What are unfair terms? Unfair terms are those that are taken in advance by the park owner in an agreement on which you have no choice but to accept or reject them as a whole and that give the park owner an unfair advantage over you. A parking owner must be fair and open with you. You have a code of conduct where caravan owners are entitled to a written licence agreement. A holiday owner can complain to the OFT, which is obliged to investigate the complaint and take action against the park owner. A holiday caravan owner can also improve the fairness of standard conditions in a procedure with the park owner. What is the cost of owning a caravan holiday home? The British Holiday & Home Parks Association and the National Caravan Council have agreed with the OFT to offer fairer terms to consumers who buy holiday cars in holiday parks. Frequently asked questions about Caravan/Lodge holiday homes Here`s how to determine the duration of the license agreement and how the sale of a caravan in the park applies. It also contains details on an appeal procedure and an arbitration procedure. All caravan parks in Northern Ireland must be authorised by District Council. Do I have to pay the municipal tax on my holiday home? 3. Part 8 of the Enterprise Act 2002 gives the OFT the power to obtain court injunctions against entrepreneurs who infringe a number of consumer laws, for example. B unfair terms contained in consumer contracts and distance selling. It is important that you understand and agree how long your caravan can stay in the field.
Will an annual license be long enough? A short-term licence gives little security to the caravan owner and, when it needs to be extended, the park owner may offer to renew it under less favourable conditions. If the park owner wants you to replace your caravan with a newer model, when will this happen? You should ask and keep a note on: have you seen any unfair clauses in your contract – if so, we`d love to hear about them. Please leave a comment below. If you believe that a park owner is using an unfair term to your detriment or that you are unsure of a particular term, you have recourse to independent legal advice. The latest CMA guidelines on unfair contract terms are unfair contract terms: CMA37, which replaced all previous OFT/CMA guidelines on unfair contract terms when the Consumer Law Act entered into force on 1 October 2015. For more information on the CMA`s competences for consumers, see the Guidelines on the Application of Consumer Protection: CMA58. * Respect for consumer rights if the park owner wishes to move the caravan for development purposes, and should I have a license agreement if I buy a caravan house? Why the CMA considers that certain standard contractual conditions used in vacation rental contracts are potentially unfair. Typical bra & HPA agreements will be developed taking into account the rules and members of the bra and HPA should always consider using them. If you have a problem with the owner of the park or caravan, there are organizations that can ask you for help and advice.
It may be helpful to talk to the park owner first to resolve difficulties. Will I pay stamp duty when I buy my holiday home? A standard contractual term is unfair when it leads to a significant imbalance of the rights and obligations of the parties to the contract to the detriment of the owner of the holiday residence. The Office of Fair Trading (OFT) has established guidelines on the terms they deem unfair, including rules regarding the age of caravans, penalties for late payments, and conditions that allow a park owner to terminate a license agreement for vague reasons. . . .