Terms & Conditions of site licences

1. In these conditions the following terms shall have the following meaning:

(a) ‘Abandonment’ – failure to maintain the Caravan in accordance with the terms and conditions of site licences and/or The Site Rules or any act or damage which remains unrepaired within fourteen days of its occurrence.

(b) ‘The Base’ – the parking space or pitch on the unit is sited.

(c) ‘The Unit’ – the licensee’s caravan / lodge situated on the Base from time to time.

(d) ‘The Company’ – Rocath (Rhyl) Limited.

(e) ‘Determination’ – includes but is not limited to failure by the Licensee to pay any amounts due and owing to the Company within the period stipulated by the Company or Abandonment of the Caravan.

(f) ‘Licence Period’ – means the 12 month period commencing on the 1st April in the year of this agreement and ending on 31stMarch the following calendar year.

(g) ‘Licensee’ – the person or persons for the time being entitled to site and occupy a caravan on the Base.

(j) ‘The Site’ – Sunnyvale Caravan Park, The Foryd, Kinmel Bay, Conwy LL18 5AS.

(k) ‘The Site Rules’ – the rules relating to the Site as determined by the Company from time to time and made available to the Licensee.

2. It is not the intention to create between the Company and the Licensee the relationship of landlord and tenant. This licence shall not in any way confer or impose upon the Company or upon the licensee any of the rights or obligations of landlord or tenant or any rights or obligations save for those expressed or implied by law in this licence.

3. Subject to these terms and conditions and The Site Rules the Company grants to the Licensee the right and license to site a caravan on the Base for the Licence Period provided that the Licensee shall not have exclusive possession of the Base and provided further that the Company shall be entitled to move the unit to another base at any time it shall see fit upon giving the Licensee not less than one week’s notice.

4. The following fees shall be payable by the Licensee to the Company:-

(a) An annual licence fee for the Licence Period payable by the Licensee to the Company in one payment for the full amount specified in the Company’s invoice and payable by the 14 of April in any given year.

(b) A fee for connection to mains services of water, electricity and sewerage.

(c) Amount due for or on account of electricity invoiced separately.

(d) Amount due for or on account of gas invoiced separately, if applicable.

5. All sums payable hereunder are inclusive of VAT (if applicable). The Licensee shall pay on demand VAT charged on all such sums at the then prevailing rate.

6. If and when the Licensee shall fail to pay any sum under the licence to the Company the Licensee shall pay interest on such sum at the rate of 4% above the base rate for the time being of HSBC Bank plc from the due date until the date of actual payment, before as well as after Judgment. The Company shall also be entitled to recover from the Licensee any expenses reasonably incurred in the recovery of sums owing to the Company under this agreement including but not limited to, legal costs and disbursements.

7. The Licensee undertakes to the Company:-

(a) To make all payments due hereunder to the due dates for payment. Payments are to be made by Bankers Order, debit or credit card and without any deduction or set-off of any kind.

(b) To pay the Company all rates, taxes and impositions charged or imposed upon the Base or the Caravan sited thereon including payment for all water, electricity, gas and sewerage charges.

(c) To inform the Company of all leases, hire purchase agreements, credit agreements or other items to which the Caravan is subject.

(d) To supply full details of the Caravan make and model, including year of manufacture, chassis number, number of berths, and whether it has shower or WC facilities.

(e) Not to use the Base otherwise than for the stationing of one holiday caravan of a type and design first to be approved in writing by the Company.

(f) Not to use the Caravan as a permanent residence. Proof of UK residence is required annually.

(g) To comply in all respects with the conditions imposed by the local authority in the site licence in respect of the Site.

(h) To keep the Caravan in good repair and condition and to comply with the local authority’s and the Company’s requirements as to the standard, painting and maintenance of the caravan. The caravan must be in a transportable condition at all times.

(i) To keep the Base (including an area of three metres surrounding it) in a clean and tidy condition, free from rubbish and weeds.

(j) Not to use the Caravan situated on the Base or the Base itself or permit or suffer either the Caravan or the Base to be used for the purposes of any profession, trade, business or calling whatsoever, nor to exhibit placards, signs or advertisement of any kind on the Caravan or the Base other than for the purpose of letting the Caravan on the Site and only if you have a licence to sublet.

(k) Not to do or permit to be done any act or omission liable to cause annoyance, nuisance or inconvenience to any of the other licensees of the Company. Not to deposit or permit or suffer to be deposited any bottles, papers, rubbish or noxious materials other than normal domestic rubbish in fastened polythene bags placed in the receptacles provided. Not to do or permit to be done any act or omission likely to cause damages to any vegetation in the adjoining sand hills.

(l) To promptly notify the Company of the any guest arrival by notifying the reception of all required details. This includes holiday makers from sublet activity.


(i) To make good at his/her own expense any damage done by the Licensee or his invitees to any service pipes, cables (either overhead or underground), fixtures and fittings or any property of the Company either on or off the Site.

(ii) If the Licensee shall not have made good the damage referred to in clause

(m)(i) above within 7 days of the same occurring, then the Company may undertake the repairs and the Licensee shall on demand reimburse the Company for the full cost of any repairs undertaken by the Company either on or off the Site.

(iii) To indemnify the Company against all actions, claims, proceedings, costs, expenses and demands made against the Company as a result of any act, omission or negligence of the Licensee or his invitees or as a result of any breach or non-observance by the Licensee or his invitees of the terms of this Licence.

(n) To pay the Company the amounts referred to in the Site Rules should the electricity supply of the Caravan be overloaded.

(o) To comply with all current safety regulations including the installation of an earth leakage circuit breaker and a fire extinguisher within the Caravan.

(p) Subject to clause

(q) below, not to assign, licence or in any way part with possession of the Base, nor attempt to sell the Caravan with the benefit of this licence, nor allow anybody other than the

Licensee to occupy the Caravan except:-

(i) with the Company’s prior written consent and having completed the Company’ current standard form of transfer of licence.

(ii) In the case of an assignment, upon payment to the Licensor of such transfer fee as shall be published by the Company from time to time; and

(iii) In any event only to persons who are 25 years of age or over.

(q) Notwithstanding clause

(p) above the Licensee may grant temporary licences to occupy the Caravan on the following terms:-

(i) The maximum length of any such licence shall be four weeks in total;

(ii) The Licensee shall give prior written notice to the Company of the grant of such licence and shall comply with any Health and Safety Executive guidance notes as to the letting of caravans.

(iii) The Licensee shall use his reasonable endeavours to ensure that the permitted occupiers of the Caravan are fully acquainted with the provisions of this Licence and the Site Rules and agree to be bound by them; and

(r) To insure the Caravan in such sum and with such insurance company as shall have been approved by the Company, such Insurance to include cover in respect of the commercial hiring out of the Caravan, should you have a licence to sublet, and to provide the Company with a copy of the insurance certificate and evidence of payment of the latest premium as required by the Company.

(s) In all respects to comply with the Site Rules.

(t) At the determination of this licence howsoever determined to pay to the Company all outstanding amounts together with the disconnection fee as determined by the Site Rules and to leave the Base and area of 3 metres surrounding it in a clean and tidy condition having first removed the Caravan. If the Licensee shall fail to remove the Caravan or pay all fees due within one week from the Determination of this Licence then the Company may as agent of the Licensee (and the Company is hereby appointed by the Licensee to act in that capacity) sell the Caravan together with its contents and shall account to the Licensee for the surplus proceeds if any, after payment of any sums due to the Company and the expenses of removal and sale, or otherwise dispose of the caravan in such manner as the Company may at its absolute discretion determine. If after using its reasonable endeavours the Company is unable to locate the Licensee the Company shall be entitled to retain the surplus proceeds of sale as its own unless the Licensee shall claim the same within twelve months of the date of sale of the Caravan and its contents.

(u) To supply to the Company one set of duplicate keys to both the Caravan and the gas storage area and two sets of duplicate keys to both the Caravan and the gas storage area if subletting.

(v) To display a copy of the Site Rules within the Caravan and to make all occupiers of the Caravan aware of the Site Rules.

(w) To ensure that any gas appliance used in or on the Caravan is fitted and certified to Gas Safe Standards and that all electrical installations in or on the Caravan comply with NICEIC Regulations (17th edition or any later and currently applicable edition) and that all such appliances and installations are regularly inspected and to provide copies of certificates of such inspection to the Company.

(x) to supply two of the following documentation annually – Council Tax bill (current year). Bank or building Society Statement (dated within the last 3 months) Utility bill (dated within the last 3 months) and to notify the Company in writing of their new address and telephone number within two weeks of any change of address or telephone number.

(v) To allow the Company’s authorised representatives to enter within the Caravan in the event of any complaint relating to the Caravan or its occupants or in a case of emergency or otherwise upon reasonable notice from the Company to the Licensee or the Caravan’s occupant.

8. It is agreed as follows:-

(a) If the Licensee of any occupier in accordance with clause 7

(p) and (q) is prohibited by Act of Parliament, order of court, or resolution or requirement of any local authority or otherwise from occupying the Caravan, or in an enforcement notice is served by the local or other authority in regard to any development affecting the Site or any part of it, or if the Caravan shall fail for any reason to comply with the requirements of any local authority, or site rules the Company may by twenty-one days’ notice in writing to the Licensee determine this Licence absolutely without prejudice to any other rights of the Company.

(b) If any of the payments due under the provision of this Licence shall remain unpaid for fourteen days after the said sums shall have become due (whether formally demanded or not), or if any of the conditions of this licence which are required to be performed and observed by the Licensee shall not be performed or observed, or if the Licensee shall become bankrupt or make assignment for the benefit of or enter into any composition with his creditors or shall suffer any distress or execution to be levied against his goods, the licence will stand determined without prejudice to any other rights or remedies that the Company may have against the Licensee.

(c) In the event of any anti-social and/or unlawful behaviour by the Licensee or any person occupying the Caravan the Company or its authorised representatives (including any security company retained by the Company), shall be entitled (and in so far as may be necessary are authorised by the Licensee) to require such individual, including other occupants of the Caravan to vacate the Caravan and the Site (and to stay away). The Company or its authorised representatives (including any security company retained by the Company) have the Licensee’s permission to enter the Caravan in pursuance of this and any related clause and to remove the occupant’s property to facilitate compliance.

9. Save to the extent required by law the Company shall not be responsible to the Licensee or to his Invitees for any accident happening or injury suffered or damage and or loss of any chattel or property (including the Caravan) sustained on the Site.

10. No licensee shall be entitled to an additional licence to be granted to him except in the absolute discretion of the Company. The Company may, as a condition of granting such a licence, or the transfer of a licence to the Licensee, require that any Caravan which has the benefit of such a licence be removed to another Base on the Site.

11. The Licensee is limited to two individuals only and the terms ‘the Licensee’ shall include the plural number and obligations expressed or implied to be made by or with each party shall be deemed to be made by or with such individuals jointly and severally.

12. Words importing the singular number shall include the plural and vice versa and words importing the masculine shall include the feminine and vice versa.

13. All notices to be given in accordance with this Licence shall be in writing and shall be served by first class post or by hand at the registered office of the Company and at the address given for the Licensee in this agreement (as appropriate) and shall be deemed served either upon delivery (if served personally) or within 48 hours after the same was posted (if sent by post).

14. The parties believe that the contents of these conditions are fair and reasonable in the event that any terms is adjudged by a court in England or Wales to be unfair such clause will apply to its maximum effect and the remaining terms will remain valid and effective.

15. In the event that the Licensor or the Licensor’s representatives, have cause to attend the Caravan to deal with any incident of anti-social behaviour. The Licensor shall levy a charge to the Licensee payable within seven days of its demand in an amount of £75.00 plus VAT or render an account to cover any security or legal costs incurred by the Licensor. This may also result in the removal of the Caravan from the Site.

16. The Company shall have a lien on the Caravan in respect of all sums owing to the Company from time to time under this agreement. If the lien is not satisfied within 28 days from notice being provided to the Licensee the Company may in its absolute discretion sell the Caravan and apply the proceeds in or towards the discharge of the lien and the expenses of sale.