4 and 17.5 of this Licence Agreement explain your options if there is any dispute arising under clause 9.5 above and the standard of the original or alternative pitches.

10. Termination of the Licence Agreement

The Licence Agreement may come to an end in any of the following ways:

  • 10.1. Because the Agreement Period has come to an end.
  • 10.2. By the sale or gift of the Caravan or by you losing ownership of it.
  • 10.3. By us terminating it because you have broken your obligations under this Licence Agreement.
  • 10.4. By you giving us notice in writing of your wish to end it.

11. When we may terminate the Licence Agreement

  • 11.1. If you are in serious breach of your obligations under this Licence Agreement and the breach is not capable of being remedied or is such that it causes a breakdown in the relationship between you and us (for example violence or intentional damage to property), we may serve upon you reasonable notice in writing to terminate this Licence Agreement. In deciding what period of notice is reasonable, we shall have due regard to the nature of the breach and other relevant circumstances.
  • 11.2. If you are in breach of any of your obligations under this Licence Agreement which is capable of being remedied (for example such as a failure to comply with the behaviour standards in clause 5 which has not caused a breakdown in the relationship between you and us or a failure to repair the Caravan (clause 4.8) or to pay Pitch Fees promptly (clause 4.3)), or not to use your Caravan for residential purposes, we may write giving you warning, specifying the breach and asking you to remedy the breach within a reasonable and specified time. If you do not comply with that warning and the breach is either serious and/or amounts to persistent breaches of obligation which taken individually would be minor but which taken together cause a breakdown in the relationship between us, we are entitled to write to you to end this Licence Agreement and to require you to make arrangements with us for the removal of the Caravan from the Park within one month.

12. When you may terminate the Licence Agreement

  • 12.1. You are entitled to bring this Licence Agreement to an end by writing to us giving us not less than one months’ notice.
  • 12.2. However, if we have broken our obligations to you under this Licence Agreement and if as the result you are entitled to end this Licence Agreement you may give us a lesser period of notice but should still give us as much notice as possible.
  • 12.3. You may also give us a lesser period of notice if you decide not to replace your Caravan on the Pitch following a total loss for which you are insured under clause 4.5. Again, you should still give us as much notice as possible.

13. The consequences of termination of the Licence Agreement

  • 13.1. You will arrange with us for the disconnection and removal of the Caravan and all other property of yours from the Park within one month after termination of this Licence Agreement however that comes about. You must comply with clause 4.13 in doing so.
  • 13.2. Payment of our costs in the disconnection or removal of the Caravan from the Pitch will not be sought if we are proven to be in serious breach of our obligations under this Licence Agreement.
  • 13.3. If following termination of this Licence Agreement you fail to arrange the disconnection and removal of the Caravan through us, we are entitled to remove it ourselves after giving you not less than 14 days’ notice in writing of our intention to do so. If the Independent Surveyor confirms to us that the Caravan is not capable of being sold for a sum sufficient to cover the costs of removal and sale, then you authorise us to dispose of the Caravan as we see fit and you will repay us the costs we incur (acting reasonably) in the removal and disposal of the Caravan.
  • 13.4. Otherwise, on not less than one month’s written notice to you, we may sell the Caravan at the best price reasonably achievable in the circumstances.
  • 13.5. We may charge you reasonable storage fees from the date this Licence Agreement ends until the date the Caravan is removed from the Park.
  • 13.6. Where we sell the Caravan, we will account to you for the sale proceeds we receive, less: (a) our reasonable costs of storage under clause 13.5, (b) our reasonable costs of disconnection, removal and disposal or sale and (c) any other undisputed sum due from you to us.
  • 13.7. Where you have terminated the Licence Agreement, we will repay to you at least on the scale set out below any Pitch Fees (excluding rates) and other charges which you have paid us for a period after the Licence Agreement has ended, less any sums properly due to us.
Months since due payment date Percentage refund due
Up to 180%
1 to 270%
2 to 360%
3 to 450%
4 to 540%
5 to 630%
6 to 720%
7 to 810%
8 to 9 or after 30th June Each YearNo Refund

The scale of percentage refund payments set out above does not prejudice any further action either party may take against the other if there has been any breach of obligations under this Agreement.

  • 13.8. Where we end the Licence Agreement, we will repay to you in full on the same scale set out in the table in clause 13.7.
  • 13.9. We have the right to retain the Caravan until you have paid any undisputed sum due to us on termination of this Agreement.

14. Park Rules

  • 14.1. It may be necessary or desirable to change the Park Rules from time to time including for reasons of health & safety, the efficient running of the Park, environmental issues, local authority requirements, and/or regulations or in the interpretation of law and regulations imposed upon us, in which case we will notify you in writing to your current address.
  • 14.2. Any changes made to the Park Rules after the signing of this Licence Agreement may affect you because you will be required to comply with the changed Park Rules, but will not affect anything else to which you are entitled under this Licence Agreement.

15. Hiring out the Caravan

  • 15.1. Part 1 of this Licence Agreement makes it clear whether or not you are allowed to Hire out the Caravan on a voluntary or compulsory basis and whether you must Hire out the Caravan exclusively through our agency.
  • 15.2. If Hiring out is permitted, whether compulsorily, or voluntarily, it will take place on the basis of a separate agreement between us.

16. Keys

  • 16.1. We may hold a key for your Caravan.
    *Please sign if you allow us to hold a key and please confirm that you have provided a spare to your Park Manager) x_________________________________________________________
  • 16.2. We may use the key for any purpose you authorise, for example if you ask us to allow a visitor authorised by this Agreement to access the Caravan or to carry out agreed repairs.
  • 16.3. We may also use the key in an emergency, such as an immediate concern for the health and safety of any person in the Caravan, to carry out urgent repairs or preventative work, or to check and secure the Caravan if it appears to be insecure.
  • 16.4. We will take reasonable care of your key and when accessing the Caravan.

17. Complaints and Disputes

In the event of a dispute that cannot be resolved between you and us, this Licence Agreement provides for disputes to be resolved by the following means:

  • 17.1. If you have any complaint relating to this Licence Agreement, we encourage you to discuss it with us. The contact to whom you should refer your complaint is given in Part 1 of this Licence Agreement.
  • 17.2. We may refer questions arising under clauses 8, 9.5 or 13.3 to an independent Surveyor.
  • 17.3. We may agree between us to refer any dispute to an arbitrator.
  • 17.4. We may agree to refer any dispute to an Alternative Dispute Resolution service. If we have not been able to resolve a dispute with you then we will give you details of any service we recommend, but this does not prevent you from suggesting another for us to consider.
  • 17.5. The above are all alternatives to going to Court, but if you prefer to go to court this Licence Agreement does not in any way prevent you from doing so.

18. Communications

  • 18.1. We agree that any letters or other communications between us shall be sent to the address appearing in Part 1 unless we have told you or you have told us of another address to be used instead. Letters and other communications will not be addressed to you at the Caravan.

19. Statutory Rights

  • 19.1. Nothing in these conditions will reduce your statutory rights as a consumer. For further information about your statutory rights contact your local authority Trading Standards Department or Citizens Advice Bureau.

20. Mandatory Park Closure

You agree that we will not be liable for park closures enforced upon us which are beyond our control. Such as in the event of Government business closure regulations. In the event of such business closure regulations being issued we will not refund the Pitch Fee, or any part of it. Such an event is deemed to be an Exceptional Park Closure in relation to clause 2.1 of this Licence Agreement and would result in an Exceptional Withdrawal of Services, as outlined in clause 3.1 of this Licence Agreement.

Signatures

Only sign this legally binding agreement if you fully understand its Terms and Conditions.
Please ask us before you sign if you do not understand any term or if you believe that you have agreed a term with us which is not recorded in this Agreement.

Caravan Owner(s) (All parties must sign)

Park Owner (Or representative)

Mrs. L S Evans / Mr. James Mead
Directors
On behalf of Laura James Enterprises Ltd. t/a Greenways of Gower Leisure Park & Green Meadow Leisure Park,
or t/a Shermark Enterprises Ltd Whiteford Bay Leisure Park

Date of Agreement: