This Agreement does not permit you to use the holiday home caravan as a permanent residence. The address you provide must be the only or main residence to which all correspondence can be sent. You will be required to provide documentary evidence of residence at the address given.
Water - Available at additional charge
Electricity - Available at additional charge
Gas - Available at additional charge
Grounds maintenance - Included in Site Fees
Sewerage - Available at additional charge
Land drainage - Included in Site Fees
Waste management - Available at additional charge
Terms in Brief
Once the Agreement period has expired, you must arrange with us for the holiday home to be removed from Park unless you enter into a fresh agreement. There will be no obligation to enter into such an agreement on you for us.
A commission of 15% plus VAT of the selling price value is payable. This is the rate of commission payable to us on any sale of your holiday home on the pitch.
Your right to replace your holiday home on the pitch is limited to replacement only following destruction by fire, natural disaster or other similar occurrence.
The holiday home is for holiday and recreational use only. It would break this Siting Agreement if the holiday home were used as a permanent residence. The obligations are clearly set out in the 'Terms and Conditions' of this Agreement.
You are entitled to use the holiday home each year between dates specific to each park.
You must comply with the rules of the park as attached and held at Reception. Please note that these may be reviewed and updated from time to time.
You must insure your holiday home in accordance with the 'Terms and Conditions' of this Siting Agreement.
Hiring out of your holiday home is permitted. It may only be for holiday and recreational purposes, and is subject to a separate written agreement between us
The holiday home you have purchased is restricted to holiday use, and must not become residential accommodation. Please note that none of our staff are authorised or able to permit any other use. Holiday Home owners will be required to demonstrate they live elsewhere at a private residential address and confirm their holiday home use is recreational.
Terms & Conditions
1.0 Permission to keep you holiday home on the pitch
1.1 We permit you through the period of this Agreement to keep your holiday home on the pitch at the park and to use it for holiday and recreational purposes during the period of permitted use set out.
1.2 This Siting Agreement is personal to you and may not be assigned or transferred to any other person.
1.3 The Siting Agreement comes to an end when you sell or transfer your holiday home to anyone else including a family member.
1.4 However we will give a new Siting Agreement on the terms set out in 5 and 6 below, giving equivalent permission to keep your holiday home on the pitch on terms no less favourable than those contained in this Siting Agreement.
-To a buyer who is approved by us or
-To a family member who is approved by us and inherits your holiday home
-To a family member who is approved by us and to whom you give your holiday home
We will undertake any enquiries under this clause with reasonable diligence and we will notify you of our approval or otherwise as soon as is reasonably practicable. We will only withhold approval of a prospective buyer or family member on reasonable grounds.
1.5 The benefits of any payment made is relation to the pitch fees and charges made under a previous Siting Agreement will be transferred to the new Siting Agreement.
1.6 This Siting Agreement does not entitle you to purchase any alternative or replacement holiday home except in the event of a total loss caused by fire or similar occurrence. You will then be entitled to arrange for us to site a replacement holiday home of a similar type and size.
2.0 Our Obligations
We agree with you as follows:
2.1 We will provide, maintain and keep in good state of repair the pitch services to the holiday home 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.
2.2 We will only move the holiday home from the park or pitch in accordance with the provisions of clauses 8, 10 and 12.
2.3 A copy of the current park rules will be made available at Reception.
2.4 We will comply with our obligations if you terminate the Siting Agreement under clause 11.
2.5 We will insure the park against usual third party risks at £2m per claim.
3.0 Your Obligations
You agree with us as follows:
3.1 To comply with the terms of this Siting Agreement and the park rules.
3.2 To use the holiday home only for holiday and recreational purposes (and not as your only or main permanent residence). You agree to produce to us satisfactory proof that your main residence is at the address registered with us, such as a council tax bill, utility bill or driving license in your name. You agree to inform us in writing of any change in your permanent address.
3.3 To pay the pitch fee and other charges due to us on the days set out above.
3.4 To pay us interest at 4% per annum over our bank's base rate on sums overdue.
3.5.1 To insure your holiday 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, water freezing in any fixed or 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 holiday home stands, accidental damage, architects, surveyors legal and other fees to re-build or repair the holiday home, 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 holiday home to meet Government or Local Authority requirements, costs incurred in the delivery and/or re-sitting of any structure at the insured premises, loss of rent and alternative accommodation, Property Owners Liability, Public and Employees Liability.
3.5.2 The sum insured for Property Owners Liability, Public and Employees Liability shall not be less than £2,000,000.
3.5.3 Unless you insure through our in house insurance scheme, 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 £35 plus VAT 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.
John Fowler Holidays Limited is an appointed representative of Arthur J. Gallagher Insurance Brokers Limited which is authorised and regulated by the Financial Conduct Authority. Registered Office: Spectrum Building 7th Floor, 55 Blysthwood Street, Glasgow, G2 7AT. Registered in Scotland. Company Number: SC108909.
3.6 To keep your Holiday Home in a good state of repair and condition both visually and structurally including the repair and maintenance of all installations and appliances and undertaking and/or commissioning all relevant periodic safety checks.
3.7 Not to do or omit to do anything, which might put us in breach of any condition of the Site License, and to comply with all statutory requirements (including planning permissions) in relation to the holiday home and its installations and furnishings for example, the conditions of the Site License, which are likely to affect you, are those requiring the space between holiday homes to be kept clear, those prohibiting combustible structures between holiday homes, those regarding car parking and those requiring the underside of holiday homes to be kept clear.
3.8 Not to carry out any building works or extensions to the holiday home without our written permission; not to erect any hut, fence, structure, TV aerial or clothes line or to connect any services or utilities to the holiday home.
3.9 To give us written notice of any work to be carried out to the holiday home 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 as possible).
3.10 To permit us to remove the holiday home from the pitch in accordance with the rights we have under this Siting Agreement.
3.11 You have an obligation to arrange with us the removal of the holiday home from the park following the expiry of the agreement period (for whatever reason). To maintain standards on the park and to prevent damage to the Park and its installations, any work in de-sitting or removing the holiday home (even after termination of this Siting Agreement) must be done by us or by our contractors. You agree to pay us for removing the holiday home from the park or for moving it at your request. Our charges will be reasonable 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 de-sitting or removing the holiday home. 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 the independent contractor(s)' quotation for the work.
3.12 To comply with any requirement detailed above as to hiring out.
3.13 To comply with the provisions of clause 5 and 6 below when selling or gifting the holiday home or when its inherited.
3.14 To use the holiday home only during the period of year indicated in this Siting Agreement.
4.0 Behaviour Standards
By entering into this Agreement you agree for yourself and all people who use or visit the holiday home (including in each case children in their party) to adopt the following standards of behaviour:
4.1 To act in a courteous and considerate manner towards anyone visiting, using or working on the holiday home or the park including us, our staff, other customers of ours and users of other holiday homes and accommodation at the park.
4.2 To supervise children properly so that they are not a nuisance or danger to themselves or others.
4.3 Not to:
4.3.1 commit any criminal offence at the Park or use the holiday home in connection with any criminal activity.
4.3.2 commit any acts of vandalism or nuisance.
4.3.3 use fireworks.
4.3.4 keep or carry any firearm or any other weapon at the park.
4.3.5 use any unlawful drugs.
4.3.6 create undue noise or disturbance.
4.3.7 carry on any trade or business at the park.
4.3 permit anyone who is to your knowledge on the Sex Offenders Register compiled under the Sex Offenders Act 1997 to use or visit the holiday home.
4.4 You accept that any breach of these behaviour standards may bring about the termination of this Siting Agreement. Termination by us is dealt with by clause 10. Any serious breach may result in termination of this Agreement under clause 10.1.
5.0 Selling your Holiday Home
5.1 You may sell the holiday home in one of three ways:
5.1.1 to us if we agree
5.1.2 or on the pitch to a buyer approved by us in accordance with the provisions of clause 5.2.
5.1.3 or off the park so long as you arrange the removal of the holiday home through us and pay our charges for de-sitting and removing the holiday home from the pitch in accordance with clause 3.11 above.
5.2 You agree the procedure for selling the holiday home on the pitch as follows:
5.2.1 you agree to write and tell us if you are putting the holiday home 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 holiday home. You agree to tell us in writing whether the holiday home is subject to finance and if it is, to give us the name of the company and the reference number of the finance agreement.
5.2.2 you arrange all relevant safety checks by competent contractors, for example for gas and electrical installations to ensure the safety of the holiday home and produce the certificates to us on request.
5.2.3 you market the holiday home and find a buyer.
5.2.4 you agree to write to us telling us the price at which you intend to sell the holiday home to your buyer in which case we are entitled to buy the holiday home from you, for the same price, without charging you any commission during the five working days after us receiving your letter. If we wish to buy the holiday home under this arrangement, we will notify you in writing by first class post. If we buy the holiday home from you in this way, we may only deduct from the purchase price we pay to you that are lawfully due to us under this Siting Agreement and any sum needed to settle outstanding finance. We shall send you the payment for the holiday home within five working days after sending you notification of our decision to purchase the holiday home.
5.2.5 if we decide not to purchase the holiday home, 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.
5.2.6 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 finance outstanding on the holiday home of which you have notified us in writing and payment to us of the commission and VAT.
5.2.7 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 is still to run. In other respects the new agreement will contain no less favourable terms to your buyer than this Siting Agreement.
5.2.8 Before we issue the new agreement to your buyer we will charge you a commission at the percentage rate (plus VAT) stated in this Siting Agreement of the price paid for the holiday home as explained in clause 5.2.6 unless we are proven to be in serious breach of our obligations under this Agreement.
5.2.9 Apart from the commission, we will not make any other charges to you or to the buyer of the holiday home without your or the buyer's express agreement or unless additional rights or services are agreed between the parties.
5.3 The rights to sell the holiday home contained in this clause 6 may be exercised by your personal representatives after your death.
6.0 Giving the Holiday Home Away
6.1 You have the right to make a gift of the holiday home 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.
6.2 If you give the holiday home to a family member or a family member inherits the holiday home following your death, the family member may apply to us for an agreement to keep the holiday home on the park, provided that:
6.2.1 the family member permits us to seek suitable references and to carry out appropriate enquiries,
6.2.2 he attends a meeting with us should we require one and
6.2.3 we are reasonably satisfied that the family member will comply with the equivalent obligations to your obligations under this Siting 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 the Siting Agreement is to you, without charge.
6.3 The rights contained in this clause 6 do not affect the right of your personal representatives to sell the holiday home in accordance with the procedure set out in clause 5 above as if "you" in that clause is referred to the personal representative(s).
6.4 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.
7.0 Review of Pitch fees
7.1 On the review date we are entitled to change the pitch fee. We must give you at least one month's notice before the review date of a change in the pitch fee.
7.2 We will give you an explanation of the reasons for any increase, which is proposed.
7.3 The proposed reviewed pitch fee will become payable with effect from the review date unless not less than 51% of the owners of holiday homes affected by a proposed increase 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:
7.3.1 Until the reviewed pitch fee is determined, you will continue to pay the pitch fee at the rate, which was last payable under this Siting Agreement.
7.3.2 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.
7.3.3 The question of the amount of reviewed pitch fee will be determined either by agreement between you and us, or dealt with as a dispute under clause 15 below.
7.4 We will review the pitch fee having regard to the following criteria:
7.4.1 Any charges which are not within our control such as rates, water charges and other charges paid to third parties, including those cause by a change in the law or rates of taxation.
7.4.3 Sums spent by us on the Park and/or its facilities for the benefit of the owners of holiday homes.
7.4.4 Changes in our operating costs including those brought about by changes in the law or regulatory change and by taxation.
7.4.5 Market rates for pitch fees or the value of the pitch.
7.5 Clause 15 below applies in the event of dispute over a proposed increase in the pitch fee.
7.6 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.
8.0 Moving the Holiday Home
8.1 Within the Agreement period, we may wish to move the holiday home 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.
8.2.1 We are allowed to move the holiday home for 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 holiday home 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.
8.2.2 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.
8.3 We will be responsible for all reasonable costs incurred in moving the holiday home.
8.4 Following the movement of the holiday home, we are entitled to return the holiday home 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.
8.5 Any dispute arising under clause 8.4 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 15 of this Siting Agreement. This does not restrict your right to seek dispute resolution through the courts.
9.0 Termination of the Siting Agreement
The Siting Agreement may come to an end in any of the following ways:
9.1 By you giving us notice in writing of your wish to end it.
9.2 Because the Agreement period has come to an end.
9.3 By the sale of the holiday home or by you losing ownership of it.
9.4 By us terminating it because you have broken your obligations under this Siting Agreement.
10.0 When we may terminate the Siting Agreement
10.1 If you are in serious breach of your obligations under this Siting Agreement and the breach is not capable of being remedied or is such that 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 Siting Agreement. In deciding what period of notice is reasonable, we shall have due regard to the nature of the breach.
10.2 If you are in breach of any of your obligations under this Siting Agreement which is capable of being remedied (for example such as a failure to comply with the behaviour standards, or a failure to repair the holiday home, or to pay pitch fees promptly, 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 Siting Agreement and to require you to make arrangements with us for the removal of the holiday home from the park within 28 days.
11.0 When you may terminate the Siting Agreement
You are entitled to bring this Siting 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 Siting Agreement and if as the result you are entitled to end this Siting Agreement you may give us a lesser period of notice but should still give as much notice as possible.
12.0 The consequences of terminating the Siting Agreement
12.1 You will arrange with us for the removal of the holiday home and all other property of yours from the park within one month after termination of this Sitting Agreement however that comes about. In accordance with clause 3.11 any work in de-sitting or removing the holiday home 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-sitting of the holiday home will not be sought if we are proven to be in serious breach of our obligations under this Agreement.
12.2 If following termination of the Siting Agreement you fail to arrange the removal of the holiday home 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 holiday home 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 holiday home as we see fit and you will repay to us the costs we incur (acting reasonably) in its removal and disposal.
12.3 Where you have terminated the Siting Agreement, we will repay 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 Siting Agreement had 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:
Invoice 1st January
|Months since due payment date||Percentage refund due|
|Up to 1 (February)||100%|
|1 to 2 (March)||80%|
|2 to 3 (April)||60%|
|3 to 4 (May)||40%|
|4 to 5 (June)||20%|
|5 to 6 (or 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.
12.4 Where we end the Siting Agreement, we will repay to you on the same scale set out in the table 12.3 above in full
12.5 We have the right to retain the holiday home until you have paid any undisputed sum due to us on termination of this Agreement.
13.0 Park Rules
13.1 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. Up to date versions of the park rules are always available at the park reception.
13.2 Any changes made after the signing of this Siting Agreement will not affect anything to which you are entitled under this Siting Agreement.
14.0 Hiring out the Holiday Home
14.1 This Siting Agreements makes it clear:
14.1.1 whether or not you are allowed to Hire out the holiday home on a voluntary or a compulsory basis.
14.1.2 and whether you must hire out the holiday home exclusively through our Agency.
14.2 If you are required to hire out the holiday home exclusively through our Agency, this means we can hire out the holiday for you. If hiring out is permitted, whether compulsorily or voluntarily, it will take place on the basis of a separate agreement between us.
15.1 In the event of a dispute that cannot be resolved between you and us, this Siting Agreement provides for disputes to be resolved by the following means:
15.1.1 We may agree between us to refer any dispute to an arbitrator as an alternative to going to Court but if you prefer to go to court this Siting Agreement does not in any way inhibit you from doing so.
15.1.2 We may refer questions arising under clause 8 or clause 12.2 to an Independent Surveyor.
16.1 We agree that any letters or other communications between us shall be sent to your address recorded above 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 holiday home.
17.0 Statutory Rights
17.1 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 Departments or Citizens' Advice Bureau.