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Lower Lodge, Halkyn. CH8 8DF

info@halkyncastlewood.com       01352 781908

Seasonal & Touring Terms & Conditions

Park Rules of conduct and practise

All Guests

 

Noise & Music

No noise or music after 10.30pm & daytime noise and music must be at a reasonable volume.

 

Dogs

There is a maximum of TWO dogs per unit.

Dogs must be kept on a short lead at all times including on a walk and kept on a short tether at the caravan or tent so they cannot reach children or passing pedestrians.

Dog mess must be removed immediately and deposited in the bins by the dog owner.

Dogs are not allowed in the shower block or picnic/ play area.

Dogs cannot be left alone in caravan or tent no matter how short the time.

The park owner reserves the right to ask dog owners who fail to adhere to these rules to leave the park.

The park reserves the right to refuse admission to dogs of a frightening nature.

 

Children

All children under 16 must be supervised at all times.

Children are not to play in or around the shower block or the stored caravans. Damaged caused will be charged and people may be asked to leave the site.

Cycling is permitted at walking pace. Safety helmets must be worn.

Please be respectful of your neighbours and ensure your children’s behaviour is respectful and appropriate.

 

Nature

The countryside is a natural play and relaxation area for adults and children.

Reasonable visual checks are carried out on trees and ground cover along public rights of way, the drive and the camping/caravan areas. This is a countryside site and natural hazards must be expected and common sense must be used. Please do not knowingly disturb the trees, wildlife, pick wildflowers or leave litter.

 

Electricity

Electric hook-ups are not for domestic appliances, but for low voltage camping appliances only. Average 10 amp (240 volts) per hook up. Domestic heaters will trip the electric.

All hook ups must be unplugged each time you leave to enable us to cut the grass and for fire prevention. We will unplug caravans when necessary.

 

Fires, Fireworks & BBQ’S

Small open fires are allowed in the camping fire-pit with the park owners permission. Purpose-made barbeques and disposable BBQs are acceptable as long as they are kept off the ground.

Use of fireworks or Chinese lanterns is prohibited on the park.

 

Chemical toilets

To be emptied ONLY in the disposal point outside of the shower block on the left.

 

General Behaviour

We expect all guests to behave with respect for others and us on the site. Anti-social behaviour will not be tolerated and will put you in breach of the licence.

 

Cancellations

We reserve the right to re-advertise the pitch if the agreed payment method is not being met and remove your caravan into storage (a “Legal Lien” will be attached to the caravan). If balance and any storage fee owed has not been paid we will repossess the caravan.

We strongly recommend that clients talk to us if there are any difficulties.

Worst case scenario the park managers can sell the caravan via The Tortes Interference with Goods Act 1977 to cover the outstanding arrears.

 

Part season pitches are not permitted. If existing clients do not wish to keep their pitch for the following year please notify us before the 14th October. 

 

Clients are not permitted to sub-let, swap or sell-on their pitch without permission from the park managers.

 

Combat Games.

Weekends and occasional holiday days, paintball and airsoft games take place in the top woods. You are still able to use the public footpaths, however for your safety you must report to a Marshall or to the ‘safe area’ manager to ensure the game is halted or you are escorted through. Combat games are great fun and you are invited to join in the games. Contact park managers for a great discount.

 

Waste.

Guests are requested to dispose of domestic waste only in the red wheelie bins. (bin store if red bin is full). Other waste should be taken home. ASH Waste sort our waste by hand and recycle; paper; plastic; metals & wood. From 2016 items that cannot be recycled are weighed and extra charges are applied to waste going to landfill this has increased our waste disposal budget by over 30%.

 

Car Parking & Vehicles

We operate a common sense policy on site. Please park your vehicle in accordance with this policy. It is essential that you don’t park on the grass when it is wet. All visitors’ cars must be parked on the hard standing by the shower block. All vehicles must be insured for third party liability while on the park.

The park max speed limit of 5mph and 10mph must be observed at all times.

 

Liability

All property is left at owner’s risk. Insure your caravan and contents appropriately. We can provide details for a local insurance broker if you require it. Halkyn Castle Wood will not be responsible for damage to – or theft of or from – caravans, awnings, tents & vehicles left on site. The park owner is absolved of all liability for accidents, loss or damage to any person(s) or property howsoever caused.

 

Legal Contract

Your booking constitutes a legal contract and you are responsible for the full seasonal price.

Completion of a booking (in person, writing, online or telephone) is deemed as acceptance of these conditions.

Touring accommodation is for the exclusive use of the persons named at the time of booking for the period of 1st March to 31st October.

The park owner reserves the right to cancel or terminate an agreement or ask a guest to leave the park where a guest:

– has failed to disclose all material facts required by the booking process, or

– does not adhere to the park rules, or creates a nuisance.

In these circumstances, the park owners shall not be under any liability to the person(s) involved and shall be discharged from their obligations. No refunds will be given.

The accommodation and facilities are used entirely at guests’ own risk.

 

Updated October 2018

This agreement permits you to station a touring caravan on a park and to occupy it for holiday and recreational purposes.

 

Part I contains the particulars of the caravan, the length of time you may station it, the season during which you can use it and other information such as the amount of the pitch fee payable to the Park Owner.

Stationing a caravan is a commitment and you will have to comply with the terms and conditions contained in Part II.

 

Part II clause 1 sets out in detail the meaning of expressions used in the Agreement. Clause 2 gives you permission to station the Caravan. Clause 3 contains the obligations you are taking on. Clause 4 sets out standards of behaviour which are expected of you and members of your party using the Caravan.

 

Clause 5 sets out the obligations undertaken by the owner of the Park.

Clause 6 contains the procedure should you decide you want to sell the Caravan. Under clause 6 b all sales on the Park have to be dealt with through the office of the Park Owner who is entitled to meet and approve the buyer of the Caravan. The clause also provides for the buyer of the Caravan to pay the owner of the Park a commission.

Clause 7 sets out the basis on which the pitch fee may be reviewed.

The Caravan may be moved from its pitch to allow redevelopment and/or maintenance and this is dealt with in clause 8.

The situations in which the Agreement can be brought to an end are described in clause 9. Clause 10 sets out the circumstances in which the Park Owner is able to bring the Agreement to an end and clause 11 allows you to bring the agreement to an end by notice in writing.

 

11. Clause 12 sets out what has to happen when the agreement is terminated.

If the Park Owner is in breach of his obligations under the Agreement he may be liable to pay compensation to you and/or to permit you to move the Caravan away on less notice than is usually required.

In addition to the obligations set out in the Agreement there will be Park Rules, which will be individual to each park, and these may have to be changed from time to time as permitted by clause 13.

If a dispute arises clause 14 allows for this to be resolved by arbitration as an alternative to going to Court. Certain disputes have to be referred to an independent surveyor for determination by him.

 

Licence Agreement

Part I Particulars

PLEASE NOTE: This is a legally binding agreement which you should sign only if you are satisfied with its terms and conditions.

 

Part II Terms and Conditions of the Licence Agreement
1. Meaning of Expressions used in this Agreement and Interpretation:

Where there is more than one person described as a party to this Agreement in Part I we may enforce the obligations of those persons under this Agreement against any one or more of them as we see fit.
"Caravan" means the touring caravan described in Part I. "we/our/us" means the Park Owner described in Part I. "you/your" means the Caravan Owner described in Part I. "Caravan Owner" means the person(s) whose name and address appears in Part I.  "Fair Market Value" means the price (taking into account current caravan market conditions) which a buyer of the Caravan would reasonably expect to pay and which the seller of the Caravan would reasonably expect to accept for the Caravan . This price shall be calculated without regard to any commission which we would be entitled to charge under clause 6 of Part II to the buyer of the Caravan.

"Family Member" means your spouse, 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.

"Hire/Hiring" means the act of obtaining for payment whether in cash or kind the use of the Caravan by persons (except Family Members) other than you. "Independent Surveyor" means the surveyor appointed under clause 14 for the purpose of determining any dispute under clauses 6 and 8 of this Agreement.

"Licence Period" means the period shown as the Licence Period in Part I. "Park Owner" means the person(s) whose name and address appears in Part I.

"Park Rules" means the rules of conduct and practice issued by us from time to time and applicable to the occupation and use of the Caravan and other facilities at the Park. A copy of the Park Rules in force at the date of this Agreement is attached.

"Review Date" means the day set out in Part I on which the Pitch Fee is reviewed under clause 7.

"Season" means the period during which the Caravan may be occupied as shown in Part I or such other period as may be prescribed by the Site Licence.

"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.

"Services" means the services and facilities which we have to provide for you and which are listed in Part I.

 

2 Permission to station the Caravan

  1. As long as you comply with this Agreement we permit you throughout the Licence Period to station the Caravan on a pitch at the Park and to occupy for the period of the licence.

  2. This permission is personal to you and may not be assigned or transferred to any other person. The permission comes to an end when you sell or transfer the caravan to anyone else including a Family Member.

  3. Furthermore this Agreement does not permit the stationing of any alternative or replacement caravan.

 

3 Your Obligations

You agree with us as follows:
a. To comply with the terms of this Licence Agreement and the Park Rules.
b. To pay the Pitch Fee and other charges due to us promptly on the days set out in Part I.

c. To pay interest at 4% over base rate from time to time of a London clearing bank nominated by us on any sums overdue to us (in Northern Ireland, a Northern Irish Bank nominated by us).

d. To insure the Caravan to its full value against all usual risks including fire and storm damage and against third party liability in such reasonable sum as we may notify to you from time to time (not being less than £2m) and to provide us with up to date details of the insurances on request. To insure through our agency if this is a requirement of Part I.

e. To keep the caravan in a good state of repair and condition, in a habitable state and to comply with all servicing and usage recommendations of the manufacturer of the Caravan.

f. To use the Caravan only as holiday accommodation and not as your only or main residence.

g. Not to do or omit to do anything which might put us in breach of any condition of the Site Licence and to comply with all statutory requirements in relation to the Caravan and its installations and furnishings. The conditions of the Site Licence are displayed on the Park and you should familiarise yourself with the obligations placed on you by the Site Licence and bear in mind that the conditions can be changed and are subject to review from time to time.

h. Not to carry out any building works at the Park or to erect any extension to the Caravan or without permission in writing of the Park owner to erect any hut, fence, structure TV aerial or clothes line or to connect any services or utilities to the Caravan.

i. To permit us to remove the Caravan from a pitch in accordance with the rights we have under this Agreement.

j. To permit us to conduct any siting or removal work (even after termination of the Agreement) in respect of the Caravan ourselves or through our contractors in order that we can maintain standards on the Park.

k. To comply with any requirement contained in Part I as to Hiring the Caravan.

l. To comply with the provisions of clause 6 below when selling the Caravan.
 

4 Behaviour Standards

By entering into this Agreement you undertake for yourself and people who occupy the Caravan as your guests (including children) to adopt the following standards of behaviour:

a. To act in a courteous and considerate manner towards us and other customers of ours.

b. To supervise children properly so that they are not a nuisance or danger to themselves or others.

c. You further agree that you will not:
- commit any criminal offence at the Park or use the Caravan for the furtherance of any criminal activity.
- commit any acts of vandalism or nuisance.
- keep or carry any firearm or any other weapon at the Park.
- use any unlawful drugs.
- create any noise or disturbance.
- carry on any trade or business at the Park.

And you accept that any breach of these behaviour standards may bring about the termination of your Licence. Termination by us is dealt with by clause 10.

 

5 Our Obligations

We undertake with you as follows:

a. We will provide the 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.

b. We will move the Caravan from the Park or the Pitch only in accordance with the provisions of clauses 8 and 10.

c. We will comply with our obligations if you terminate this Agreement under clause 11.

d. We will insure the Park against usual third party risks to a minimum of £2m per claim.

e. We will provide one electric hook-up point for the duration of the season. These are not for domestic appliances, but for low voltage camping appliances only. Average 10 amp (240 volts) per hook up. Domestic heaters will trip the electric. All hook ups must be unplugged each time you leave to prevent fire and to enable us to cut the grass. We will unplug caravans when necessary. Electricity will be cut off from the hook up points on the 1st November until the 1st March of the next year.

f. We will provide a shower block, drinking water tap and chemical toilet disposal point during the period of this licence. Shower block will be locked on the 1st Novemeber and will not be available for use accept for combat games participants and staff.

 

6 Selling the Caravan

a. You can sell your caravan but you cannot remove it without agreement from the park owners. You can replace your caravan with a new one of equal or smaller size with agreement of the park owners. You may remove your caravan upon termination or breach of this licence in accordance with clause 12.

b. Without affecting your statutory and legal rights, in the event of any dispute as to what the Fair Market Value may be the question may be referred to the Independent Surveyor for determination under clause 14 of this Agreement.

c. You have the unrestricted right to remove the Caravan from the Park on reasonable notice to us and as long as you comply with clause 6a and b.

 

7 Review of Pitch Fees

a. On the Review Date we are entitled to review the Pitch Fee. We must give you at least three months notice in writing before the Review Date of an increase in the Pitch Fee.

b. We will give you a written explanation of the reasons for any increase which is proposed.

c. If not less than 51% of the owners of caravans affected by a proposed increase object to us in writing the parties will together take steps to have the reviewed fee determined by a special arbitration scheme relating only to the review of the annual Pitch Fee. Otherwise the proposed reviewed Pitch Fee will become payable with effect from the Review Date.

d. The Pitch Fee will be reviewed (by us or the arbitrator/arbiter) having regard to the following criteria:
- We are entitled to pass on to you as appropriate any charges which are not within our control such as rates, water charges and other charges paid to third parties.
- Any changes in the cost of living as shown by the General Index of Retail Prices or another index having a similar purpose.
- Sums spent by us on the Park and/or its facilities.
- Changes in the cost of salaries and wages which we have to pay our staff.
- Changes in the length of the Season.
- Any other relevant factor.

 

8 Moving the Caravan

Within the Licence 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.

a. We are allowed to remove the Caravan for the purposes of redevelopment and/or maintenance of the Park and when this happens we will give you at least three months’ 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.

b. We will be responsible for all reasonable costs incurred in moving the Caravan.

c. Following redevelopment 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 is that the original pitch is less pleasant or if the move is permanent we must offer an alternative satisfactory pitch. Among the features to be taken into account in deciding whether the original pitch is less pleasant as the result of redevelopment will be the loss of a view and proximity to vehicular traffic.

d. Any dispute arising under sub clause c above as to the pleasantness of the alternative pitch or the question whether the original pitch is less pleasant by reason of the development may be referred to the Independent Surveyor under clause 14 of this Agreement.

e. We are entitled to move the caravan at any time in the event of an emergency but will wherever possible give at least seven days’ notice for any move occurring during the Season.

 

9 Termination of the Licence

The Licence may come to an end in any of the following ways: - By you giving us notice in writing of your wish to end it.
- Because the Licence Period has passed.
- By the sale of the Caravan or by you losing title to it.

- By us taking steps to terminate it because you have broken your obligations under this Agreement.

 

10 When we may terminate the Licence Agreement

a. If you are in serious breach of your obligations under this Agreement and the breach is not capable of being remedied 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.

b. If you are in breach of any of your obligations which is capable of being remedied (for example such as a refusing to leave the park or to pay pitch fees promptly) we may write giving you notice specifying the breach and asking you to remedy the breach within a reasonable time. If you do not comply with that notice we are entitled to write to you to end the Licence Agreement and to require you to remove the Caravan from the Park within one month.

c. Failure to leave the park at the end of the season will be a breach of this licence and you will then be trespassing. You will receive a letter stating the breach and providing notice to leave.

 

11 When you may terminate the Licence Agreement

You are entitled to bring this 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 Agreement you may give us a lesser period of notice but should still give us as much notice as possible.

 

12 The consequences of termination of the Licence Agreement

a. You will remove the Caravan and all other property of yours from the Park within one month after termination of this Agreement however that comes about. In accordance with clause 3 j above we are to arrange for all de-siting work or to carry this out ourselves. If you fail to remove the caravan under this clause 12 a we are entitled to remove it ourselves.

b. We are entitled to make a reasonable charge for disconnecting the Caravan from services and preparing it for transport away from the Park. This charge will be based upon the time spent and costs incurred by us in this process.

c. Where we end the Licence Agreement under the provisions in this clause we will repay to you in full any pitch fees and other charges which you have paid us for any period after the removal of the Caravan.

d. Where you have terminated the Licence Agreement so that it comes to an end before the end of June we will repay to you on the scale set out below any pitch fees and other charges which you have paid us for a period after the Licence Agreement has ended, less any sums properly due to us. Where the Licence Agreement ends before the end of March repay 80% Where the Licence Agreement ends before the end of May repay 40% Where the Licence Agreement ends after the end of June no repayment and full seasonal pitch fee will be due.

e. We retain the right to move to storage and hold the Caravan and the power of sale over the Caravan for any sums due to us on termination which exceed £200 and we will be entitled to deduct from sums due to you any sums due to us or any finance company and the costs of sale and storage (This sub-clause shall not apply to Licence Agreements made in Scotland).

f. Where a caravan is moved to storage as in clause 12a the terms and conditions of our storage must be adhered to.

g. Any units on site whose pitch becomes overdue for payment will not be permitted to remove their caravan from site. Once payment has cleared then you will be able to leave with your caravan.  In the event of non payment by 31st October a Legal Lien will be attached to the unit, and will remain in force until the arrears are settled in full or the Lien is otherwise discharged.  In the event of a negative response to notification of the Lien, legal action will be taken to sell the unit via The Tortes Interference with Goods Act 1977.  The outstanding arrears will be deducted from the proceeds of the sale less any costs.  Any remaining balance will be retained to await collection.  The Site Owner warrants to obtain the best price available on current market values of caravans in similar condition.

h. Where the caravan is removed to storage as in clause 12d we retain the right to re-advertise and re-let the now vacant pitch.

 

13 Park Rules
a. It may be necessary or desirable to change the Park Rules from time to time. We may change the Park Rules at any time and will notify you on the Halkyn Castle Wood News closed group on Facebook.. The most up to date rules will be available on our website www.halkyncastlewood.com.

b. Any changes made after the signing of this Agreement will not affect anything to which you are entitled under this Agreement.

 

14 Disputes

The Agreement provides for disputes to be resolved by the following means:
a. We may refer any dispute to an arbitrator as an alternative to going to Court.

b. Any dispute relating to the amount of the pitch fee has to be referred to an arbitrator because the Court does not have power to fix the pitch fee.

c. We may refer questions arising under clause 6 and clause 8 to an independent surveyor.

 

15 General

a. 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 within the United Kingdom to be used instead.

b. This Agreement commences on the date the Agreement is signed on behalf of the Park Owner.

c. We shall be entitled to make changes to the Park and/or the way it is managed. Where such changes require this Agreement to be amended you agree not to withhold your approval to amendments except on reasonable grounds.