Terms & Conditions
Glen Dochart Holiday Park
Luib, CRIANLARICH Perthshire
FK20 8QT
HOLIDAY HOME
ANNUAL PITCH LICENCE
TERMS & CONDITIONS
(2012 REVISION)
THE PITCH LICENCE IS FOR HOLIDAY USE ONLY - the holiday home is not the licensee's PRINCIPAL or MAIN dwelling and the holiday home cannot be occupied for more than the period permitted by the local authority site licence
PLEASE READ THE TERMS and CONDITIONS CAREFULLY
SIGNING YOUR PITCH REQUEST CONSTITUTES YOUR AGREEMENT TO ADHERE TO SAID TERMS and CONDITIONS.
The "Park" means
Glen Dochart Holiday Park
Luib, Crianlarich
And
The "Licensee" means
THE PERSON(S) whose name(s) and address(s)
is set out on the Pitch Licence Agreement
1 NO TENANCY
1.1 Nothing in the Agreement shall be construed as creating a tenancy or lease between the Park and the Licensee or as giving the Licensee the exclusive possession either of the pitch or of any part of the park
1.2 THE HOLIDAY HOME IS NOT THE LICENSEE'S PRINCIPAL OR MAIN DWELLING AND THAT THE HOLIDAY HOME IS NOT OCCUPIED FOR MORE THAN THE PERIODS PERMITTED BY THE LOCAL AUTHORITY SITE LICENCE
1.3 The Licensee will grant the Park's representative entry to the Holiday Home at all times should entry be required for any emergency or safety reason.
2 LICENCE FEES (Includes Rates and Services)
2.1 The Licensee shall pay the Licence Fee in accordance with the following provisions of this Clause.
2.2 By December each year, the Park will advise the Licensee of the Licence Fee for the following year from 1 March to 30 November, at which time the Licensee shall request renewal of the Annual Licence and select one of the methods of payment as set out below.
2.3 The Licence Fee and Rates & Services account shall be paid by one of the following methods:
(a) A single payment in advance on or before 15thFebruary of that year.
(b) Two payments of 50% of the total payment 1st payment due by 15th February of that year
2nd Payment due by 15th June of that year
3 PAYMENTS
3.1 In addition to the annual fees the Licensee will be liable for :
(a) all electricity and/or gas charges at the current rates within 30 days of the date on the invoice issued by the Park to the Licensee
(b) any charges for supervision, maintenance and repairs carried out to the Holiday Home - the Park reserves the right to levy an additional charge for call-outs between the hours of 8.00pm and 8.00am.
(c) a surcharge of 5% per calendar month (or part thereof) on accounts unpaid by the due date (unless alternative arrangements have been made).
4 RENEWAL / TERMINATION OF LICENCE
4.1 The Annual Licence will normally be sent to the Licensee by December each year for completion and should not be refused unless the Licensee is in breach of these terms and conditions.
4.2 The Park will not normally refuse to enter a further licence agreement simply on the grounds of the age of the Holiday Home. However, if the condition of the Holiday Home deteriorates to a standard which the Park considers unacceptable, the Park will give the Licensee not less than 28 days notice in writing that no further licence would be granted upon expiry of the current licence.
4.3 The Park may terminate the Licence with immediate effect if the Licensee or any member of his family or any temporary guest of the Licensee should breach any of the terms of this Agreement or the Rules. In the event of such termination the Park shall not be obliged to refund any or part of the monies already paid by the Licensee to the Park and the Licensee will be asked to:
(a) remove the holiday home and all his possessions from the Holiday Park
(b) settle all outstanding accounts due to the Park, including any disconnection fee
(c) leave the pitch in a clean and tidy condition
4.4 The Licensee may terminate the Licence by giving 30 days notice to the Park.
The Licensee will then be required to:
(a) inform the Park in writing of the date which the holiday home will be removed
(b) remove the holiday home and all his possessions from the park
(c) settle all outstanding accounts due to the Park, including any disconnection fee
(d) leave the pitch in a clean and tidy condition
(d) If the Licensee fails to fulfil his obligations under this agreement then the Park shall be at liberty to remove the Holiday Home and any possessions of the Licensee from the pitch to a storage area on the park
(e) If the Holiday Home and/or any goods of the Licensee remain on the park after termination of the Licence the Park shall send notice to the Licensee requiring the Licensee to remove the same within 21 days and if the Licensee shall fail to comply with such notice then the Park may as agent of the Licensee sell the same, and if it does so, the Park shall send to the Licensee notice of such sale and details of the price(s) obtained and costs of sale and of any other monies due from the Licensee and send a cheque payable to the Licensee to conclude matters
5 USE OF HOLIDAY HOME AND PARK
5.1 No Holiday Home unless supplied by the Park will be permitted on the park - this includes owners with insurance through a Third Party. (This does not apply to Touring Caravans)
5.2 During the period when the Licensee is entitled to use the Holiday Home, and subject to the terms of this Agreement the Licensee may allow members of his/her family and friends to occupy the Holiday Home
5.3 For security purposes The Licensee will inform the Park in advance if anyone other than the Licensee and immediate family is using the Holiday Home
5.4 No person under the age of 18 years may use the Holiday Home unless accompanied by a supervising adult
5.5 The Licensee will ensure that no more persons inhabit the Holiday Home at any one time than the maximum number for which it was designed
5.6 A spare key should be left at the Park Reception. Keys will only be handed out to the Registered Owner of the holiday home unless advance notice is given to the Park. Keys will only be available upon signing the key book
5.7 The Licensee must inform the Park immediately of any changes in address or telephone number. It is important that the Park is able to contact owners easily.
5.8 The Licensee must throughout the Licence Period maintain insurance in respect of the Holiday Home and produce the relevant certificate to the Park's representative at the time of payment of the Licence Fee or at such times as the Park shall reasonably request it
5.9 The Licensee may bring any well behaved dog onto the park but must ensure that the dog is kept on a lead and under control at all times and the dog must not be allowed to foul on the park. Any accidental
fouling is to be removed immediately
5.10 The Licensee will, and will ensure that all members of his/her family and temporary guests will, at all times; observe all relevant terms of this Licence and all the Rules, and behave reasonably and with due consideration for other users of the park and the park staff, and in particular without limitation:
(a) not leave any boat or trailer of any size anywhere on the park (except in a designated area).
This regulation has to be observed to comply with the current Fire and Safety Regulations.
(b) not cause any nuisance
(c) not commit any act of vandalism
(d) not create undue noise or disturbance, especially after 11.00pm
(e) not deposit litter or refuse except in a proper refuse skip / bin
(f) not annoy any neighbouring occupier
(g) not carry on any trade or business in the park
(h) not store goods on the pitch except in an approved storage unit
(i) not have in the Holiday Home, any oil or paraffin heater or any free standing gas fire
(j) not store more than two containers of gas, where applicable, in or around the Holiday Home
(k) not use any unlawful drugs
(l) not trespass on any other pitch on the park
(m) adequately supervise any children accompanying or visiting the Licensee
(n) not use any motor propelled vehicle other than a family vehicle without our written consent
(o) not commit any criminal act at the park or use the holiday home for the furtherance of any criminal
activity
(p) not keep or carry any firearm or any other weapon at or within the Park
(q) not sub let the holiday home whether or not for financial gain
5.11 Except with the prior written consent of the Park the Licensee will:
(a) not erect in the park any Balcony, Sun Deck or Skirting unless carried out by the Park Staff
(b) not erect in the park any hut, structure, fence, telephone cable, TV aerial or clothes line
(c) not allow any person to carry out repairs on gas or electricity within the holiday home without the
approval of the Park and such person must present his documentation and certificate of competence to the Park Reception before commencement of work
(d) not alter or cultivate the Pitch
(e) not drive any stake into the ground (because it may damage underground electric cables)
5.12 The Licensee will at the Licensee's own expense
(a) keep the Holiday Home in good repair and decoration and in a neat and tidy condition
(b) keep the Pitch in a neat and tidy condition
(c) provide at all times in the Holiday Home in good and working order a smoke alarm and either a Fire Blanket or a Fire Extinguisher, or both, all of an approved type
(d) ensure that all electrical and gas equipment in or used in connection with the Holiday Home
comply with all legal requirements and the recommendations of the supplier/manufacturer and
are inspected and serviced only by a competent specialist and any action recommended by him is promptly taken in relation to that equipment
(e) ensure all ventilation grills and flues in the Holiday Home are kept free from obstruction
(f) ensure that the plumbing system of the Holiday Home is drained of water by a competent person through the Off Season except when the Holiday Home is occupied
5.13 The Park shall be entitled to make and amend such rules as it shall in its discretion think proper
5.14 The Rules and such amendments to the Rules shall have effect from the time when they are first displayed on the main Notice Board at the park
5.15 Such display shall be conclusive evidence that the Rules and such amendments to the Rules have been brought to the attention of the Licensee, each member of the Licensee's family and each of the
Licensee's temporary guests
5.16 A copy of the Rules for the time being in force will be supplied by the Park at the commencement of each season.
6 THE PARK'S OBLIGATIONS
The Park will
6.1 during the Open Season, use its best endeavours to provide and maintain facilities at the park corresponding to those at the date of this Agreement but so that the Park shall not be liable for any temporary lack of any such facilities caused by mechanical breakdown or some other cause outside the Park's reasonable control
6.2 during the Licence Period, not by itself or its employees or paid agents do or omit to do anything whereby the Local Authority Site Licence for the park is terminated
6.3 during the Open Season, maintain the grounds to an acceptable standard
6.4 during the Licence Period, display on the notice board on the park an up to date copy of the Rules and Site Licence Conditions
7 EXCLUSION OF PARK'S LIABILITIES
7.1 Notwithstanding any statutory rights, all Holiday Homes, motor cars, vehicles of any kind and their contents are permitted on the park only at the owners own risk and the Park will not accept any responsibility for any damage or loss to any such property or for any injury caused to holiday home owners, users or members of their families or guests while on the park. Security of the Holiday Home is the Licensee's responsibility at all times.
The large proportion of the foregoing Terms and Conditions are designed for the health and safety of, and to ensure the well-being and enjoyment of, all users of the park. Please assist us as much as possible in ensuring these are adhered to at all times. Co-operation of all users of the park is requested, both in complying with the Terms and Conditions and in reporting any incidents to the Park.
8 SALE OF THE HOLIDAY HOME
8.1 The Holiday Home may only be sold in accordance with the following provisions of this Clause.
8.2 A number of options for sale are available to the Licensee. Whichever option is chosen, all outstanding finance charges relating to the Holiday Home must be settled by the Licensee. For the avoidance of doubt, the Licensee should be aware that finance companies will generally not permit the transfer of outstanding finance charges from one person to another and will therefore not permit a sale unless notice of the proposed sale is duly given to the finance house and all outstanding finance charges due to the finance house are duly paid.
8.3 The following options for the sale of the Holiday Home are available to the Licensee:
(a) Option 1 – if the Holiday Home is to be removed from the park upon sale, the Licensee may sell the Holiday Home to any person provided that all outstanding sums due from the Licensee to the Park have been paid. Removal of the Holiday Home from the park must be in accordance with the Removal from Park clauses
(b) Option 2 – the Licensee may sell the Holiday Home to the Park at a price to be agreed between the Park and the Licensee. The Park will make payment to the Licensee within 14 days of receipt of the relevant documentation by the Park Office, deducting from the payment any sums owed by the Licensee to the Park and any outstanding finance charges.
(c) Option 3 – If the Holiday Home is to stay on the park upon sale, the Licensee may sell the Holiday Home to a Buyer (Please note that Annual Pitch Licences are not transferable and the Park is under no obligation to issue an Annual Pitch Licence to any buyer) or the Park may sell the Holiday Home on the Licensee's behalf.
8.4 The Licensee cannot resell the Holiday Home on the park if it is more than 15 years old.
8.5 All sales of Holiday Homes remaining on park will be subject to a commission fee to be paid to the Park, currently 15% of the "Fair Market Value" (The price a seller would reasonably expect to receive and a buyer reasonably expect to pay according to the prices the Park would charge for a similar unit on park) of the Holiday Home.
8.6 In either case, the sale shall be conducted through the Park Office and the following procedures must be followed.
(a) No sales notices may be displayed on park except those displayed by the Park
(b) The Licensee must notify the Park of his/her intention to sell and complete a Sales Form supplied by the Park
(c) After receiving such notice, the Park will add the particulars of the sale to the park sales list.
(d) Payment for the Holiday Home will not be made to the Licensee until a sale has been concluded, during which time the Licensee is liable for all pitch fees, fuel and maintenance costs etc. and must maintain Insurance cover on the Holiday Home.
8.7 The Park retains the right to purchase the Holiday Home at any time during this sales period at the advertised or agreed sale price less the commission fee. Buyers should be made aware of this right.
8.8 The Park retains the right to reject any buyer introduced by the Licensee.
8.9 The Park shall receive all purchase monies from the Buyer. The Park will deduct from the purchase monies any sums owed by the Licensee to the Park and any outstanding finance charges and shall promptly pass any balance to the Licensee. The obligations of the Park as agent for the Licensee under this sub-clause will not extend beyond those expressly stated in this sub-clause.
9 REMOVAL OF HOLIDAY HOME FROM PITCH
9.1 Any removal of the Holiday Home from the pitch in accordance with the terms of this Agreement may be carried out only by the Park or its nominee, and not by the Licensee or by any other person (even when the Licensee is required under this Agreement to remove the Holiday Home from the park).
9.2 Where the Holiday Home is to be removed from the pitch the Licensee shall pay to the Park a reasonable disconnection and removal fee, plus any costs reasonably incurred by the Park in order to remove the Holiday Home from the Pitch.
9.3 The Licensee acknowledges should it be necessary for the Park to move the Holiday Home from the pitch for maintenance, emergencies, development of the park, or for other similar purposes, the Park will remove and replace the Holiday Home at their own expense.
10 REMOVAL OF HOLIDAY HOME FROM PARK
10.1 Where the Licensee is to remove the Holiday Home from the park under this Agreement, the Licensee shall inform the Park, by giving at least 21 days notice in writing, of the date and approximate time at which he proposes to remove the Holiday Home from the park. The Park may refuse to permit the Holiday Home to be removed from the park at any time which the Park considers, on reasonable grounds, to be unsuitable. e.g. where health and safety considerations might be compromised.
