Terms & Conditions
Park Rules
1. The speed limit within the park is 5 m.p.h. and must be strictly observed in the interests of safety of other park users. Only holders of a current Driving Licence and Insurance are permitted to drive any vehicle within the park.
2. Motor vehicles are permitted on the Park at the rate of one per caravan. Additional vehicles are allowed to park at the discretion of the Park Owners and must be parked as and where directed. Commercial vehicles are allowed only with the prior consent of the Park Owners and must be parked as directed.
3. A fire extinguisher of a minimum capacity of 1.5 kg dry powder, of a standard approved by the Fire Officers Committee and to British Standard Specification, must be provided in each caravan in a prominent position and maintained in a viable working condition.
4. Dogs and domestic pets are allowed on the park with prior consent of the Park Owners, providing they are kept under control, are not a nuisance or danger, they are not left unattended in caravans and are kept on a short lead when outside the caravan. Dogs are not allowed in the children’s play area, the office, shop or the toilets and must not be permitted to range freely in the woodland areas. All “accidents” must be cleared up in order to safeguard public health. Dogs and cats belonging to visitors, are not allowed on the park.
5. In the interest of safety washing lines are not permitted, washing should be hung on approved window bracket frames located only on the entrance door side of the caravan. Washing must not be dried outside at weekends or Bank Holidays.
6. The space underneath each caravan and the immediate vicinity must be kept clean, tidy and free of domestic chattels. The caravan owner is responsible for trimming the vegetation for a strip 9” wide around the perimeter of the caravan. Grass cuttings and garden debris must be disposed of as directed by the Park Owners.
7. The planting of small shrubs and flowers is approved and encouraged in a border 3ft wide at the front and near side of each caravan.
8. The topping, pruning or felling of any tree or shrub is not permitted for any reason; where and when necessary, any ‘surgery’ will be carried out only by the park employees.
9. The land around the Park is private and farmed; all patrons of the Park and their visitors must not trespass on adjoining land for any purpose whatsoever. Please observe the Country Code.
10. The privacy, convenience and enjoyment of other caravan owners must be respected. Between the hours of 11 pm and 8.30 am noise disturbance for any reason must be kept to a minimum.
11. Radios, televisions, sound systems and musical instruments must not be operated in a manner likely to cause annoyance to others.
12. As stated in Part I of the Licence Agreement, hiring out of the caravan is not permitted. This means that the use of any caravan is restricted to the owner, his immediate family and his bona-fide guests. For security reasons, when anyone other than the owner is using a caravan, the Park Owners must be informed in advance, of the name and address of all persons who will occupy the caravan. If you require Moss Wood to hold a key on your behalf, you must provide written authorisation to release the key to a third party.
13. Guns, firearms or weapons of any type are not allowed on the Park, and the pursuit of game or setting traps is prohibited.
14. Refuse for disposal should be contained in a bag and placed in the nearest available Eurobin. Objects such as bicycles, fridges, bedding or anything bulky are not accepted by our refuse contractors and it is your responsibility to remove such items from the park. In no circumstances should refuse bags be left on the ground, it attracts the attention of dogs, cats and vermin: and also looks unsightly. For their safety! Do not send young children to use the refuse bins. Please make use of the re-cycling bins where appropriate.
15. The water, electricity and gas supplies to your caravan should be turned off whenever the caravan is left unattended. No responsibility will be accepted by the Park Owners, for any accident, leakage or damage which may arise as a result of the connections to the site services and which is not our fault. Caravan owners are responsible for the frost damage protection in respect of their caravans.
16. The electricity supply is limited to approximately 16 amps. If the service is overloaded causing the circuit breaker to trip, a call out and re-connection fee of £ 5.00 will be charged. Stakes or ground anchors must not be driven in to the ground without first consulting the Park Owners. Serious damage could be caused to the services and maybe to yourselves.
17. Bottled gas supplies should be ordered and paid for before 3pm Monday to Friday and before 10am at the weekend and will be delivered before 5 pm. All deliveries requested out of these hours will be subject to a price surcharge in accordance with the price schedule we publish from time to time. It is recommended that caravans should be equipped with an extra cylinder to avoid running short of gas.
18. A dedicated children’s play area is provided and the open field behind reception is available for ball games. In order to avoid disturbance to others and the possibility of accidents, ball games are not allowed within the caravan areas. The play areas are unsupervised and must not be used after sunset: young children should at all times be under the control and supervision of a responsible adult.
19. In the interests of security, all persons visiting the park by invitation of caravan owners or for the purpose of trade, buying or selling, repair, deliveries or other work must first report to the office. Argos delivery vehicles are not permitted on the park for any reason. Vehicles in excess of 3.5 tonnes will not be permitted past reception.
20. Contractors carrying out work on or around your caravan must first provide to the park a risk assessment, method statement and a copy of their third party insurance.
Guidance
This section does not contain any conditions or rules. We use it to highlight some practical points about spending time on our park and to remind you of some of the important conditions and rules in a less formal way.
1. Outside the park, the roads in the vicinity can be narrow and regularly used by large vehicles some with implements, cattle, sheep, pedestrians and cyclists. Beware of the unexpected. Please drive with care and at a moderate speed. If in the slightest doubt when meeting horses or farm animals stop and allow them to pass you. It puts the onus on other users of the road and could enhance the image of caravan users.
2. External structures around and between caravans, such as sheds, storage boxes, decking, balconies and fencing can be subject to the constraints of the Site Licence, Fire Regulations and Planning Regulations. Our prior approval is therefore required under clause 4.8 of the Licence Agreement before erecting any such structure on the caravan pitch.
3. As you are responsible for the behaviour of anyone who visits the park at your invitation, you are also jointly responsible with them for any damage or liability they cause and may be asked to indemnify us against any claim we receive as a result of anything they may have done or failed to do.
4. We are only liable to you or your visitors for any loss or damage if we have been negligent. You should make sure that your insurance covers all your proposed activities on the park.
5. Your Licence Agreement requires you to keep your caravan fully insured against all usual risks, including fire, storm damage, third party and public liability in adequate sums (not being less than £2 million) and to provide us with up-to date details of this insurance if it is not arranged by the Park.
6. Fats, oils, strong detergents and disinfectants upset the biological treatment process and should not be poured down the drains. (Disposable nappies, rags, discarded clothing and contemporary plastic backed feminine hygiene products block the drains and pumps, some plastics are not biodegradable, please dispose other than down the drain). Charges for the sewage and associated environmental services are included in the Rates account.
7. The services provided to each pitch are mains water, electricity and mains drainage. Whilst it is the intention to provide these services throughout the holiday season, the park is in a rural area and Clause 3.1 of the Licence Agreement provides that we are not responsible for any interruption to service which is beyond our control.
8. We want everyone who visits our park to have a great time and safe time. For these reasons we reserve the right to change these rules from time to time; please make sure that you familiarise yourself with any changes.
9. Persistent or serious breaches of any of these park rules or unreasonable behaviour of caravan occupants depriving other occupiers of enjoyment of their caravans may lead to termination of the licence agreement in accordance with Clause 11 of the Licence Agreement.
Licence Agreement for Holiday Home Owners
Please note that references to ‘Part I’ relate to your personal agreement made with Moss Wood Caravan Park on your purchase and/or siting of your static caravan holiday home at Moss Wood Caravan Park.
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 Alternative Dispute Resolution” (ADR) means any form of dispute resolution which may be agreed between you and us as an alternative to court proceedings to help you and the park owner/operator resolve the dispute.
1.3 “Caravan” means the caravan holiday home described in Part I.
1.4 “Commission” means the payment at the agreed percentage rate (plus VAT) in the Key Terms of this Licence Agreement, that 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.
1.5 “Disconnect” means the disconnection of the caravan from the utilities and/or services on the Park.
1.6 “Disconnect and move” means the Disconnection and movement of the caravan whilst this Licence Agreement remains in effect (e.g. to another pitch on the park)
1.7 “Disconnect and remove” means the disconnection and removal of the caravan following the termination of this Licence Agreement (e.g. into storage or off the park).
1.8 “Disposal” means to dispose/get rid of the caravan (e.g. via sale or scrappage).
1.9 “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.
1.10 “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).
1.11 ”Independent Surveyor” means a surveyor appointed for the purpose of determining any dispute under clause 9 of this Licence Agreement.
1.12 “Inflation” means the movement of the General Index of Retail Prices 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 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 published by a public body.
1.13 “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.
1.14 “Pitch” does not include any part of the Park except that on which the caravan stands.
1.15 “Pitch Services” means the services which we provide for you and which are listed in Part I.
1.16 “Pitch Fee Review Date” means the day set out in Part I on which the Pitch Fee is changed underclause 8 below.
1.17 “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.
1.18 “we/our/us” means the Park Owner described in Part I.
1.19 “you/your” means the Caravan Owner/Buyer described in Part I. If a finance company is named as the Owner/Buyer, then “you/your” means the person(s) (whose details appear in the finance agreement) who bought the caravan. Where there is more than one person described as the caravan owner in this Licence Agreement, each is fully responsible and jointly and severally liable for the obligations under this agreement. This means that each person could be held liable for the debts of all.
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 or transfer the caravan to anyone else including a Family Member.
2.2.2 However, we will give a new Licence Agreement on the terms set out in clauses 6 and 7 below, giving equivalent permission to keep the caravan on the Pitch on terms no less favourable than those contained in this Licence Agreement:
– To a buyer who is approved by us or
– To a Family Member who is approved by us to whom you give the caravan or
– To a Family Member who is approved by us and who inherits the caravan.
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 or Family Member on reasonable grounds. If this is the case we will tell you what these are and any subsequent dispute will be dealt with under clause 16.1.
2.2.3 The benefits of any payment made in relation to the pitch fees and charges made under the previous Licence Agreement will be transferred to the new licence agreement.
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 by fire, natural disaster or other 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 will provide you with clear information each year, free of charge, on those compulsory charges, in addition to Pitch fees, which you are required to pay to us under this Licence Agreement as a caravan owner on the Park. Fees for any other chargeable maintenance and other services that we provide will be available on request.
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 exceptwhere these have to 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.
3.6 We will hold a key on your behalf in a secure key cabinet at the park. This will be released to you as the owner on request, or in your absence to a third party for a specific purpose, e.g. for maintenance purposes, only with your prior written agreement, or, in case of emergency or for urgent safety reasons, to a staff member.
3.7 We may carry out an annual gas check on the caravan in accordance with the provisions of clause 4.6.
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 acouncil tax bill, utility bill or driving licence in your name. 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 3% per annum over the published base rate of Barclays Bank plc (in Northern Ireland, the Ulster Bank) on any undisputed sums overdue.
4.5 To insure the caravan against all usual risks including fire and smoke, explosion, lightning and thunderbolt, earthquake, riot, civil commotion, strikes and labour disturbances, aircraft and other aerial devices or anything dropped or falling from them, storm or flood, theft or attempted theft, escape of water or oil from any fixed domestic water or heating installation, collision by any vehicle or animal, breakage or collapse of television or radio aerials, satellite receiving dishes, their fittings or masts, malicious acts or vandalism, water freezing in any fixed domestic water or heating installation, falling trees, telegraph poles or lampposts or any parts of them, accidental damage to underground service pipes and cables for which you are responsible, accidental breakage to fixed glass in windows, doors, fanlights and skylights and ceramic hobs in fixed appliances, accidental breakage of sanitary fixtures, subsidence, heave or landslip of the site on which the caravan stands, accidental damage, architects, surveyors legal and other fees to re-build or repair the caravan, cost of removing debris, demolishing, propping up or supporting parts which have been damaged, the additional costs of rebuilding or repairing the damaged parts of the caravan to meet any Government or Local Authority requirements, cost incurred in the delivery and/or re-siting of any structure at the insured premises, loss of rent and alternative accommodation, Property Owners Liability, Public and Employees Liability (e.g. to cover third parties employed for cleaning, sub-letting, etc.).
4.5.1 The sum insured for loss of or damage to the caravan shall include the following:
4.5.1.1 the retail price on the Park of a new caravan of a similar type and size to the caravan,
4.5.1.2 the cost of replacing any existing ancillary structures (for example steps),
4.5.1.3 the cost of clearing wreckage from the Pitch and disposing of the caravan destroyed by fire, natural disaster or other similar occurrence, and
4.5.1.4 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 £2,000,000.
4.5.3 Unless you insure through our agency or by using our brokers, you agree to provide proof of insurance by providing us with a copy of your insurance details each year. Where such a check takes place we are entitled to, and may, charge a reasonable annual fee to check that adequate cover is in place and for maintaining administration records, copying and invoicing.
4.6 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.
4.7 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.
4.8 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.
4.9 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).
4.10 To permit us to disconnect, disconnect and move or disconnect and remove the caravan from the pitch in accordance with the rights we have under clauses 9, 11 and 13 of this Licence Agreement.
4.11 You have an obligation to arrange with us the disconnection and removal of the caravan from the park following the expiry of the Agreement Period (for whatever reason) in accordance with clause 13.1 unless we have agreed to enter into a further agreement. To maintain standards on the Park and to prevent damage to the Park and its installations, any work in disconnecting 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 disconnecting and removing the caravan from the park or for disconnecting and moving the caravan (e.g. to another park) 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 any work in disconnecting and moving or removing the caravan. 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 a suitably qualified and appropriately insured contractor(s) we will charge you no more than the contractor(s)’ quotation for the work.
4.12 To comply with the prohibition on the hiring out of the caravan as described in Part I.
4.13 To comply with the provisions of clauses 6 and 7 below when selling or gifting the caravan or when it is inherited.
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 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.
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 keep or carry any firearm or any other weapon at the Park.
5.3.5 use any unlawful drugs.
5.3.6 create undue noise or disturbance.
5.3.7 carry on any trade or business at the Park.
5.3.8 permit to occupy the caravan anyone who to your knowledge:
5.3.8.1 has committed a sexual offence against a child (other than one that is spent by reason of the Rehabilitation of Offenders Act 1974);
5.3.8.2 is subject to the notification requirements of the Sexual Offences Act 2003 (as amended) (‘on the sex offenders register’)
5.3.8.3 has been issued with a Risk of Sexual Harm Order or a Child Abduction Notice.
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 to a buyer approved by us in accordance with the provisions of clause 6.2
6.1.3 Or off the park so long as you arrange the removal of the caravan through us and pay our charges for disconnecting 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 as follows:
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 and to write to us again if 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 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 Commission during the seven 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. We shall send you the payment for the caravan within seven days after sending you notification of our decision to purchase the caravan.
6.2.3 You arrange all relevant safety checks by suitably qualified and appropriately insured contractors, for example for gas and electrical installations to ensure the safety of the caravan and produce the certificates to us on request.
6.2.4 You market the caravan and find a buyer. If the final selling price is less than the price that you originally intended to sell the caravan, we are entitled to buy the caravan from you, for the same price, without charging you any Commission. If we wish to buy the caravan under this arrangement, the same provisions as in clause 6.2.2 will apply.
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 agree to inform us of the name and address of your prospective purchaser. If we wish to we may require a meeting with your buyer in person. 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 this is the case we will tell you what these are and any subsequent dispute will be dealt with under clause 16.1.
6.2.6 The transaction must be conducted through our office. We will receive all purchase monies from your buyer and will promptly pay and account to you for the same, subject to discharging any finance outstanding on the caravan of which you have notified us in writing and payment to us of the Commission and VAT.
6.2.7 Where we have approved your buyer and the sale has been transacted, we will give him 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.
6.2.8 Before we issue the new agreement to your buyer we will charge you a Commission at the percentage rate (plus VAT) stated in Part 1 of this Licence Agreement of the price paid for the caravan as explained in clause 6.2.6 unless we are proven to be in serious breach of our obligations under this Agreement.
6.2.9 Apart from the Commission, 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 representatives after your death.
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 either by will or as the result of the operation of the law relating to intestacy as long as we approve the Family Member who receives the gift.
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 pitch 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 he 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 is to you, without charge.
7.3 The rights contained in this clause 7 do not affect the right of your personal representatives 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).
7.4 We will undertake that any enquiries that we may make under this clause are carried out 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. Our approval will not be unreasonably withheld. If approval is withheld we will tell you why and any subsequent dispute will be dealt with under clause 16.1.
8. Review of pitch fees.
8.1 On the Pitch Fee Review Date we are entitled to change the Pitch Fee. We must give you at least 30 days’ notice in writing before the Pitch Fee Review Date of a proposed change in the Pitch Fee.
8.2 We will give you a written explanation of the reasons for any change which is proposed.
8.3 The proposed change to the Pitch Fee will become payable with effect from the Review Date in accordance with the criteria set out in 8.4 below:
8.3.1 If you object to the proposed increase in pitch fee you must write to us within 30 days. 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 30 days after the reviewed Pitch Fee has been determined.
8.3.3 The question of the amount of the reviewed Pitch Fee will be determined either by agreement between you and us, or dealt with as a dispute under clause 16 below.
8.4 We will review the Pitch Fee having regard to the following criteria:
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 Clause 16 below applies in the event of dispute over a proposed increase in the Pitch Fee.
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 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.
9.1.1 We are allowed to disconnect and move the caravan for the purposes of redevelopment and/or maintenance of the Park and when this happens we will give you at least 30 days’ notice in writing. 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 or other utility company, we will give you as much notice as we can.
9.1.2 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.
9.2 We will be responsible for all reasonable costs incurred in disconnecting and moving the caravan.
9.3 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.
9.4 Any dispute arising under clause 9.3 above as to the pleasantness of the alternative pitch or the question of whether the original pitch is of similar quality by reason of the development may be referred to an Independent Surveyor or dealt with under clause 16.1.
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 will 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 all 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 (e.g. 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 will write to you, specifying the breach(es) and asking you to remedy the breach(es) within a reasonable and specified period (e.g. the breach(es) must be remedied within at least 30 days of receiving the notice). 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 disconnect the caravan and 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 30 days.
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 30 days’ 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 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. In accordance with clause 4.11 above any work in disconnecting or removing the caravan must be doneby us or through our contractors for which you agree to pay us our reasonable costs. Payment of our costs in the disconnection and removal or movement 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 disconnection and removal of the caravan through us, we are entitled to disconnect and move it off the pitch or remove it off the park ourselves after giving you not less than 14 days’ notice in writing of our intention to do so. We are also entitled to charge you storage costs from the date of termination. In these circumstances you authorise us to dispose of or sell the caravan (at a price not less than the price determined by a recognised caravan industry valuation guide). We will account to you for the sale proceeds minus the costs we incur (acting reasonably) in disconnecting, moving/removing and disposing or selling the caravan. Where a ‘book value’ (valuation) is not available (e.g. because the caravan is not listed), we will seek the best sale price reasonably achievable in the circumstances (e.g. best bid from two traders).
We have the right to exercise a general lien (i.e. the right to take possession of and to prevent you from gaining access to, using or moving the caravan whilst on the park) until such time as any sums in excess of £500 which are due from you to us under this Licence Agreement are paid. The terms of this Licence Agreement are subject to the Torts (Interference with Goods) Act 1977. If, following the termination of the Licence Agreement, you fail to pay us any sums which you owe to us under this Licence Agreement, we shall be entitled to sell or otherwise dispose of the caravan and its contents after giving you not less than 14 days’ notice in writing of our intention to do so. Following any sale of the caravan and its contents by us we will repay any sale proceeds to you after deducting any sums due to us under this Licence Agreement, and any reasonable legal or other expenses incurred in the disconnection, removal, disposal and or sale 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.
13.3.1 Where the date of termination is before 30 June, and where the number of months since the payment date to the end of the month of termination is as follows:
Months since due payment date / Percentage refund due
Up to 1 / 80%
1 to 2 / 70%
2 to 3 / 60%
3 to 4 / 50%
4 to 5 / 40%
5 to 6 / 30%
6 to 7 / 20%
7 to 8 / 10%
8 or over / No refund
13.3.2 Where the date of termination is after 30 June no refund is due.
13.3.3 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 terminate the Licence Agreement, we will repay to you on the same scale set out in the table 13.3.1 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. See clause 13.2.
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 or regulations imposed upon us, in which case we will notify you in writing to your current address.
14.2 Any changes to the Park Rules made after the signing of this Licence Agreement will not affect anything else to which you are entitled under this Licence Agreement.
15. Hiring out the caravan.
15.1 The hiring out of the caravan is not permitted under any circumstances, as stated in Part I.
15.2 You may allow friends, family and acquaintances use your caravan from time to time. Non-family members are restricted to a maximum of five visits in any one season and must sign in at reception on arrival and sign out on departure.
16. Disputes.
16.1 In the event of a dispute that cannot be resolved between you and us, we offer access to Alternative Dispute Resolution (ADR) such as the NCC Informal Dispute Resolution Service (NCCIDRS). We will tell you about this. In the event of a dispute we will also comply with the complaint handling requirements of the NCC Holiday Park – Holiday Home Ownership Code of Practice or any other similar Code of Practice. If you prefer to use another ADR channel or to have the matter dealt with by the Courts then this Licence Agreement does not restrict your rights to do so.
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 to an Independent Surveyor.
17. Severability.
17.1 If any element(s) of this Agreement is (or becomes) invalid, illegal and/or unenforceable, it shall be deleted. Any deletion under this clause shall not affect the validity and enforceability of the rest of this Agreement.
18. Communications.
18.1 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.
19. Statutory Rights.
19.1 Nothing in these terms and conditions will affect your statutory rights relating to either faulty or misdescribed goods, or poor quality services.
Licence Agreement for Seasonal Touring Caravans
Please note that references to ‘Part I’ relate to your personal agreement made with Moss Wood Caravan Park on your agreement to site your caravan at Moss Wood Caravan Park on a seasonal basis.
- 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 ‘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.
1.4 ‘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).
1.5 ‘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.
1.6 ‘Inflation’ means the movement of the General Index of Retail Prices 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:
Calculating the sum due from you before we are entitled to retain the Caravan under clause 13.5
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 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 which we provide for you and which are listed in Part I.
1.10 ‘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.
1.11 ‘we/our/us’ means the Park Owner described in Part I.
1.12 ‘Working Day’ means Monday, Tuesday, Wednesday, Thursday and Friday, unless these are Bank Holidays.
1.13 ‘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.
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 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 or transfer the Caravan to anyone else including a Family Member.
2.3 This Licence Agreement entitles you to purchase an alternative or replacement caravan provided it meets the Parks approval. We will be able to give maximum dimensions for a replacement caravan and oversee siting of the replacement caravan.
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 have to 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.
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 or driving licence in your name. 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.
4.5.1 To insure the Caravan to its full value against all usual risks including fire and smoke, explosion, lightning and thunderbolt, earthquake, riot, civil commotion, strikes and labour disturbances, aircraft and other aerial devices or anything dropped or falling from them, storm or flood, theft or attempted theft, escape of water or oil from any fixed domestic water or heating installation, collision by any vehicle or animal, breakage or collapse of television or radio aerials, satellite receiving dishes, their fittings or masts, malicious acts or vandalism, water freezing in any fixed domestic water or heating installation, falling trees, telegraph poles or lampposts or any parts of them, accidental damage to underground service pipes and cables for which you are responsible, accidental breakage to fixed glass in windows, doors, fanlights and skylights and ceramic hobs in fixed appliances, accidental breakage of sanitary fixtures, subsidence, heave or landslip of the site on which the Caravan stands, accidental damage, architects, surveyors legal and other fees to re-build or repair the Caravan, cost of removing debris, demolishing, propping up or supporting parts which have been damaged, The additional costs of rebuilding or repairing the damaged parts of the Caravan to meet any Government or Local Authority requirements, cost incurred in the delivery and/or re-siting of any structure at the insured premises, loss of rent and alternative accommodation, Property Owners Liability, Public and Employees Liability.
4.5.2 The sum insured for Property Owners Liability, Public and Employees Liability shall not be less than £2,000,000
4.5.3 You agree to provide proof of insurance by providing us with a copy of your insurance details each year.
4.6 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.
4.7 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.
4.8 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, satellite dish 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.
4.8.1 Satellite Dishes and TV aerials must be attached to the caravan. These items attached to trees or on stakes away from the caravan will be removed.
4.9 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). See also Park Rules clause 18.
4.10 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.
4.11 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.
4.12 To comply with any requirement contained in Part I as to Hiring out the Caravan.
4.13 To comply with the provisions of clause 6 and 7 below when gifting the Caravan or when it is inherited.
4.14 To use the Caravan only during the period of year indicated in Part I of this Licence Agreement.
4.15 To arrange safety checks as reasonably required by the park or statute and make available any certificates on request.
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.
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 keep or carry any firearm or any other weapon at the Park.
5.3.5 use any unlawful drugs.
5.3.6 create undue noise or disturbance.
5.3.7 carry on any trade or business at the Park.
5.3.8 permit anyone who is to your knowledge on the Violent & Sex Offenders Register (or any register which replaces this) 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.
Moving the Caravan - 6.1 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.
6.2.1 We are allowed to 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 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 or other utility company, we will give you as much notice as we can.
6.2.2 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.
6.3 We will be responsible for all reasonable costs incurred in moving the Caravan.
6.4 Following the movement of the Caravan, we are entitled to return the Caravan to its original Pitch or to site it for the remainder of the agreement period 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 for the remainder of the agreement period, we must offer an alternative pitch of similar quality to the original pitch as it was before the move.
6.5 Any dispute arising under clause 6.4 above as to the pleasantness of the alternative pitch or the question whether the original Pitch is of similar quality by reason of the development may be referred to the Independent Surveyor under clause 16 of this Licence Agreement. This does not restrict your right to seek dispute resolution through the courts.
Termination of the Licence Agreement
The Licence Agreement may come to an end in any of the following ways,
7.1 By you giving us notice in writing of your wish to end it.
7.2 Because the Agreement Period has come to an end.
7.3 By the sale of the Caravan or by you losing ownership of it.
7.4 By us terminating it because you have broken your obligations under this Licence Agreement.
When we may terminate the Licence Agreement
8.1 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.
8.2 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 or any other accounts promptly (clause 4.3)) or any other accounts, 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. - 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.
The consequences of termination of the Licence Agreement
10.1 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.
10.2 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 an 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 removal and disposal of the Caravan.
10.3 Where you have terminated the Licence Agreement, Pitch Fees are non-refundable
10.4. Where we end the Licence Agreement due to a breach of the Licence Agreement, Pitch Fees are non-refundable.
10.5 We have the right to retain the Caravan until you have paid any undisputed sum due to us on termination of this Agreement.
Park Rules
11.1 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 or regulations imposed upon us, in which case we will notify you in writing to your current address.
11.2 Any changes made after the signing of this Licence Agreement will not affect anything to which you are entitled under this Licence Agreement.
11.3 Where the park rules give us a discretion or require our prior consent, we will act reasonably. If you do not agree that our decision is reasonable then we will agree any request you make to refer our decision to an arbitrator in accordance with clause 16.1 below.
Hiring out the Caravan.
12.1 Part I of this Licence Agreement makes it clear that you are not allowed to Hire out the Caravan.
12.1.1 You may let friends and acquaintances use your caravan from time to time, non-family members are restricted to a maximum of five visits in any one season and must sign in at reception on arrival and sign out on departure.
Disputes
13.1 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:
13.1.1We 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.
13.1.2 We may refer questions arising under clause 9 or clause 13.2 to an Independent Surveyor.
Communications
14.1 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.
Statutory Rights
15.1 Nothing in these conditions will reduce your statutory rights relating to faulty or mis-described goods. For further information about your statutory rights contact your local authority Trading Standards Department or Citizens’ Advice Bureau.
All information provided here is correct as of 24th March 2017. Although every effort is made to keep this up to date, we recommend checking with Moss Wood Caravan Park that no changes have been made since this website was updated.