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Annual Site Agreement

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(hereinafter the “Park Owners”) with company registration number 05493730
(hereinafter the ”Client(s)”

Park Name:

European Leisure Homes Limited

Address:

UK Showground Area One, Brookside Business Park, Cold Meece, Staffordshire, ST15 0RZ

Tel:

0800 644 4546

Email:

contact@caravansinthesun.com

Clauses

One: Agent
  1. 1.1 For the avoidance of doubt, where this Agreement is signed by an agent on behalf of the Park Owner, the Client(s) are entering into a contract directly with the Park Owner and the agent will not owe any obligations to or have any liability in respect of or in connection with the Client(s), the Park, the Park Owners and/or this Agreement.
  2. 1.2 This Agreement shall come into force once signed by the Park Owner or an agent on behalf of the Park Owner and the Client(s) or, if earlier, upon payment of the Service Fee (as defined below) by the Client(s). The Client(s) shall be deemed to have accepted the terms of this Agreement (including, without limitation, its Appendices) following payment of the Service Fee regardless of whether they have signed the Agreement.
Two: Permission to keep the Mobile Home on the Plot
  1. 2.1 The purpose of this Agreement is the occupancy of the Client(s) mobile home (“Mobile Home”) on a specific and duly demarcated plot of land at the Park (“Plot”) equipped with electricity, running water and drainage system. Further details of the Plot are set out in Appendix 1. The Client(s) agree to comply with the site rules in Appendix 2 of this Agreement and the Park’s Internal Regulations in Appendix 4 of this agreement (all of which are incorporated into this Agreement) and occupy said plot solely using non-permanent and non-attached facilities and which are easily transported, always approved and with their wheels in perfect conditions.
  2. 2.2 Any agreements that do not appear in this Agreement are included in the Park’s Internal Regulations, which are given to the Client(s) who acknowledges having previously read them, and hereby expressly declare being aware of their content and their acceptance. Said regulations are attached to this Agreement as Appendix 4.
  3. 2.3 Details of the Client(s) Mobile Home are set out in Appendix 1 of this Agreement.
  4. 2.4 The Client(s) are permitted throughout the Agreement Period, to keep the Mobile Home on the Plot and use it for holiday and recreational purposes only provided they comply with their obligations in this Agreement.
  5. 2.5 The Client(s) shall procure that their guests also comply with the terms of this Agreement. Any act or omission of any guest in breach of this Agreement shall be deemed to be an act or omission of the Client(s).
  6. 2.6 Once the Agreement Period has expired, the Client(s) must arrange with the Park Owner for their Mobile Home to be disconnected and removed from the Plot in accordance with clause 7 unless the Park Owners enter into a new agreement with the Client(s). Neither the Park Owner nor the Client(s) will be obliged to enter into a new agreement.
  7. 2.7 If the Park Owner decides to offer the Client(s) a new agreement, they will offer this to the Client(s) no more than one month before expiry of the previous agreement.
  8. 2.8 Subject to the remaining provisions of this clause 2.8, this Agreement is not transferable, even in cases where the Mobile Home is sold; a new agreement will be issued to the new owner. The agreement is transferable in the event of death and transferable to the named benefactor.
  9. 2.9 The Park Owner shall not be regarded as keeper of the Mobile Home and shall not be held responsible in the case of theft or damages. In all cases, the Park Owner cannot be regarded as representative of the Client(s) but rather as the providers of certain services
  10. 2.10 Subletting of the Mobile Home is not permitted by the Park/Park Owner who will inform you of the details of any rental scheme operated by the Park.
  11. 2.11 This is a holiday park and no permanent residency is permitted on the Park.
  12. 2.12 In the unlikely event that the Park/Park Owners decide to either not renew or cancel the Agreement the Client(s) will be given 28 days’ notice to arrange collection of their Mobile Home from the Park and the provisions of clause 7 will apply
Three: Service Fee and other charges
(“Service Fee”). Each year, the service fees for occupancy will increase, as a minimum, in line with the consumer price index.
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3.4 The water and electricity consumption will be paid by the Client(s) monthly in accordance with the Park’s requirements (which can be found at the Park’s reception or with the nominated Park representative) and according to a meter and applying the rates in force on the Park at that time. These prices will accrue the corresponding taxes

3.5 In the case of a delay in the payment of the water, gas or electricity consumed, the Park management is authorised to temporarily discontinue these services.

3.6 Payment for water and electricity will be made in person at the Park reception (where proof of payment will be given), or into the bank account

3.7 In case of breach / cancellation of the Agreement (for any reason), whatever the cause may be, the Service Fee still has to be paid in full and no refunds will be given (unless expressly agreed otherwise in writing by the Park Owners).

Four: The Client(s)’ general obligations
  1. 4.1 The Client(s) agree to provide the Park Owner with the necessary data to fill out the corresponding check-in document where the occupancy period will be stated. A duly signed copy of this document will be forwarded to the Park. The Client(s) also agrees to his/her data to be included in the guest check-in registry and arrival reports of travellers in hotels and other similar facilities in accordance with the Park’s privacy policy (a copy of which can be found [TBC].
  2. 4.2 It is the responsibility of the Client(s) to implement and maintain relevant buildings and contents insurance for their Mobile Home.

4.3 The Client(s) must ensure that they have adequate Building, Contents, Property Owners’, Civil and Pet Insurance (if applicable). The Client(s) must provide a copy of their insurance Certificates to the Park 1 week before the commencement of the new Agreement Period. If this is not received then a fee will be applied.

  1. 4.4 The Client(s) agree to keep the Plot clean, tidy and well maintained. Free access to the Plot will be provided at all times to the Park staff.
  2. 4.5 The installation of fixed elements, closures, pavement, sinks, large appliances such as fridges, freezers, washing machines or dish-washers, and in general any other similar devices, is forbidden in other spaces other than those established by current regulations and by the Park’s Internal Regulations.
  3. 4.6 Terraces and/or canopies attached to all Mobile Homes will have a maximum width of 2 metres and must be installed by an approved installer using approved materials.
  4. 4.7 External accessories such as gas cylinders or any other element must be installed or placed in the compartments set up for that purpose (such as PVC storage boxes). The installation of any other external element or works not expressly authorised by the Park Owner is prohibited.
  5. 4.8 Contracts for gas supply will be entered into directly by the Client(s) with the corresponding supplier company. The Client(s) agree to comply with the regulations in force in this regard, especially those concerning health and safety.
Five: Personal Data
  1. 5.1 Any personal data the Client(s) give to the Park Owner/Park will be processed in accordance with the Park Owner’s privacy policy (a copy of which is annexed to this Agreement) and the relevant data protection regulations.
  2. 5.2 Client(s) who have any concerns about their personal data should contact the Park Owner/Park [CONTACT DETAILS]. Client(s) also have the right to complain to the Information Commissioner (https://ico.org.uk).
Six: Selling the Mobile Home
6.1 If the Client(s) decide to sell the Mobile Home, they must first comply with the provisions of Appendix 3. The Park Owner reserves the right of admission of the new Client(s).
  1. 6.2 The Client(s) will have to notify the Park Owner of this proposed sale in a reliable written manner and comply with the provisions of Appendix 3. Failure to comply with this clause 6.2 will entitle the Park Owner to terminate the Agreement, forcing both the Client(s) and the new owner of the mobile home to leave the Park.
  2. 6.3 The Client(s) must arrange all relevant safety checks by competent contractors, for example gas and electrical installations, to ensure the safety of the Mobile Home and produce the certificates to the Park Owner upon request.
  3. 6.4 The Client(s) right to sell the Mobile Home contained in this clause 6 may be exercised by their personal representative(s) after their death.
Seven: Termination of the Agreement
  1. 7.1 The Agreement may come to an end in any of the following ways:
  2. 7.1.1 Because the Agreement Period has come to an end;
  3. 7.2.1 By the sale of the Mobile Home or by the Client(s) losing ownership of it;
  4. 7.2.3 By the Park Owner terminating the Agreement immediately because:
  5. 7.2.3.1 the Client(s) fail to pay any amount due under the Agreement on the due date for payment;
  6. 7.2.3.2 the Client(s) commit a breach of any other term of the Agreement and (if such breach is remediable) fails to remedy that breach within a period of 14 days after being notified in writing to do so;
  7. 7.2.3.3 the Client(s):
  8. (a) have a bankruptcy petition presented against them or are declared bankrupt;
  9. (b) are served with a statutory demand, or are unable to pay their debts within the meaning of the Insolvency Act 1986;
  10. (c) enter into, or have proposed to enter into, any composition or arrangement with, or for, their creditors (including an individual voluntary arrangement); or
  11. (d) is the subject of any other event analogous to the foregoing in any jurisdiction.
  12. 7.2.4 By the Park Owner terminating it immediately because of any law or regulation which prohibits the activities set out in this Agreement including (without limitation):
  1. 7.2.4.2 If the land or urban planning is modified by reclassifying and/or changing the plot use, in whole or in part, into land suitable for development, urban land or suitable for another use other than the current Park.
  2. 7.2.4.3 If the competent Public Administration body agrees, in a firm resolution, that the use of the Park is incompatible with the legislation in force.
  3. 7.2.4.4 If regardless of the foregoing, it was agreed to end the camping activity of the current Park Owner or the Park.
  4. The above mentioned grounds in clause 7.2.4 for termination will always be beyond the control of the undersigned parties. Notwithstanding the foregoing, the Park will try to take, as far as possible, the necessary measures to ensure that the contracts in force are maintained until the end of their terms, except when there is another reason to justify their early termination.
  5. 7.2.5 By any other reason set out in this Agreement.
  6. 7.3 For the avoidance of doubt, a delay in payment by the Client(s) of any amount under this Agreement (including for the avoidance of doubt, the Service Fee) on the agreed dates will be enough cause for the termination of this Agreement by the Park Owner.
  7. 7.4 In case of breach / cancellation of the Agreement during the Agreement Period, whatever the cause may be, any fees still have to be paid in full and no refunds will be given.
  8. 7.5 In circumstances where:
  9. 7.5.1 the Agreement expires or is terminated (for whatever reason);
  10. 7.5.2 the Client(s) wish to remove the Mobile Home from the Park,
  11. the Client(s) will pay any outstanding amounts owing to the Park Owner and arrange with the Park Owner (in writing or via email to [insert email address]) for the disconnection and removal of the Mobile Home and all other property of the Client(s) from the Park within [WEEKS] after the date of expiry or termination of the Agreement or the occurrence of the matter set out in clause 7.5.2(as applicable).
  12. 7.6 Any work in disconnecting, de-siting or removing the Mobile Home from the Plot (even after termination of this Agreement) or in siting it on another plot must be done by the Park Owner or by its contractor(s) at the expense of the Client(s). The Park Owner or its contractor(s) will disconnect the Mobile Home and remove it to the car park at the Park. The Park Owner will not be responsible for any damages or loss caused to these belongings. It is the Client(s) responsibility to prepare the Mobile Home for transportation and get the Plot ready for easy access to remove the Mobile Home.
  13. 7.7 The Client(s) will be required to pay a disconnection and removal fee of €2,000 to the Park Owners before the agreed removal date.
  14. 7.8 Notwithstanding clause 7.5, the Park Owner will have the right to retain the Mobile Home until all outstanding amounts owing from the Client(s) are paid to the Park Owner, whether such amounts are for the lease of the plot, for supplies provided to the Client(s) or otherwise.
  15. 7.9 The Client(s) shall pay to the Park Owner interest at [3]% per annum over the published base rate of [BANK] from time to time (provided that if such base rate is below 0% for any period, the interest will be 3% for such period) on any undisputed sums overdue (including, without limitation, the Service Fee) from the due date to the date the Park Owner actually receives such amounts from the Client(s), both before and after any judgement that the Park Owner may obtain against the Client(s).
  16. 7.10 If the Client(s) leaves the Park before the end of the Agreement Period, he/she will not have the right to claim the partial or total refund of the amount paid for that period, nor transfer such amount to the new owner. Said amount shall be left as compensation to the Park Owner for breach of the Agreement. In that case the Park may lease the Plot to new clients.
  17. 7.11 If the Client(s) fail to arrange the disconnection and removal of the Mobile Home through the Park Owner in accordance with clause 7.5 and 7.6, the Park Owner shall be entitled to disconnect and remove it (after giving the Client(s) not less than [14] days’ notice in writing of its intention to do so), following which, on not less than one month’s written notice to the Client(s), the Park Owner shall be entitled to sell the Mobile Home at the best price reasonably achievable in the circumstances.
  18. 7.12 If a third party surveyor confirms to the Park Owner that the Mobile Home is not capable of selling for a sum sufficient to cover the costs of removal and sale, then the Client(s) authorise the Park Owner to dispose of the Mobile Home as it sees fit and the Client(s) will repay to the Park Owner the costs it incurs in the removal and disposal of the Mobile Home.
  19. 7.13 Once the sale has been carried out, the amounts collected will be used to pay the Park Owner the outstanding debt and the costs the Park Owner incurs in the removal and disposal of the Mobile Home and the remaining amount will be made available to the Client(s). In the event of any shortfall in the amount due to the Park following such sale, the Client(s) shall pay to the Park an amount equal to such shortfall.
  20. 7.14 The Park Owner is also granted all the powers necessary to move the Mobile Home to a different location from that established in this Agreement in order to make the Plot available for lease to other clients. The new location may be outside the Park, at the Park Owner’s discretion.
  21. 7.15 The parties acknowledge that the Park/Park Owner will not be responsible for guarding said Mobile Home since the parties hereby agree that after failure to pay for a six-month period, the mobile home is understood to have been abandoned by its owner.
  22. 7.16 In no circumstances shall the Park Owner be liable to the Client(s) for any damage or loss relating to the Mobile Home or any other of the Client(s) possessions as a result of or arising from the Park Owner’s actions under this clause 7.
  23. 7.17 The Client(s) waive the right to any claims against the Park Owner/Park and its staff for what has been agreed to in this Clause 7. The Client(s) assumes all risks of loss or damage that the Mobile Home may suffer.
Eight: General
version will always prevail.
Each party irrevocably agrees that the courts of [insert country of Park] shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this Agreement or its subject matter or formation.
  1. 8.3 If any provision or part-provision of this Agreement is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause 8.3 shall not affect the validity and enforceability of the rest of this Agreement.
  2. 8.4 This Agreement may be executed in any number of counterparts, each of which shall constitute a duplicate original, but all the counterparts shall together constitute one agreement.

APPENDIX 1 PLOT INFORMATION

Information Average pitch size: 110sqm
Site Rent/Management Fee due 1st November
€4,050 - Sea View Plot
€3000.00 - Standard Plot
Annual Contract Period: 1st November 2022 – 31st October 2023
2 Bed Mobile Home occupies 6 persons
3 Bed Mobile Home occupies 8 persons
4 Bed Mobile Home occupies 10 persons

This agreement is applicable to:

Plot information:

At the Address of:(Required)
The two below names on this agreement are considered as Client(s) and responsible for their guests.

APPENDIX 2 SITE RULES

  1. Subletting is strictly prohibited with the exception of rental arrangements operated by the Park
  2. For the safety and security of the site, all Client(s) must declare in advance the arrival of any guests named or not named on the agreement, whether the Client(s) is on site or not. The guests will be allocated a pass to enter the site - the guests must not pass on his/her pass to any other person.
  3. The Client(s) will be in charge of their visitors and will be responsible for them during this period.
  4. Only 1 car per Mobile Home is permitted on site; the designated car park can be used for any additional cars
  5. Trade of any sort is forbidden on the site
  6. The use of grass killer or any sort of poison to kill small animals is strictly forbidden.
  7. The feeding of stray cats / dogs on site is strictly forbidden.
  8. Cars may not be washed on the site.
  9. For safety measures, the Mobile Home must be equipped with a fire extinguisher which must be checked every year,(certificate of inspection must be given to Park manager) and with a circuit breaker, appropriate to the amps used. At each departure, the Client(s) must switch off electricity, water and the gas. An electric plug is given at each installation and the Client(s) must not use any other.
  10. The water, electric and waste connections are the responsibility of the Client(s) and must conform to the Park safety regulations set out in [?].
  11. Before any alterations or additions to the plot, the Park must be consulted and such alterations or additions approved in writing; please make a written request.
  12. All Mobile Homes must have a current Certificate of Insurance. Copy of which to be provided each year.
  13. The Client(s) must maintain the boiler, the heaters and the gas installation, to ensure they are in good working order and provide a yearly certificate of inspection.
  14. The Client(s) must ensure that their home and plot is kept tidy. Any work on site or on plots must have written approval from the Park/Park Owner.
  15. The site is responsible for trimming all the hedges. If a plot is neglected, the Park will tidy it up and will charge the Client(s) for the service.
  16. The Mobile Home must be kept in good condition. The Mobile Home's supports and wheels must be maintained to keep it mobile.
  17. The Client(s) shall not commit such action as to place the Park Owner in contravention of any planning legislation, which states, "It is forbidden on parks to place such structures or objects which could be considered unsightly, or in a state of disrepair. It is also forbidden to allow the terrain and vegetation to be neglected".
  18. The only structures permissible on your plot are the Mobile Home, terrace, garden shed or storage box. Storage boxes to be kept on the terrace or to the rear of the Mobile Home.
  19. Gazebos are allowed and only garden furniture may be kept permanently on the wooden terrace.
  20. To maintain site presentation, terrace canopies, side pieces and façades must come from a contractor approved by the Park/Park Owner.
  21. Screening around the bottom of the Mobile Home and/or terrace must be accessible and in most occasions must be wooden and not fixed to the Mobile Home itself. (No plastic, no metal, other material except wood is to be approved before permitted)
  22. The terraces, the screening and the sheds are never to be painted; only wood preservatives are permitted (colours of the wood).
  23. All new clients must observe a two-pet maximum on park. In the case of a current owner owning multiple pets, it is to be agreed that once passed, they will not be replaced. From this point a two pet maximum will be enforced.
  24. A copy of the record book of inoculation for pets will be required to be submitted to the site.
  25. Pets are not allowed to cause disruption or disturbance to other Client(s).
  26. Outside the Mobile Home, all dogs must be on leads, and it is the owner’s responsibility to remove and dispose responsibly, of their pet’s waste.
  27. All Client(s) and Guests are expected at all times to be considerate to the site, staff and other Client(s).
  28. Sales/upgrades
  29. The site does not enforce an age rule on Mobile Homes, all the site asks is that the Mobile Home and plot is kept clean, tidy and well maintained. If the Mobile Home becomes dilapidated then removal or replacement would be requested.

APPENDIX 3 RESALES

Mobile Homes Abroad Limited trading as Caravans In The Sun (CITS) are appointed by the Park/Park Owner as the exclusive seller of mobile homes on the Park. To maintain the security and ambiance on the Park, private re-selling is not permitted. All clients who wish to re sell their mobile home, must notify CITS in writing at [ADDRESS] or via email to sales@caravansinthesun.com. CITS offer a complete service for the sale of the Mobile Homes, requiring minimal input from the selling clients, and manage all aspects of the sale including:

- No obligation valuation guide and advice,
- Photographing the home for marketing. - Preparing a listing of the homes for both our manual and internet based portfolio
- Preparing a monthly newsletter to reach 1000’s of customers already on their database
- Marketing the homes on a range of websites
- Marketing the homes in a range of major publications each month
- Dealing with day to day enquiry calls and emails regarding the homes, converting enquiries to site visits.
- Arranging Park visits, arranging all aspects of these visits including flights, transfers and accommodation.
- Accompanied viewings of your home - All aspects of negotiating a sale, handling and forwarding the balance, key handover and all relevant administration for the purchaser, owner and Park.

Commissions For its services set out above, CITS charges a commission, which becomes due upon sale of the mobile home. Details of such commission are set out below. No upfront fee is required, the selling price must also include any additional contract exchange fees.

Selling price of home - Mobile Homes Abroad Ltd Advertising Package

Retail price of home listed on CITS website

Commission charged by CITS

£0,000 – £19,999

£2,495

£20,000 – £29,999

£2,995

£30,000 – £39,999

£3,495

£40,000+

£3,995

To enable us to present the client(s)’ home in the best possible light, when putting their mobile home up for sale, CITS require the mobile home to be left in a clean, tidy and saleable condition.

THE AGREEMENT

Please sign and date the agreement.

Homeowners

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European Leisure Homes

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