Terms and Conditions for Holiday Home Owners
Terms and Conditions Licence Agreement
1. Meaning of Expressions used in this Licence Agreement and Interpretation:
1.1 ‘Agreement Period’ means the period shown as the Agreement Period in Part I.
1.2 ‘Caravan’ means the caravan holiday home described in Part I.
1.3 ‘Commission’ 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.
1.4 ‘Family Member’ means your spouse, civil partner, parent, grandparent, child, grandchild, brother or sister, and the spouse of any of those persons and treating the stepchild of any person as his child.
1.5 ‘Hire/Hiring out’ means the act of obtaining payment (whether in cash or in kind) for the use of the Caravan by persons (other than you).
1.6 ‘Independent Surveyor’ means the surveyor appointed under clause 16 for the purpose of determining any dispute under clause 9 of this Licence Agreement or for the purpose of assessing the value of the Caravan under clause 13.
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 contained in clause 14.
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 which 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 the Pitch Fee is changed under clause 8 below.
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 ‘we/our/us’ means the Park Owner described in Part I.
1.13 ‘Working Day’ means Monday, Tuesday, Wednesday, Thursday and Friday, unless these are Bank Holidays.
1.14 ‘you/your’ means the Caravan Owner 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 agreement.
2. Permission to keep the Caravan on the Pitch
2.1 We permit 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 each year described in Part 1.
2.2 This Licence Agreement is personal to you and may not be assigned or transferred to any other person.
2.2.1 The Licence Agreement comes to an end when you sell the Caravan to anyone else.
2.2.2 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 by fire or some similar occurrence. You will then be entitled to arrange for us to site a replacement caravan of a similar type and size as the Caravan.
3. Our Obligations
We agree with you as follows:
3.1 We will provide, maintain and keep in good state of repair the Pitch Services to the Caravan except where these must be interrupted for the purposes of repair or for other reasons beyond our control such as interruptions in the supply of services to us.
3.2 We will move the Caravan from the Park or the Pitch only in accordance with the provisions of clauses 9, 11 and 13.
3.3 We will notify you of any changes to the Park Rules in writing as outlined in clause 14.
3.4 We will comply with our obligations if you terminate this Licence Agreement under clause 12.
3.5 We will insure the Park against usual third-party risks to a minimum of £2m per claim.
4. Your Obligations
You agree with us as follows:
4.1 To comply with the terms of this Licence Agreement and the Park Rules.
4.2 To use the Caravan only for holiday and recreational purposes (and not as your only or main permanent residence). You agree to produce to us in response to a written request satisfactory proof that your main residence is at the address registered with us (set out in Part I of this Licence Agreement), such as a council tax bill, utility bill. You agree to inform us in writing of any change in your permanent address.
4.3 To pay the Pitch Fee and other charges due to us on the days set out in Part I.
4.4 To pay to us interest at 4% per annum over base rate from time to time of a London clearing bank (in Northern Ireland, a Northern Irish Bank) nominated by us on any undisputed sums overdue. 4.5 To insure the Caravan against all usual risks on a new for old policy. If you caravan is more than 15 years old, then you can insure market value.
4.5.1 The sum insured for loss of or damage to the Caravan shall include the following:
188.8.131.52 The retail price on the Park of a new caravan of a similar type and size to the Caravan. Unless the caravan was purchased for 15K or less, then a market value policy is sufficient.
184.108.40.206 The cost of replacing any existing ancillary structures (for example steps),
220.127.116.11 The cost of clearing wreckage from the Pitch and disposing of the Caravan destroyed by fire, natural disaster or another similar occurrence, and
18.104.22.168 The cost of delivery, siting and connecting the new caravan (if not included in the retail price).
4.5.2 The sum insured for Property Owners Liability, Public and Employees Liability shall not be less than £5,000,000.
4.5.3 Unless you insure through our preferred agent, you agree to provide proof of insurance by providing us with a copy of your insurance details each year and to pay us an annual fee of £50 for verifying the level of cover, maintaining administrative records, copying and invoicing. This fee is to change each year in line with Inflation up to the previous review date.
4.5.4 To keep the Caravan in a good state of repair and condition both visually and structurally and 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.
4.6 Not to do or omit to do anything which might put us in breach of any condition of the Site Licence which is available on the park in a conspicuous place and to comply with all statutory requirements (including any relevant planning permissions) in relation to the Caravan and its installations and furnishings. For example, the conditions of the Site Licence which are likely to affect you are 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.
4.7 Not to carry out any building works at the Park or to erect any extension to the Caravan or without our written permission to erect any hut, fence, structure, TV aerial or clothes line or to connect any services or utilities to the Caravan. We will only withhold our consent to such works on reasonable grounds.
4.8 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 seven days before the contractors start work (or in the case of emergency, as much notice as possible).
4.9 To permit us to remove the Caravan from the Pitch in accordance with the rights we have under clause 9, 11 and 13 of this Licence Agreement.
4.10 You have an obligation to arrange with us the removal of the Caravan from the Park following the expiry of the Agreement Period (for whatever reason) in accordance with clause 13.1. To maintain standards on the Park and to prevent damage to the Park and its installations, any work in de-siting or removing the Caravan (even after termination of this Licence Agreement) must be done by us or by our contractors. You agree to pay us for 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 de-siting or removing the Caravan.
4.11 To comply with any requirement contained in Part I as to Hiring out the Caravan.
4.12 To comply with the provisions of clause 6 and 7 below when selling or gifting the Caravan or when it is inherited.
4.13 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 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 anyone visiting, using or working on the Caravan or the Park including us, our staff, other customers of ours and users of other caravans and accommodation at the Park. 9
5.2 To supervise children properly so that they are not a nuisance or danger to themselves or others. 5.3 Not to:
5.3.1 Commit any criminal offence at the Park or use the Caravan in connection with any criminal activity.
5.3.2 Commit any acts of vandalism or nuisance.
5.3.3 Use fireworks.
5.3.4 Use any unlawful drugs.
5.3.5 Create undue noise or disturbance.
5.3.6 Carry on any trade or business at the Park.
5.3.7 Permit anyone who is to your knowledge on the Violent and Sex Offender Register under the Sexual Offences Act 2003, or any replacement register, to use or visit the Caravan.
5.4 You accept that any breach of these behaviour standards may bring about the termination of 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 You may sell the Caravan in one of three ways:
6.1.1 to us if we agree
6.1.2 Or on the Pitch if your holiday home is less than 3 years old.
6.1.3 Or off the park so long as you arrange the removal of the Caravan through us and pay our charges for de-siting and removing the Caravan from the Pitch in accordance with clause 4.11 above.
6.2 You agree the procedure for selling the Caravan on the Pitch in accordance with 6.1.2 above as follows:
6.2.1 You agree to write and tell us if you wish to sell your Caravan privately. We will market it for you and charge a commission set out in part 1 of your licence 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 produce the certificates to us on request.
6.2.3 The transaction must be conducted through our office and you appoint us your agent for that purpose. We will receive all purchase moneys from your buyer and will promptly pay and account to you for the same, subject to discharging any monies outstanding on the Caravan.
6.2.7 Where the sale has been transacted, we will give the new buyer a new agreement for the 15 years from date of manufacture.
7. Giving the Caravan Away
7.1 You have the right to make a gift of the Caravan to a proven Family Member including on your death.
7.2 If you give the Caravan to a Family Member or a Family Member inherits the Caravan following your death, the Family Member must arrange for the removal of the caravan within 14 days, or within an agreed reasonable period.
8. Review of Pitch Fees
8.1 On the Review Date we are entitled to change the Pitch Fee. We must give you at least one months’ notice in writing before the Review Date of a change in the Pitch Fee.
8.2 We will review the Pitch Fee having regard to the following criteria:
8.2.1 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.
8.2.3 Sums spent by us on the Park and/or its facilities for the benefit of the owners of caravans. 8.2.4 Changes in our operating costs including those brought about by changes in the law or regulatory change and by taxation.
8.2.5 Market rates for pitch fees.
9. Moving the Caravan
9.1 Within the Agreement Period, we may wish to 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.
9.2.1 We can move the Caravan for the purposes of redevelopment and/or maintenance of the Park and when this happens we will give you at least 28 days’ notice in writing. If the Caravan must 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 or other utility company, we will give you as much notice as we can.
9.2.2 We will ensure that any temporary move to an alternative pitch of similar quality will be as short as reasonably practicable for the redevelopment and/or maintenance work. 9.3 We will be responsible for all reasonable costs incurred in moving the Caravan.
9.4 Following the 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.
10. Termination of the Licence Agreement
The Licence Agreement may come to an end in any of the following ways:
10.1 By you giving us notice in writing of your wish to end it.
10.2 Because the Agreement Period has come to an end.
10.3 By the sale of the Caravan or by you losing ownership of it.
10.4 By us terminating it because you have broken your obligations under this Licence Agreement.
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.
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 or a failure to repair the Caravan (clause 4.6) 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 mounts 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 the Licence Agreement and to require you to make arrangements with us for the removal of the Caravan from the Park within 28 days.
12.When you may terminate the Licence Agreement
You are entitled to bring this Licence Agreement to an end by writing to us giving us not less than two months’ notice. 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.
13. The consequences of termination of the Licence Agreement
13.1 You will arrange with us for the 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. In accordance with clause 4.11 above any work in de-siting or removing the Caravan must be done by us or through our contractors for which you agree to pay us our reasonable costs. Payment of our costs in the movement or de-siting of the Caravan will not be sought if we are proven to be in serious breach of our obligations under this Agreement.
13.2 If following termination of the Licence Agreement you fail to arrange the 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 selling for a sum enough 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 removal and disposal of the Caravan.
13.3 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. Where the number of months since the payment date to the end of the month of termination is:
|Months since due payment date||Percentage refund due|
|Up to 1||80%|
|1 to 2||70%|
|2 to 3||60%|
|3 to 4||50%|
|After 30th June each year||No refund|
The scale of percentage refund payments set out above does not prejudice any further action you take against us if we are proven to be in breach of our obligations under this Agreement.
13.4 Where we end the Licence Agreement, we will repay to you on the same scale set out in the table 13.3 above in full.
13.5 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. We may change the Park Rules at any time by giving written notice to you.
14.2 Any changes made after the signing of this Agreement will not affect anything to which you are entitled under this Agreement.
14.3 Your caravan holiday home may not be used as your main residence and we may ask you to provide evidence of your home address.
14.4 The park cannot be used as a base from which to travel to and from work on a regular basis.
15. Hiring out the Caravan
15.1 Hiring out of caravans is not permitted.
16.1 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:
16.1.1 We may agree between us to refer any dispute to an arbitrator (or in Scotland an arbiter) as an alternative to going to Court but if you prefer to go to court this Licence Agreement does not in any way inhibit you from doing so.
16.1.2 We may refer questions arising under clause 9 or clause 13.2 to an Independent Surveyor.
17.1 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.
18. Statutory Rights
18.1 Nothing in these conditions will reduce your statutory rights relating to faulty or misdescribed goods. For further information about your statutory rights contact your local authority Trading Standards Department or Citizens’ Advice Bureau.
Explanation of holiday use at Pipers Height or Clifton Fields.
We are glad you have chosen Pipers Height/Clifton Fields for your caravan holiday home and are confident you will enjoy many happy holidays here. Pipers Height & Clifton Fields are holiday parks and it is important you consider what that means. The following questions and answers explain the holiday use requirement.
Q. What can my caravan holiday home be used for?
A. Caravan holiday homes at our park can only be used for holiday purposes. This means the holiday home may not be someone’s main residence. That is why we ask you about the address of your main residence and will continue to do so while you own the holiday home.
Q. What is a holiday?
A. A holiday is a period of recreation away from your main residence, during which no work is done.
Q. How long can a holiday be?
A. There is no hard and fast rule because people’s individual circumstances vary so much. The point is that someone who is on holiday has their main residence elsewhere where they mainly live.
Q. How frequently can I have a holiday?
A. There is no limit to the number of holidays which can be taken in the caravan holiday home if it is not used as someone’s only or main place of residence.
Q. Can I work locally, and my children go to local schools?
A. No as commuting to work or school from Pipers Height/Clifton Fields would be taken as strongly indicating the holiday home is being used as someone’s main residence.
Q. Can I register with the doctor locally?
A. Of course, people get ill on holiday and may use the local doctor as a temporary patient. It should not be necessary for someone with a main residence elsewhere to register with the doctor for holiday periods unless they have health requirements.
Q. I am retired and want to use the caravan holiday home all the time?
A. Being retired does not mean you are on holiday. The test is whether you have a main residence elsewhere.
Q. My main residence is overseas does this count?
A. Yes, but all the facts are relevant when deciding whether the overseas property or the caravan holiday home is your main residence. These would include whether you own the overseas property or, if it is rented then how long you have rented it for, how much time you spend in the holiday home and how much in the overseas property.
Q. Can I run a business from the holiday home?
A. No. This would not be consistent with holiday use. However, if someone wanted to keep in touch with their work or business whilst they are on holiday for example, they could use a laptop, tablet or smartphone.
Q. Can I have post delivered to the park?
A. We do not facilitate this. If post is delivered as a matter of course this would indicate the holiday home is being used as a sole or main place of residence.
Q. Can I register for Council Tax to obtain Housing Benefit?
A. No. Business rates and not Council Tax are charged for caravan holiday homes. Paying Council Tax or receiving Housing Benefit to pay the pitch fees would be taken as strongly indicating the holiday home is being used as a main residence.
Q. What happens if I break the holiday restriction?
A. Your licence agreement with us contains your undertaking to comply with the holiday condition. If you broke that we would ask you to stop doing so. If you were to fail to comply, we would be entitled to terminate the agreement and to ask you to remove the caravan holiday home. The planning authority might also take action against you for breach of the holiday condition by serving an Enforcement Notice.