Middleton Holiday Park Terms and Conditions of the Annual Park Licence Agreement for the Season 2020-21
In the context of these terms and conditions the term “caravan” shall apply to a static caravan or a chalet style park home.
2. In order to keep a caravan stationed on Middleton Holiday Park (Hereinafter called “the Park”) the Caravan Owner or custodian (hereinafter called “the Caravan Owner”) must hold a valid Annual Park Licence Agreement issued by the Owners of Middleton Holiday Park (hereinafter called “the Park Owner”).
3. For the validity of the Annual Park Licence Agreement and whilst its Terms and Conditions and the current Park Rules are complied with, the Annual Park Licence Agreement shall permit the Caravan Owner to keep stationed upon a plot of land (hereinafter called a “pitch”) which the Annual Park Licence Agreement relates, one caravan (hereinafter called “the caravan”) the dimensions and description of which the Annual Park Licence Agreement relates.
4. The Annual Park Licence Agreement shall permit the Caravan Owner to use the caravan for reasonable recreational and holiday purposes during the Park Season but shall not allow for any form of residential dwelling either permanent or temporary by either the Caravan Owner or his family or any other persons. The Park Season runs from the 1st November through to the 31st October the following year with the Park being closed between the 2nd January and the 2nd Friday in February. Caravan Owners who have paid for an extended season have permission for reasonable recreational and holiday usage outside of the Park Season.
5. As and when requested by the Park Owner, the Caravan Owner shall provide proof of identification, for either themselves and or any persons using the caravan, in the form of a valid photo ID (such as a driving licence or passport) plus either, a council tax bill and a current utility bills in their name, or a copy of a current rental agreement in their name at the address they have provided as being their main residence as registered on the UK Electoral Register. It shall be the Caravan Owners responsibility to inform the Park Owners immediately of any change of address.
6 Sub-letting of the caravan by the Caravan Owner either paid or unpaid is not permitted although the Caravan Owner may allow family and friends to use the caravan for reasonable short duration unpaid recreational use. It shall be the responsibility of the Caravan Owner to inform the Park Owner of any such persons making use of the caravan. The Park Owner reserves the right to refuse entry to any persons not expected on Park by prior arrangement.
7. Caravans are accommodated and occupied on the Park entirely at the Caravan Owners risk. The Caravan Owner shall be responsible for maintaining the caravan and its pitch in good safe order and shall hold suitable valid insurance (which must include adequate third-party liability). It shall be the responsibility of the Caravan Owner to ensure that a copy of the insurance certificate for the caravan is provided to the Park Owner for their records.
8. The Park Owners shall not under any circumstances be responsible for any damage however caused to any caravan, motor car or other vehicle or equipment of any nature whatsoever taken upon or parked upon the Park, nor for any injury to or illness of the Caravan Owner or members of their family or their guests however caused.
9. No business activities of any nature shall be conducted from the Park by the Caravan Owner or any person or making use of the caravan.
10. All pitch boundaries shall be defined by the Park Owners and may be subject to change at any time by the Park Owner. To facilitate Park enhancements and upgrades, the Park Owner reserves the right to permanently remove any caravan from its current pitch at any time with reasonable notice. The Park Owner shall endeavour to offer an alternate pitch at their expense as available, with any relocation being confined to the removal of the caravan from its current location to the new location. Removal and re-siting of any decking, boxing in and other external items cannot be guaranteed. Where no alternate pitches can be found, or the Caravan Owner is not prepared to accept the relocation, the Park Owner shall offer the Caravan Owner free removal of their caravan to the park car park for final removal from park by others and shall reimburse any remaining Pitch and Combined fees.
11. Annual Park Pitch Fees, for the season commencing the 1st November through to the 31st October the following year, become due for payment on the 1st November and are payable by one of two methods:
· By a single payment, by any agreed payment method, covering the entire amount of the due pitch fee at a prompt payment discount rate, on or before the 1st November due date, or
· At the Park Owners discretion, by a pre-arranged three instalment payment plan, paid by a Bank Standing Order with collection dates on 1st December 1st April and 1st July following the start of the season on the 1stNovember. Instalment payments other than by pre-arranged Bank Standing Order shall not be permitted. A pre-arranged instalment payment plan will only be accepted if any electricity due (or overdue) has been paid in full before or on 1st November.
12. A “Combined Charge” comprising of portions of the park rates, service charges, infrastructure and other park upkeep costs become due once per season on the 1st June following the start of the season on 1st November.
13. Park Electricity bills become due twice per season, on the 1st November and the 1st June following the start of the season on 1st November. In the case of a query regarding an electricity bill, the Caravan Owner shall settle the bill amount as issued on time, and the Park Owners shall then investigate the query and if valid will refund any overpayments by the Caravan Owner in the form of a refund on the next electricity bill
14. (i) All Park charges remaining unpaid 14 days after their due dates shall be subject to interest charges. If the non-payment relates to a pre-arranged payment instalment, then the Park Owner reserves the right to cancel the instalment payment plan and ask for all outstanding fees to be paid immediately in full at the non-discounted rates.
(ii) Failure to settle Park fees in full after 28 days of the due date shall result in the Park Owners disconnecting the services from the caravan. Once the overdue fees have been settled, an administration fee and reconnection fee shall need be made by the Caravan Owner to reinstate the services. The current fee for this service can be obtained from the Park Office.
(iii) Persistent bad payers shall be served a Notice to remove their caravan from the Park.
15 (i) Caravan Owner on-pitch sales or on-pitch ownership transfers ( hereafter called a “Transfer”) relate to the caravan only and do not include the pitch which remains under the ownership of the Park Owner. A Transfer shall be pre-authorised and processed through the Park Owner. Any Caravan Owner wishing to put up their caravan for Transfer shall make their request to the Park Owner and shall not progress the Transfer until the Transfer request including the selling price and any restrictions have been agreed in writing with the Park Owner.
(ii) It shall be the responsibility of the Caravan Owner to conduct any sales process and to externally advertise, find buyers and negotiate the subsequent sale in compliance with the terms and conditions of the Annual Park Licence Agreement and any additional conditions relating to the Transfer agreed between the Park Owner and the Caravan Owner.
(iii) All caravan advertising shall be conducted off park and no for sale signs shall be displayed in or around the caravan or anywhere else on the Park or on the verges or roadways adjacent to the Park.
(iv) The Park Owner reserves the right to refuse any Transfer request or subsequent Transfer. The Park Owner further reserves the right to refuse any Transfer to persons whom the Park Owner deems unsuitable to be granted an Annual Park Licence Agreement.
(v) No Transfer shall be permitted until potential buyers have established, they do not propose to reside in the caravan, as their residential dwelling, by provided proof of identity and current residency to the Park Owners satisfaction. Valid identification shall as a minimum be: a valid photo ID in the buyers name (such as a driving licence or passport) plus either, a current utility bill and a council tax bill in their name, or a copy of a current rental agreement in their name at the address they have provided as being their main residence as registered on the UK Electoral Register.
(vi) A sales transfer fee of 15% plus VAT (with a minimum fee of £900 exc. VAT) of the transfer price of the caravan including fixtures, slabs, decking, shed, etc shall be charged on the Transfer. The sales transfer fee shall be based on the original sale price, as agreed between the Park Owner and Caravan owner at the time the Transfer was agreed and shall not be reduced if the sale price of the caravan is later reduced.
(vii) Where a caravan undergoes a Transfer without a sale or money changing hands then the Park Owner shall assume that for the purpose of the sales transfer fee the caravan was sold at its current sited market value as agreed with the Park Owner at the time the Transfer request was agreed.
(viii) All caravans put up for Transfer shall initially be offered to the Park Owner at the agreed asking price less the sales transfer fee. If the sale price of the caravan is later reduced, the caravan shall be re-offered to the Park Owner at this reduced price less the sales transfer fee.
(ix) No Transfers shall be allowed until the caravan has passed a valid gas safety check that has been undertaken by a qualified and certified person. To ensure compliance, this service shall be provided by the Park Owner at the Caravan Owner expense. The current fee for this service can be obtained from the Park Office.
(x) Transfers that do not fully comply with the terms and conditions of the Annual Park Licence Agreement shall result in the Park Owner not recognising the on-pitch sale or on-pitch ownership transfer.
16.(i) If a caravan is suspected of being abandoned on Park then the Park Owner shall take all reasonable steps to contact the Caravan Owner and resolve the situation. If no resolution can be found then after a reasonable period the Park Owner shall reserve the right to sell the caravan and its contents either on park or otherwise dispose of the caravan and its contents on behalf of the Caravan Owner in order to recover money owing to the Park Owner.
(ii) In the case of an abandonment situation and where the caravan is deemed to have no market value by the Park Owner then the Park Owner reserves the right to dispose of the caravan at a cost charged to the Caravan Owner. In addition to the disposal fee a further fee shall be charged to the Caravan Owner for the de-siting and removal of the caravan to the holding area ready for the disposal. The current fees for these services can be obtained from the park office.
17. When a caravan reaches the end of its life on Park, the Caravan Owner shall be responsible for the caravan’s final disposal at their expense. This shall involve either removal of the caravan from the park or on-pitch dismantling. To ensure the correct environmental and safety standards are adhered to only the Park Owner or their nominated agents shall undertake on-pitch dismantling. The current fee for this service can be obtained from the Park Office.
18. The Park Owner reserves the right to decline an Annual Park Licence Agreement request or terminate the current Annual Park Licence Agreement of any caravan that it deems to be in a poor state of repair or is deemed by the Park Owner to be unsuitable to remain on Park. Under such circumstances the Caravan Owner shall be requested in writing to make arrangements with the Park Owner to have their caravan removed from the Park. Failure to respond to the request for removal within 28 days shall be considered to be an abandonment situation. The Park Owner also reserves the right to set a pre-determined maximum period that a caravan can remain on Park at the time of any Sale or Transfer.
19. Any Caravan Owner requiring to remove their caravan from the Park (other than at the request of the Park Owners) shall serve the Park Owners three months written notice of their intention. Remaining Pitch and Combined Charge fees are non-refundable.
20. (i) For safety reasons, the procedure below shall be followed when a caravan is to be removed from the Park. Under no circumstances shall the Caravan Owner or their representatives attempt to disconnect the caravan services and or remove their caravan directly from its pitch.
(ii) Prior to the removal, the Caravan Owner shall be responsible for removing all valuables and other items from the caravan and shall make the caravan accessible, safe and available to the Park Owner for subsequent de-siting and removal from its pitch to a holding area. (in the case of a caravan abandonment, the Park Owner reserves the right to enter the caravan and make the caravan safe and secure and make the removal to the holding area).
(iii)The Park Owner shall disconnect the caravan services and remove the caravan to a holding area on the Park ready for the caravan’s final removal from the Park by others. A charge shall be made for this service. The current fee for this service can be obtained from the Park Office. Prior to the removal the Park Owner shall undertake an inspection of the caravan and if in their opinion there are any safety or other issues associated with the removal of the caravan then additional charges may be applied or the removal of the caravan may have to be abandoned.
(iv)The Caravan Owner shall be responsible for the safe final disposal of the caravan from the Park holding area at their own expense and risk. The Park Owner accepts no responsibility for any damage or injury caused by or to the Caravan Owner or their representatives during the final disposal from the holding area.
21. The Park Owner shall not be responsible for any damage caused to any caravan stationed on Park due to subsidence, flooding or water pollution of the Park land.
22 The Park Owner shall not be responsible for the security of any caravan anchorage except for those caravans sited by the Park Owner and within a reasonable period of the siting.
23 (i) The Park Owner reserves the right to cancel the Annual Park Licence Agreement with the Caravan Owner and serve written notice to remove their caravan from Park if the terms and conditions of this Annual Park Licence Agreement or the current Park Rules are not adhered to. Any subsequent eviction shall not relieve the Caravan Owner of Park fees and charges due.
(ii) Once a written notice has been served by the Park Owner, the Caravan Owner shall respond in writing within one calendar month with their arrangements for the caravan’s removal. If no written response is received, then the Park Owner shall assume the Caravan Owner has abandoned the caravan.