Terms and Conditions

Terms and conditions of the licence agreement should you choose to purchase with us. 

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 I.

1.2       "Caravan" means the caravan holiday home described in Part I.

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 person 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 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 published by the Office for 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, acting reasonably, by some other index having a similar purpose 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 I.

1.10     "Review Date" means the day set out in Part I on which we may change the Pitch Fee under clause 8 of this Licence Agreement, subject to giving you one month’s notice and telling you the reason(s) for the change.

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 (or in the case of Northern Ireland under Section 3 of the Caravans (Northern Ireland) Act 1963) 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 on page 13.

1.13     "We/our/us" means the Park Owner described in Part I.

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 I. 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 I, provided you comply with your obligations in this Licence Agreement.  

2.2       This Licence Agreement is personal to you and you cannot assign or transfer it to any other person. However, clauses 6 and 7 of this Agreement give you 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, 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.

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 1 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 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 I 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, utility bill (sent to you at the address stated, not printed by you) or driving licence in your name. You will tell 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 I. Payment is due to us by any of the payment means authorised by Part 1 of this Agreement.

4.4       Pay to us interest at 3% per annum over the published base rate of Barclays Bank plc from time to time (in Northern Ireland, the Ulster Bank) on any undisputed sums overdue from the due date to the date we actually receive such amounts from you, both before and after any judgment that we may obtain against you.

4.5       Insure the Caravan at your own expense against standard property damage insurable perils (including loss) and in addition cover for:

4.5.1    Accidental damage to underground service pipes and cables for which you are   responsible; 

4.5.2    Subsidence, heave or landslip of the site on which the Caravan stands; 

4.5.3    Architects, surveyors, legal and other fees to rebuild or repair the Caravan; 

4.5.4    Costs of removing debris, demolishing, propping up or supporting parts which have been damaged; and

4.5.5    Costs incurred in the delivery and/or resiting of any structure at the insured premises.

4.5.6    Where Part 1 of this Agreement specifies that the New-for-Old Option applies, the sum insured for loss of or damage to the Caravan shall include the following:

4.5.6.1     The retail price on the Park of a new caravan of a similar type and size to the Caravan;

4.5.6.2     The cost of replacing any existing ancillary structures (for example steps);

4.5.6.3     The cost of clearing wreckage from the Pitch and disposing of the Caravan; and

4.5.6.4     The cost of delivery, siting and connecting the new caravan (if not included in the

                 retail price).

4.5.7    Where Part 1 of this 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.

4.6       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 1 January if we reasonably consider the current minimum sum insured to be insufficient. Clauses 17.2, 17.3, 17.4 and 17.5 of this Licence Agreement explain your options if you do not agree with any increase.

4.7       Unless you purchase 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. 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 insurance. This fee is to change each year in line with Inflation up to the previous Review Date. We are not insurance experts and check only the name of the insured, period of cover and the sums insured. We assume no duty to you to check you have insured against the correct risks.

4.8       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.

4.9       Not to do or fail to do anything which might put us in breach of any condition 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 include those requiring the space between caravans to be kept clear, those prohibiting combustible structures between caravans, those regarding car parking and those requiring the underside of caravans to be kept clear. A copy of the site licence is available to view in the main reception. 

4.10     To comply with all statutory requirements (including any relevant planning permissions) in relation to the Caravan and its installations and furnishings. 

4.11     Not to carry out any building works at the Park or to erect any extension to the Caravan. Our park rules prevent you from erecting a hut, fence or other structure next to your holiday home and/or connect any services or utilities to the holiday home. TV aerials and clothes lines may be acceptable as per the park rules. 

4.12     To give us written notice of any work to be carried out to the Caravan by external contractors and to ensure 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 emergency, as much notice as possible).

4.13     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 then instruct another contractor to remove the Caravan from the Park. You agree to pay us for disconnecting and removing the Caravan from the Pitch 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 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 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 your quotation for the work. 

4.14     To use the Caravan only during the period of year indicated in Part I of this Licence Agreement.

5          Behaviour standards

By entering into this Licence Agreement, you agree to, and you must make sure that all people who use or visit the Caravan (including, in each case, children in their party) keep to, 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 and/or the Park including other customers.

5.2       To supervise children so that they are not a nuisance or danger to themselves or other people using the Caravan and/or the Park.

5.3       Not to:

5.3.1    Commit any criminal offence (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, order or notice 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 Caravan, 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    Keep or use 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 Offender Register or subject to a Risk of Sexual Harm Order or a Child Abduction Warning Notice (or any register, order or notice succeeding 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 may result in termination of this 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 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 must write and tell us that 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, then you must tell us as soon as you can. You must tell us whether the Caravan is subject to finance and, if it is, give us the name of the finance company and the reference number of the finance agreement. 

6.2.2    You must arrange all relevant safety checks by competent contractors, for example for gas and electrical installations, to ensure the safety of the Caravan and produce the certificates to us on request in accordance with the park rules. 

6.2.3    It is your responsibility to market the Caravan for sale (privately or through an agent) and to find a buyer for the Caravan. Searles can give you guidance on ways of marketing your holiday home. Searles may offer to act as an agent for you for an additional fee, if this is of interest the sales team will be able to provide you with the details of the service and the relevant costs.

6.2.4    You agree to write to us telling us the price at which you intend to sell the Caravan to your buyer. We are entitled to buy the Caravan from you, without charging you any Transfer Fee, during the five Working Days after our receiving your letter. If we wish to buy the Caravan 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 reasonable enquiries. You must tell us the name and address of your prospective buyer for the Caravan. 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 to 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 with 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 buyer 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 us 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 him/her 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 than 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 I 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 by leaving the Caravan 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    S/he attends a meeting with us should we require one; and 

7.2.3    Following reasonable enquiries under clause 7.3 below, 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 contains 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 their 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 with the Family Member 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 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 the procedure set out in 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 must 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 unless not less than 33% of the owners of caravans affected by a proposed change in the Pitch Fee write to us objecting to the proposal within 28 days. If that happens, then you and we shall take the following steps:

8.3.1    Until the reviewed Pitch Fee is determined, you will continue to pay the Pitch Fee at the rate which was last payable under this Licence Agreement.

8.3.2    You will pay any shortfall between the rate at which Pitch Fees have been paid and the reviewed rate within 28 days after the reviewed Pitch Fee has been determined.

8.4       When we review the Pitch Fee we may take into account the following factors:

8.4.1    Any charges 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.

8.5       Clauses 17.2, 17.3, 17.4 and 17.5 of this Licence Agreement apply in the event of dispute over a proposed increase in the Pitch Fee which we are not able to agree between us. 

8.6       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 will 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, 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 or other utility 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 will be as short as 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.

9.6       We will always reconnect the Caravan after 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 about 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, 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)), 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 you and 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 month’s 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 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 disconnect and 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 selling 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 to us the costs we incur (acting reasonably) in the removal and disposal of the Caravan.

13.4     Otherwise we may, on not less than one month’s written notice to you, 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 this 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. 

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 this Licence Agreement, we will repay to you in full on the same scale set out in the table in clause 

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 and safety, the efficient running of the Park, environmental issues, local authority requirements, and/or changes in law 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 I of this Licence Agreement makes it clear: 

• whether or not you are allowed to Hire out the Caravan on a voluntary or a compulsory basis
• and if so, 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 to your Caravan. 

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 I of this Licence Agreement

17.2     We may refer questions arising under clauses 9 or 13.3 to an Independent Surveyor.

17.3     We may agree between us to refer any dispute to an arbitrator (or in Scotland, an arbiter).

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

We agree that any letters or other communications between us shall be sent to the address appearing in Part I 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

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.

Park Rules 1 to 40

The following rules of occupation are for the good management of the park and the benefit of all who use it. These rules form part of the agreement by which you occupy your pitch.

1. No deliveries of post will be accepted on site.
2. All occupiers at the park must comply with the conditions attached to the site licence, which are available at the Reception.
3. No holiday home shall be used for sleeping a number of persons greater than for which it was designed.
4. Owners receive 2 main passes that have access to the clubs, pool and gym, 8 additional family passes for the clubs and pool and a discounted price for 2 of the above members for the 9 hole golf course. All members get discount on their food and drink in the clubhouses. Discount is also available at other company owned venues. Passes are non-transferable. Children at an age where they would enter and leave the clubhouse unaccompanied by an adult would need to have their own pass.
5. When using the pools children under the age of 12 must be supervised by a person over the age of 18 years old.
6. If you have friends or family staying in your holiday home who are not cardholders, you must notify us in writing at least one week before arrival, a temporary pass will be created for them to pay for and pick up at Reception. You are responsible for the behaviour of your guests. Non-Staying visitors to the park must leave by 11.00pm.
7. One member of any party using the holiday home must be over the age of 21.
8. The Park is private property and we reserve the right to refuse anyone who is staying without prior permission/notification.
9. We do not permit workmen, traders or salesmen access to the park, except with prior written consent. The relevant forms to be filled in for this consent are available from the owners customer services office. 
10. Outside taps, if required, must be fitted by Searles and there will be an additional charge on the water rates.
11. Any callout of maintenance will incur a minimum charge of half an hour unless it is an external site problem, eg gas related, resetting an external electric trip or water from stop tap down. If repeated callouts for external trips of gas or electric are found to be the fault of an item inside the caravan, the callout will be charged.
12. The occupier is responsible for the sewerage connection from ground level upwards, electrical connections from the meter housing, gas from the regulator & water from the external stop tap.
13. The colour of the exterior of the holiday home or decking may not be changed without prior written consent.
14. The holiday home must be kept in a clean and tidy condition at all times.
15. You are responsible for the ground around the holiday home for a distance of approximately 18", which must be kept in a tidy condition. The site will maintain the rest of the area.
16. Planting of trees and shrubs is subject to the company’s prior approval of types and position. Existing trees may not be lopped, felled, removed or damaged without the company’s consent.
17. External fires, including incinerators, are not allowed. Bonafide BBQs are allowed.
18. A Holiday Home must be maintained in a state capable of movement but may not be moved off the pitch without our prior consent in writing. Disconnection and removal of homes from a plot shall only be carried out by the company.
19. Nothing may be displayed in the windows or on the exterior of the holiday home except its name plate or number of a reasonable size.
20. All additions to the holiday home e.g. slabs, decking, storage boxes must be purchased through, supplied and installed by the park. A maximum of 2 storage boxes is allowed per holiday home. We do not allow huts or additional structures by your holiday home, any fences or additional aerials must have prior approval and written consent from the resort.
21. The company (park owner) reserves the right after consultation with the pitch occupier to alter individual pitch boundaries where necessary, and move a holiday home to re-develop the area.
22. No commercial enterprise or business activities are allowed on the park. This also includes renting privately owned holiday homes.
23. The company (park owner) and his employees and agents shall not be liable whatsoever for loss or theft of, or damage or loss to, or theft from, any mobile home or other vehicle or property whatsoever. Further, the occupier shall indemnify the park owner and keep him indemnified from and against all actions, proceedings and claims by a third party. This should be in respect of all and any loss, damage or liability caused by or arising out of neglect or default or wilful act of the occupier or members of his household or guests or visitors.
24. Musical instruments, record players, radios, other appliances and motor vehicles must not be used to cause nuisance to others, especially between the hours of 10:30pm and 8:00am.
25. Ball games are not allowed in the vicinity of the holiday home.
26. We do not accept any dogs restricted by the Dangerous Dogs Act 1991 or bred from such dogs, whether or not of the full breed. If we accept your dog, you must ensure that:
    26.1 - As a minimum, each dog has a current annual vaccination for distemper, canine hepatitis, leptospirosis and parvo virus;    
    26.2 - Each dog is properly supervised, is not dangerous and does not cause a nuisance, harm or threat to anyone;
    26.3 - When our staff need to visit your accommodation (eg. if you have requested a maintenance engineer) you take your dog(s) out or keep them in a different room while these visits take place and comply with any specific instructions provided to you.
    26.4 - You clear up after your dog(s) and dispose of dog fouling in the bins provided.   
    26.5 - Aggressive dogs or noise disturbance will not be tolerated, and you will be liable for any damage caused. 
    26.6 - If we, in our sole and reasonable discretion, consider your dog to be dangerous or to be causing a nuisance, harm or threat to anyone, or that there is a reasonably foreseeable risk of it doing so, we may require you to remove it from the resort. (without refund or compensation). 
    26.7 - All dogs must be kept on a lead under the control of a responsible adult always. Well behaved dogs on a lead are permitted in our dog-friendly zones within the resort. Guide dogs and certified assisting dogs will be allowed in other areas.     
    26.8 - No other pets are permitted without prior written consent.  
27. Vehicles must keep to authorised parking spaces, only two cars can be parked by the holiday home, or three on Fairway & Redgate Court. Occupiers with more than said number of vehicles are obliged to park their vehicle on the reception or golf course car parks.
28. Vehicles must be taxed & insured as required by law, be in running order and be driven carefully on the park not exceeding the speed limits. Drivers on the park must hold a current driving licence & insurance. Vehicles not covered by the road traffic act must not be used on the park, eg scooters, quad bikes etc. Vehicles are brought onto the park at your own risk. Golf buggies can be used on site and on the golf courses subject to signing an agreement (Charge applies) which can be obtained from the owners administration office and must be insured.
29. Commercial vehicles of any size may only be parked on the park with the prior written permission of the company (park owner).
30. No boats, jet ski's, cars etc can be left by the holiday home when the owner is not in residence, there must also be a vehicle capable of towing the boat etc at the holiday home.
31. Revolving washing lines may be used but must be sited by the park to avoid damage to underground services and must be removed when not in use. Wind breaks are allowed, however they must be taken down when you are not staying at the holiday home.
32. All homes must be equipped with a fire extinguisher/blanket, which conforms to the requirements of the Fire Officer. It is recommended that a fire extinguisher of the dry powder type not less than 2 lbs. capacity should be installed in each home. Note: other types of fire extinguishers can be dangerous in confined spaces.
33. The chimney flue and cowl of all homes must be kept in good repair. Sparks or objectionable smoke should not be discharged. Ventilation in the holiday home must not be obstructed.
34. Access to the holiday home out of season cannot be guaranteed as to site work in the winter. You may visit your holiday home for maintenance or to remove items but it cannot be used as a base for the day and cannot be stayed in overnight. Services to the holiday home may be disconnected during the out of season times. Vehicles are not to be driven onto the grass during the out of season period.
35. Guns, firearms or offensive weapons of any description shall not be brought on the park.
36. You must act in a courteous and considerate manner towards us and other customers of ours. Children must be supervised properly so that they are not a nuisance or danger to themselves or others.
37. You agree that you will not, commit any criminal offence at the Park or use the Holiday Home for the furtherance of any criminal activity, commit any acts of vandalism or nuisance or use any unlawful drugs.
38. Any violation of these rules will constitute a failure to keep to the agreement by which you occupy your pitch and could result in the cancellation of the agreement.
39. The park rules can be amended by the park, owners will receive a month's notice of the amendments before they come into effect.
40. CCTV – If you install a camera you must adhere to the latest ICO (Information commissioner’s office) regulations on the use of CCTV. This includes but is not limited to: 1. Warn visitors to your accommodation by a prominent external notice attached to it, the format and wording of which you must agree with us (Our agreement not to be withheld unreasonably).  2. Only capture images of the area immediately around your accommodation and not of any other part of the park, such as path or road, or any other caravan or its pitch and the area immediately around it. 3. Provide some of the recording if asked by a person who’s images have been captured. 4. Ensure the CCTV system must regularly or automatically delete footage. 5. In most circumstances, delete recordings of people if they ask and stop recording a person if they object to being recorded but only if it is possible to do so. For example, if they can point the camera in a different direction but still use it for the same purposes, e.g keeping their property safe.

WARRANTY

Any holiday homes sold on a commission basis (Private sales) will have had a gas check but are otherwise sold as seen. All Holiday homes sold that were owned by Searles will have a warranty as described below.  

If you purchase a new/unused show home you will receive a full years warranty unless stated differently on your sales agreement. In the majority of instances this will be honoured by the manufacturer, if they do not cover the full term this will be honoured by Searles Leisure Group. Show homes may have minor marks or signs of wear consistent with being a show home that are excluded from the warranty.

Manufacturers aim to have all work carried out within 8 weeks of reported requests subject to parts availability. 

The manufacturer cannot provide a specific date for work but will normally provide a week commencing date for work to be carried out. You do not need to be present, as our copy of your keys is signed out to the engineer.

New holiday homes will have 1 year warranty from handover, extended warranties on certain things may be offered by different manufacturers. 

Lodges may have the option to sign up for the 10 year Gold shield cover or other similar cover. This needs to be applied for within one month of purchase and is between yourself and the Goldshield group. If your lodge qualifies for cover you will have an information booklet in the lodge. 

The following are covered for one year from purchase/handover date. 

• Chassis/Floor/Structure.
• Boiler/Central Heating
• Electrics & electrical items supplied
• Plumbing
• Fixtures & fittings including carpets, furnishings etc (excludes general wear and tear)
• Glazing breakdown, different manufacturers may offer specific extended warranties on this so check your manual for the term applicable. The extended warranty may be from first delivery of the holiday home not from when you purchased. You will have a minimum of 1 year from purchase regardless.
• Adjustment of external doors and windows
• PLEASE NOTE: On newly delivered Caravans and lodges scratches, damage, missing items etc must be notified within 24 hours of handover.
• If you have any warranty issues, apart from the items that need to be reported within 24 hours or urgent, please compile a list over the first month of ownership, so that they can be reported and rectified in one visit.
• If you have purchased a new lodge, as they are delivered in two sections, there will be a certain amount of settlement within the first twelve months. This can result in cracks appearing between wall and ceiling joins, this is perfectly normal and will be rectified under warranty 

Warranty periods for pre-owned holiday homes

Pre-owned Lodges                  Sale price up to £40,000 = 3 months

                                                £40,001 to £100,000 = 6 months

                                                £100,001 + 12 months

Pre-owned Caravans              Sale price up to £20,000 = 3 months

                                                £20,001 to £40,000 = 6 months

                                                £40,001 +  = 12 months

Warranty cover for Pre-owned Holiday homes 

Holiday homes sold on commission (Private sales) are not covered.

This warranty covers:

• Failure of any fitted appliances
• Water leaks, domestic supply and central heating
• Failure of the structure
• Water ingress
• Adjustment of external doors and windows and blown glazing

The following are NOT covered by warranty 

• Wear and tear from previous usage. 
• Any loose electrical items that a previous owner has left that you choose to retain
• Damage caused by further wear and tear, abuse, misuse or accidental damage
• Replaceable items i.e light bulbs ,batteries etc
• All soft furnishings in a used holiday home including but not limited to carpets, seating, lightshades, beds, curtains, blinds and mattresses are excluded from the cover provided.
• Cupboard/wardrobe/internal door adjustments
• Deckings bowing, miscoloured, wobbly posts or mis-aligned gates etc unless it could be dangerous. Wooden decks are sold as seen with the holiday home so will not be re-stained, they are not covered under warranty unless they need work for safety reasons.   

WITH ALL HOLIDAY HOMES ANY DAMAGE CAUSED BY FROST ACTION IS NOT COVERED BY UNDER WARRANTY.

Terms and Conditions of warranties

The warranty is effective from the date of handover and is not transferable.

All warranty claim repairs must have prior authorisation from the park.

Cover only applies to components which form part of the manufacturer’s standard specification.

Damage or defects caused by alterations made to your holiday home after the handover date are

not covered. 

In the interests of safety, repairs must be carried out either by the park’s team members, by a member of the manufacturer’s engineering support team or by a Searles Leisure Group Limited approved and appropriately qualified contractor.

We will try to match any replacements in colour and pattern where possible but this cannot be

guaranteed and we reserve the right to substitute as necessary if an exact match cannot be sourced.

Reasonable wear and tear to your holiday home should be expected. Normal wear and tear consistent with the age and usage of your holiday home is not covered.

It is your responsibility to ensure that normal maintenance is carried out on your holiday home

to prevent deterioration. Cover excludes deterioration caused by neglect or by failure to carry out normal or specific maintenance such as draining down and winterising your holiday home.

Defects due to condensation, damp, mildew, fungus, dry rot, corrosion, leakage or ingress of water are not covered unless they are due to a manufacturing defect.

Cover is limited to the cost necessary to carry out the repair of a defect.

Cover excludes protection against things such as loss or damage to your holiday home or contents

resulting from fire, flood, severe weather conditions, theft or attempted burglary, explosion and malicious or accidental damage. You must have separate insurance cover for these things.

The warranty excludes any defect that was notified to you at the time of purchase and noted on the sales agreement.

All new holiday homes are provided with a manufacturer’s warranty which may provide cover for some elements beyond the initial first year. If this applies to your holiday home, Searles Leisure Group Limited will help you to secure the benefit of any such cover.

The terms of this warranty do not affect and cannot exclude your statutory rights. 

Terms and Conditions are correct at time of publication and subject to change.