The UK trade body for the tourer, motorhome, holiday home ad park home idustries www.thecc.org.uk Holiday Park Holiday Home Owership Code of Practice For the purchase ad sale of ew ad pre-owed Holiday Homes, the agreemet to occupy a pitch o a holiday park ad the provisio of warraty ad maiteace services APPROVED Holiday Park Holiday Home Owership www.approvedholidayparks.co.uk
Idex Page No. Foreword from the NCC...3 Our Members Advice ad Recommedatios to You...4 The Holiday Park - Holiday Home Owership Code of Practice: Our Members Commitmet to You...8 1 Marketig ad Advertisig...9 2 Sales, Warraties ad Maiteace...9 3 Right to ad terms of the Licece Agreemet...10 4 Occupacy of the pitch...11 5 Other charges ad chages i pitch fees...11 6 Chages i arragemets o a park...12 7 Resale of the Holiday Home...13 8 Removal of the Holiday Home from the pitch or holiday park...13 9 Givig or bequeathig the Holiday Home to family members...13 10 Complait Hadlig...14 Explaatory Notes, Copyright ad Cotact Iformatio...15 Appedix 1 - Defiitios...16 Page 2 Holiday Park - Holiday Home Owership Code of Practice Issue 2 - Feb 2013
Foreword from the Director Geeral of the NCC The NCC is the UK trade body for the tourer, motorhome, holiday home ad park home idustries. Fouded i 1939 our membership ecompasses all sectors of the idustry: park owers, maufacturers, dealerships ad distributors ad specialist suppliers of products ad services. We also fouded, ad are a key member of, the Europea Carava Federatio, which promotes ad stregthes the idustry withi the Europea Commuity. Our visio is for a self-regulated, efficiet ad competitive UK market ad idustry that treats cosumers fairly, delivers high levels of customer satisfactio ad provides full protectio ad access to redress should this be eeded. To help us achieve this, the NCC has developed this Code of Practice as the basis of the NCC Approved Holiday Park - Holiday Home Owership scheme. It is primarily for the beefit ad protectio of Holiday Home Owers settig out the priciples of good practice ad miimum stadards that must be followed by scheme members whe sellig ew ad preowed Holiday Homes, whe issuig a Licece Agreemet to occupy a Holiday Home pitch ad whe providig warraty ad maiteace services. I additio, it acts as a bechmark of best practice agaist which scheme members performace towards meetig the Code ca be assessed. Please remember that the Code should be read i cojuctio with the Purchase ad Licece Agreemets that you will sig whe makig your purchase. A key feature of the scheme is the NCC Approved Holiday Park - Holiday Home Owership logo which scheme members ca use o their premises, website, advertisig or promotioal materials oly whe they have bee idepedetly assessed ad have achieved approved status. It is desiged so that you ca easily recogise busiesses that have bee assessed agaist ad meet this Code of Practice. We recommed you always look for the logo whe cosiderig ay purchase ad always check o our website for a defiitive ad curret list of members who have achieved approval. O the followig pages, you will fid outlied the commitmets our scheme members make to you. I recogisig the importat role that you, as a cosumer, have i the buyig ad sellig process, they also offer you valuable advice ad recommedatios to make sure you get the right Holiday Home you wat ad the best possible service. We commed this Code of Practice to you ad wish you may happy years i your Holiday Home o the park of your choice. Yours faithfully Joh Lally NCC Director Geeral Issue 2 - Feb 2013 Holiday Park - Holiday Home Owership Code of Practice Page 3
Our members advice ad recommedatios to you 1. Geeral If aythig is ot clear to you, at ay stage of your dealigs with us, please clarify it with us or take advice as ecessary before you commit yourself to ay trasactio. Ad to allow us to serve you best, please co-operate fully ad opely with us at all times. 2. Research before buyig Likely Usage - Try to defie what you will maily use the Holiday Home for (e.g. ow use, family use, hirig out, seasoal use, etc., all of which may ifluece the specificatio of your Holiday Home) Ruig Costs Remember to take ito accout aual charges such as pitch fees ad rates, ad aual ruig costs (e.g. gas, electricity, water, isurace, witerisatio, safety checks etc.). Suitability - Research the ew or pre-owed Holiday Home you are cosiderig purchasig as well as the park, to esure that both meet your expectatios: i other words, suit your requiremets ad budget. New or Pre-owed? - Cosider whether you wat to buy a ew or a pre-owed Holiday Home. Offers - Research product offers as widely as possible. Page 4 Holiday Park - Holiday Home Owership Code of Practice Issue 2 - Feb 2013
Our members advice ad recommedatios to you 3. Orderig ad hadover of your holiday home Special Needs Please iform us of ay special eeds or additioal requiremets as we caot provide advice o the suitability of a Holiday Home model for ay particular purpose if you have ot explaied your eeds to us (e.g.: disability requiremets, Frech doors, etc.). Specificatio - Check that the specificatio ad appearace of the Holiday Home you are orderig from us matches your requiremets, as some features are ofte optioal or substitutable extras. The Purchase ad Licece Agreemets Remember that these are legally bidig documets ad some terms may be egotiable (e.g.: part exchage value, rate of commissio, Agreemet Period). Orderig a pre-owed Holiday Home - Ask to see, ad obtai copies of, the relevat safety check certificates for ay pre-owed Holiday Home you ited to purchase. Hadover - Esure you are aware of ad fully uderstad all aspects aroud the hadover procedure, warraties ad warraty procedures ad clarify with us aythig o which you would like ay additioal explaatio. Deposits - Whe makig a deposit, make sure everythig is clear to you, or take advice as ecessary to uderstad how it is secured, the legth of the coolig off period ad the cacellatio terms. 4. The licece agreemet ad your time o the park Terms ad Coditios - Familiarise yourself with all the terms ad coditios i the Agreemet, the Park Rules, ay site licece coditios, all related documets/iformatio ad all aspects coverig aual fees ad charges, procedures, occupacy (teure) ad arragemets relatig to chages o the park. Please also remember that the obligatios placed o us by the Local Authority Site Licece may be subject to chage which may affect the terms ad coditios or park facilities/ameities. The Licece Agreemet Remember that this is a legally bidig documet. Holiday Home Ower Sigatures - The Agreemet must be siged by all the amed owers of the Holiday Home. Isurace Research isurace to esure you choose the policy ad supplier that best meets your eeds ad also take ito accout ay special requiremets (e.g. witerisatio). Maiteace - Cosider your likely usage of the Holiday Home ad the eed to keep it properly maitaied ad i good coditio, i accordace with the maufacturers istructios ad the appropriate health ad safety requiremets icludig the precautios eeded for witer weather. No-permaet residece - Remember that you must ot use the Holiday Home as your permaet UK residece uder ay circumstaces, eve if the park has a 12 moth site licece. Behaviour Remember your resposibilities regardig o-site behaviour icludig respect of the privacy ad rights of others o the park. Chage of Address You must keep us iformed of ay chage to your permaet residetial address ad provide proof of this address o request. Issue 2 - Feb 2013 Holiday Park - Holiday Home Owership Code of Practice Page 5
Our members advice ad recommedatios to you 5. Sellig or bequeathig your holiday home Commissio arragemets - Esure that you are aware of ad fully uderstad, all aspects of the sales process ad the commissio arragemets that you, as the seller, are resposible for upo the resale of your Holiday Home as set out i the Licece Agreemet. Notificatio - Remember your obligatios uder the Licece Agreemet to keep us iformed if you are itedig to put the Holiday Home o the market or if you subsequetly decide to take it off the market. Safety check certificates - Esure you comply with all the requiremets for havig valid utility/appliace safety check certificates whe sellig the home. Givig or bequeathig your Holiday Home - Remember that this procedure does ot affect your right, or those of your persoal represetative(s) or executors, to sell the Holiday Home accordig to the procedure detailed i the Licece Agreemet. 6. Removal of your holiday home from the pitch or park Circumstaces leadig to removal - Familiarise yourself with all the various aspects ad circumstaces relatig to removal of your Holiday Home from the pitch, what may costitute a breach of the Licece Agreemet ad/or the Park Rules ad the cosequeces of this. Rights ad Procedures - Familiarise yourself with your rights ad obligatios icludig: a. Writte otice periods if you ited to give up your pitch or if there is some breach of obligatio o our part. b. Your right to take further actio agaist us if we are prove to be i breach of our obligatios uder the Licece Agreemet. c. Arragemets for the removal of the Holiday Home ad all other property from the Park withi oe moth after termiatio of the Licece Agreemet. d. Paymet for removig the Holiday Home from the Park. Page 6 Holiday Park - Holiday Home Owership Code of Practice Issue 2 - Feb 2013
Our members advice ad recommedatios to you 7. I case of problems Let us kow - We uderstad that there may be times that you are ot happy with the service we provide ad may wish to make a complait. To help us address these promptly ad effectively, please refer the matter to us i the first istace, preferably i writig. Our respose As a coditio of this Code of Practice, we maitai a writte complaits procedure ad we advise you to familiarise yourself with it so that you kow how we will deal with ad respod to ay complait. Time to complete agreed actios - Remember that although we may be able to issue a respose or fial decisio to a complait withi the set timescales, this does ot automatically mea that we are able to complete ay agreed remedial actio withi the same timescales (e.g. we may be reliat o parts supply from a third party, etc.). If you remai dissatisfied - If we have issued our respose ad/or fial decisio ad you remai dissatisfied, or we have failed to respod withi the specified timescales, you may refer the matter to the NCC Iformal Dispute Resolutio Service. If that service fails to resolve the complait, it may be escalated to the Idepedet Case Examier (the Examier). Other meas of redress - Please remember that, while the Examier s fial decisio will be bidig o both you ad us, you are free to seek other legal meas of redress if you wish to do so - either before or after your complait has bee cosidered. Please ote though that the outcome/decisio of ay case may be take ito accout by ay other redress provider (e.g. Arbitrator/other Idepedet Case Examier/ Ombudsma) ad vice versa. Further Iformatio For additioal iformatio about complait hadlig, please refer to Chapter 10 of the Code ad/or the guidace o the Code website. (www.approvedholidayparks.co.uk) Issue 2 - Feb 2013 Holiday Park - Holiday Home Owership Code of Practice Page 7
The Holiday Park - Holiday Home Owership Code of Practice Our members commitmet to you I additio to the mai provisios withi this Code, we will: Satisfy the criteria for membership of the NCC Comply with all the provisios of this Code Comply with, ad explai, the terms of the Licece Agreemet we issue to you Maitai adequate ad appropriate isurace to protect you Esure that staff are suitably qualified i their roles ad are fully aware of, ad comply with, all our resposibilities uder this Code Esure that our busiess, its products ad services comply with idustry rules, stadards ad agreemets ad all relevat laws ad statutory regulatios Have i place, adopt, ad regularly review writte policies ad procedures for key busiess aspects such as customer service, complaits hadlig ad Health ad Safety Be authorised by the appropriate authority where ecessary, (e.g. Fiacial Services Authority/Fiacial Coduct Authority) to carry out ay regulated fiacial activities Comply with Data Protectio requiremets ad esure that customers details will ot be passed to ayoe without their express permissio Esure that the operatio of the Park follows the coditios laid dow by the Local Authority i the Plaig Coset ad Site Licece Clearly display ad draw to your attetio the mai provisios of the Site Licece ad Park Rules Esure ay limitatios o the use (e.g.: holiday use oly) of the Holiday Home are show i the Licece Agreemet ad explaied to you Regularly review the quality of services provided by ay subcotractors Comply with the spirit of this Code, act with itegrity by coductig our busiess i a hoest, fair ad professioal maer, exercise due care, skill ad diligece ad ot brig the Code or scheme ito disrepute Moitor compliace with the Code at least aually ad facilitate NCC assessmets o a regular basis Carry out regular customer satisfactio surveys ad respod positively to ay feedback as part of a cotiuous improvemet philosophy Page 8 Holiday Park - Holiday Home Owership Code of Practice Issue 2 - Feb 2013
The Holiday Park - Holiday Home Owership Code of Practice 1. Marketig ad Advertisig 1. Our marketig will feature the curret NCC Approved scheme logo. 2. We will esure there is othig cofusig or misleadig i our marketig ad advertisig, promotios or publicatios (icludig ay comparisos with other Park Owers). 3. We will esure our marketig ad advertisig is clear ad accurate. 4. We will esure we comply fully with all legislatio ad regulatios relevat to marketig ad advertisig. 5. Where marketig ad advertisig refer to guaratee or warraty, we will esure full warraty terms are available. Your statutory rights will ot be affected. 2. Sales, Warraties ad Maiteace 1. We will esure our sales staff ad/or sales agets do ot give sales advice, or use techiques, which place udue or improper pressure o you ad if you are a vulerable customer, we will meet your eeds appropriately. 2. We will esure that all ew ad pre-owed Holiday Homes we sell are models that have bee approved uder the NCC Product Approval Scheme (or prior certificatio scheme), uless expressly advised to you i writig. 3. Upo orderig, we will issue you with either a completed copy of the NCC model Purchase Agreemet, or our ow Purchase Agreemet based o, ad cotaiig o less favourable terms tha, the NCC model Purchase Agreemet. 4. I accordace with the Price Markig Order 2004, all our pricig iformatio will be uambiguous, clearly displayed ad what is/is ot icluded i that price (e.g. pitch fees) will be itemised ad properly explaied to you. 5. We will produce a retail price list for all the models that we offer for sale. 6. We will produce a pricig template that at least icludes the followig: Make Size Model No. of Beds Year Features Price excludes: Trasport, Sitig ad Commissioig, Pitch Charges Price Features will specify ay sellig poits of the Holiday Home 7. We will provide clear ad cocise iformatio o the arragemets for deposits (where appropriate), coolig off periods ad cacellatio rights. 8. We will coduct a fully documeted hadover o the sale of ew ad pre-owed Holiday Homes ad esure you are aware of, ad uderstad, the warraty ad maiteace services available. Issue 2 - Feb 2013 Holiday Park - Holiday Home Owership Code of Practice Page 9
The Holiday Park - Holiday Home Owership Code of Practice New Holiday Homes a. At the poit of hadover we will give you the maufacturer s Holiday Home hadbook ad the maufacturer s Holiday Home warraty documet ad draw your attetio to its mai provisios. b. We will esure the warraty documet icludes, or you receive iformatio about, claims procedures, cotact iformatio, ad items specifically icluded i, or excluded from, its provisios. Your statutory rights will ot be affected. c. Where possible, we will trasfer the uexpired portio of ay maufacturer s ew Holiday Home warraty to a subsequet ower at o cost to the ew ower. Where repair work is required uder the warraty it may be carried out by us or our Distributor represetative staff if authorised by the maufacturer. A repairer who has ot bee authorised by the maufacturer may ot carry out work as the warraty may be ivalidated if this happes. d. I the evet that a Holiday Home is uusable for a exteded period to fix warraty faults, we will ask the maufacturer to exted the warraty period. Your statutory rights will ot be affected. e. We will ot charge you for repairs uder a maufacturer s warraty. Pre-owed Holiday Homes f. Where possible, we will clearly state, as a coditio of sale, whether a maufacturer s warraty has expired o a pre-owed Holiday Home uless we provide our ow, or a o-maufacturer, warraty. g. If we offer our ow warraty, we will esure it icludes, or you receive iformatio about, claims procedures, cotact iformatio, ad items ad charges specifically icluded i, or excluded from, its provisios. The warraty will ot affect your statutory rights. h. We will esure that all pre-owed Holiday Homes offered for sale have bee safety checked by suitably qualified cotractors (i.e. to meet statutory requiremets such as Gas Safe) ad have valid safety check certificates. 9. We will cotiue to provide you with support ad assistace followig the purchase of your Holiday Home ad liaise with maufacturers o your behalf both durig ad outside the warraty period. 3. Right to ad terms of the Licece Agreemet 1. I additio to the Purchase Agreemet, we will issue you with a Licece Agreemet to occupy a holiday pitch o the park ad a copy of the Park Rules before you eter ito ay legally bidig agreemet. 2. We will explai the mai provisios of the Park Rules to you. 3. The Agreemet will be persoal to you ad ot capable of assigmet or trasmissio by you. 4. We will esure that the Agreemet complies with all relevat cosumer legislatio ad regulatios ad the provisios of this Code ad, i particular, the terms relatig to occupacy. Page 10 Holiday Park - Holiday Home Owership Code of Practice Issue 2 - Feb 2013
The Holiday Park - Holiday Home Owership Code of Practice 4. Occupacy of the pitch 1. The Licece Agreemet we give to all purchasers of ew ad pre-owed Holiday Homes will clearly state the Agreemet Period. 2. O the sale of a ew Holiday Home we will offer you a Agreemet Period of ot less tha twelve years from the date you purchase your Holiday Home. 3. I the case of a pre-owed Holiday Home beig sold by us, we will give you a Agreemet Period of ot less tha the balace of the Agreemet Period from the date the Holiday Home was first purchased by a cosumer. 4. Where we, as a member of the NCC Approved Holiday Park - Holiday Home Owership scheme: a. Buy a park where the Holiday Home Owers are without the beefit of a Licece Agreemet, we will give all owers a Agreemet ad cosider offerig a Agreemet Period of ot less tha the uexpired period from the date the Holiday Home was first purchased by a cosumer. b. Buy a park where some, or all, of the Holiday Home Owers have the beefit of a existig Licece Agreemet, we will cosider offerig all owers a ew Agreemet ad cosider a Agreemet Period of ot less tha the uexpired period from the date the Holiday Home was first purchased by a cosumer. 5. I all other cases, such as at the ed of the iitial period of occupacy, the Agreemet Period is etirely a matter for egotiatio ad agreemet betwee you ad us. 6. Durig the period of ay Licece Agreemet, we will ot require you to remove a Holiday Home for the purposes of creatig a sale or solely o accout of its age. 5. Other charges ad chages i pitch fees 1. We will provide at least 45 caledar days writte otificatio ad explaatio of a proposed chage i pitch fees: a. Normally pitch fees will chage i lie with RPI (iflatio) or to cover the cost of improvemets o the Park, or chages i the Park operatig costs icludig those brought about by chages i the law or regulatory chage ad by taxatio. b. If 51% or more of all Holiday Home Owers o the Park object i writig to the chage the the matter will be determied either by agreemet betwee us or, if we both agree, by referral to a arbitrator (or i Scotlad a arbiter) or through the courts. 2. We may pass o to you as appropriate ay charges which are outside our cotrol such as rates, water charges ad other charges paid to third parties: a. We will make clear withi the Licece Agreemet which services ad charges are icluded i the pitch fee ad which additioal services ad charges are ot icluded. b. If we receive otice of a chage of charges outside our cotrol, we will provide as much advace otice as possible to you. c. Statutory charges such as rates will be i accordace with relevat legislatio. d. We will re-sell electricity ad mais/atural gas to you at the price we pay for it. e. We will ot sell LPG gas (piped ad/or bottled) at a price higher tha the recommeded retail price as set from time to time by the gas supplier. Issue 2 - Feb 2013 Holiday Park - Holiday Home Owership Code of Practice Page 11
The Holiday Park - Holiday Home Owership Code of Practice f. We have the right to charge a reasoable admiistrative fee to cover maiteace of the ifrastructure ad meter readigs i accordace with curret regulatios. 3. We will check that Holiday Homes are properly isured agaist the isurace requiremets clearly stated i the Licece Agreemet. Where you choose ot to isure the Holiday Home through the policy we offer, you must show us the origial ad provide a copy of the isurace for us to verify that adequate ad equal cover is i place. Where such a check takes place, we will be etitled to recover the reasoable costs icurred up to a maximum of 35 + VAT. 6. Chages i arragemets o a park 1. We are etitled to make chages to the Park or the way it is maaged or ru because we may wish to develop or improve the Park or its facilities i the ormal course of developig our busiess, or because we are asked to make chages to comply with a Local Authority Site Licece coditio. 2. We will give you at least 28 caledar days otice ad also cosult with Holiday Home Owers regardig ay proposed chages to the Park Rules. 3. By way of example, this may iclude the developmet of ew facilities ad ameities or the provisio of ew services or evirometal improvemets. 4. If the chage i arragemets results i a chage to the pitch fees, we will follow the procedure detailed i sectio 5 of this Code. 5. We will esure that where such chages take place the Licece Agreemet will ot subsequetly be ameded uilaterally but it will be bidig o our successors i title. New terms ad coditios will ot be itroduced which represet a fudametal chage to previous Agreemet terms. Examples of actios which would amout to breach of this paragraph are: a. Itroducig a ew requiremet that you must hire out your Holiday Home where this had ot bee a requiremet before. b. Itroducig provisios which discrimiate ureasoably betwee you ad ay other Holiday Home Ower o the Park. Page 12 Holiday Park - Holiday Home Owership Code of Practice Issue 2 - Feb 2013
The Holiday Park - Holiday Home Owership Code of Practice 7. Resale of the Holiday Home 1. You will have the right to sell your Holiday Home i three ways, as log as you have settled all outstadig accouts due to us i excess of 200 ad advised us i writig of your itetio to sell the Holiday Home i lie with the terms i the Licece Agreemet, as follows: a. You may sell the Holiday Home to us if we agree b. You may sell the Holiday Home ad the rights of ay uexpired Agreemet Period to keep it o the pitch (after offerig us first refusal), to a buyer (subject to our prospective ew ower procedures ad paymet of ay agreed commissio by you as the seller, to us) c. You may sell the Holiday Home off the park (reasoable removal charges apply) 2. We will esure that the procedure for the sale of the Holiday Home by you is clearly stated withi the Licece Agreemet. 3. We will esure we do ot charge more tha the idustry maximum rate of commissio of 15% + VAT for resale of the Holiday Home o the pitch. 8. Removal of the Holiday Home from the pitch or holiday park 1. We will esure that the procedures for removal of the Holiday Home either from the pitch or holiday park, or for whe the Licece Agreemet comes to a ed, are clearly stated. This icludes: a. Breaches o your part capable of remedy, breaches ot capable of remedy ad writte otice periods b. Repaymet of ay pitch fees ad other charges (e.g. water rates) that have bee paid by you i advace o terms o less favourable tha those i the idustry agreed scale of paymets (see termiatio sectio i the Licece Agreemet) c. Writte quotatios ad charges relatig to de-sitig ad removal of the Holiday Home d. De-sitig ad removal costs associated with breaches o our part e. Writte otice from us ad our resposibilities if we eed to temporarily move your Holiday Home (e.g. for redevelopmet, access, emergecy, etc.) f. Our resposibilities related to the replacemet of your Holiday Home o its origial pitch or move to a alterative pitch 9. Givig or bequeathig the Holiday Home to family members 1. We will esure that your rights ad the procedure for the givig or bequeathig of the Holiday Home by you are clearly stated i the Licece Agreemet ad explaied, icludig our prospective ew ower procedures. Issue 2 - Feb 2013 Holiday Park - Holiday Home Owership Code of Practice Page 13
The Holiday Park - Holiday Home Owership Code of Practice 10. Complait Hadlig 1. Complaits should be made to us i writig i the first istace - we will maitai a clear ad formal writte complaits procedure ad tell you what this is. 2. We will take effective ad immediate actio to try ad resolve ay customer complait. 3. We will: a. Ackowledge your complait, i writig or by phoe, withi 7 days of receipt b. We will issue a iitial respose or a fial decisio, i writig, as soo as possible or at the latest withi 14 days of complait receipt c. If we issue a iitial respose ad you otify us that it does ot resolve your complait, we will issue a fial decisio, i writig, as soo as possible or at the latest withi a further 28 days d. I all istaces, if we eed more time to ivestigate ad maage your complait (e.g.: because it ivolves aother party), we will provide writte reasos why ad a estimate of the date whe we expect to be able to issue a iitial respose or fial decisio. e. Keep a complaits log which will be available for ispectio by NCC assessors. 4. We will keep you iformed either by letter or e-mail, whichever you prefer. 5. Ay fial decisio will iclude details of the NCC Iformal Dispute Resolutio Service ad the NCC Idepedet Case Examier (the Examier) i case you require idepedet redress. Please ote that the Examier will oly cosider complaits that have bee set to, ad cosidered by, the NCC Iformal Dispute Resolutio Service first. 6. If you are ot satisfied with our fial decisio, or if we exceed the respose timescales, you should the refer your complait to NCC for iformal dispute resolutio. If this fails to resolve your complait or if the NCC Iformal Dispute Resolutio Service is ot able to hadle your complait, your complait may be escalated to the Examier. We will co-operate fully with the Examier durig a ivestigatio ad comply with his fial decisio which is bidig o us both. Please ote a admiistratio fee of 60 (icludig VAT) will be charged by NCC should you wish to use the Examier service. This fee is oly refudable if the Examier fids i your favour, subject to his discretio. There are o other charges to you for usig the service. 7. We will liaise, at your request, with ayoe actig formally o your behalf (e.g. Tradig Stadards, Citizes Advice Bureau, Cosumer Advice Cetre, etc.). Page 14 Holiday Park - Holiday Home Owership Code of Practice Issue 2 - Feb 2013
Explaatory Notes, Copyright ad Cotact Iformatio 1. This Code should be read i cojuctio with your Purchase ad Licece Agreemets. 2. Throughout this Code, all refereces to Licece Agreemet mea the agreemet betwee the member ad the Holiday Home ower for the Holiday Home to occupy a pitch o the Park. This may be the NCC model Licece Agreemet i full, or the member s ow Licece Agreemet based o, ad cotaiig o less favourable terms tha, the NCC model Licece Agreemet. 3. This Code is ot iteded to beefit those who ow ad sub-let Holiday Homes as a busiess activity. Similarly it is ot applicable to owers of residetial park homes (mobile homes) who occupy such as permaet resideces o residetial parks with the beefit of a Writte Statemet as provided for uder the Mobile Homes Act 1983 (as ameded). 4. Neither this Code or ay Licece Agreemet will cofer o the Holiday Home ower ay iterest i lad or ay rights after the ed of the Agreemet Period to site a Holiday Home o the Park. 5. For the avoidace of doubt, this Code will oly apply to agreemets (whether ew or reewal) etered ito after the issue date of this Code (see footer) ad will ot have retrospective effect i relatio to ay agreemets etered ito prior to the start date which would otherwise have bee covered by the Code. 6. Noe of the terms cotaied i this Code will affect the Holiday Home ower s rights uder the relevat cosumer legislatio ad regulatios. 7. Throughout this Code, referece to oe geder icludes the other geder ad referece to the sigular icludes the plural. 8. Throughout this Code referece to we, us ad our refer to the scheme member ad referece to you ad your refer to the Holiday Home purchaser/ower. 9. No part of this documet may be reproduced i ay form without the prior writte permissio of the NCC. The full Code ca be viewed o our website. Cotact Iformatio The NCC, Catherie House, Victoria Road, Aldershot, Hampshire GU11 1SS Tel No: 01252 318251 Fax No: 01252 322596 E-mail: ifo@thecc.org.uk Websites: www.thecc.org.uk or www.approvedholidayparks.co.uk 2013 Natioal Carava Coucil Limited Issue 2 - Feb 2013 Holiday Park - Holiday Home Owership Code of Practice Page 15
Appedix 1 - Defiitios The followig terms are used throughout the Code ad are defied as follows; Advertisig Agreemet Ay activity to promote or publicise us, our services or the Holiday Home or the park (whether i writig or otherwise icludig electroic media). The Licece Agreemet. Agreemet Period The legth of time agreed with the park ower, that you have the right to keep the Holiday Home o a pitch o a holiday park (the teure or occupacy). Not to be cofused with the moths withi the year that the site licece allows the Holiday Home to be occupied. Assessor Busiess Code Commissio Commitmet Cosumer A idepedet, impartial ad suitably experieced/qualified perso, appoited by the NCC, who performs assessmets o our busiess i order to verify our compliace with this Code. A o-goig trade, professio or occupatio carried out for the purpose of gai or reward. This Cosumer Code of Practice. The paymet to be made to us by the seller, if you sell the Holiday Home o the pitch ad we issue a ew Licece Agreemet to a ew Holiday Home Ower. A promise/express assurace o which expectatio is to be based. A perso who acquires goods ad services for his ow persoal eeds. Icludes ad describes the ower/ed user of ay Holiday Home as described i the Code, ay perso equirig about purchasig a ew or pre-owed Holiday Home ad ay perso buyig services from us. Page 16 Holiday Park - Holiday Home Owership Code of Practice Issue 2 - Feb 2013
Appedix 1 - Defiitios Cosumer Code Distributor Family Member Hire ; Hirig Holiday Home Holiday Home Ower Idepedet Case Examier (the Examier) Iflatio Licece Agreemet Maufacturer A Code of Practice that promotes ad protects the iterests of cosumers ad establishes a bechmark for idustry best practice. A aget sellig ew ad pre-owed Holiday Homes who offers a retail, aftersales, warraty ad maiteace service to holiday parks ad the public. I relatio to you, your spouse, civil parter, paret, gradparet, child (icludig stepchild), gradchild, brother or sister icludig the spouse of ay of those persos. The act of obtaiig for paymet whether i cash or i kid for the use of the Holiday Home by persos (except Family Members) other tha yourself. The Holiday Home sold for holiday ad recreatioal use ad specified i a Licece Agreemet. The idividual (you) i possessio of the Holiday Home ad party to a Licece Agreemet. A idepedet, impartial ad suitably experieced/qualified perso, appoited by the NCC, who ivestigates ad makes decisios o uresolved complaits. The movemet of the Geeral Idex of Retail Prices (RPI) published by the Office of Natioal Statistics. If it becomes impossible to measure Iflatio by meas of the RPI, the some other idex havig a similar purpose published by a public body would be used. The writte agreemet (sometimes kow as a Pitch Licece Agreemet) betwee you ad us to keep a Holiday Home o a pitch o the Park. This may be the NCC model Licece Agreemet i full, or our ow Licece Agreemet based o, ad cotaiig o less favourable terms tha, the NCC model Licece Agreemet. The Holiday Home maufacturer. Member The scheme member participatig i the NCC Approved Holiday Park - Holiday Home Owership scheme. NCC NCC Approved Holiday Park - Holiday Home Owership logo NCC Approved The Natioal Carava Coucil. The logo show o the frot of this documet. The logo ca oly be used by a scheme member o their letterhead, promotioal ad advertisig material, website ad premises whe they have bee assessed agaist ad meet the Code of Practice, ad have bee grated Approved Status uder the scheme. A badge that idetifies that NCC members product or cosumer service stadards meets miimum requiremets ad stadards. Issue 2 - Feb 2013 Holiday Park - Holiday Home Owership Code of Practice Page 17
Appedix 1 - Defiitios NCC Approved scheme NCC Iformal Dispute Resolutio Service Obligatio Occupacy Ower Park Park Ower Park Rules Pitch Pitch Fee Pre-owed Promise Purchase Agreemet Scheme Site Licece Warraty A scheme that demostrates the busiess s commitmet to its customers to protect their iterests, treat them fairly ad hoestly ad maitai high stadards. The Cosumer Code is at the heart of the scheme ad establishes a bechmark for idustry best practice ad quality customer service which is the moitored ad policed through the scheme. A service operated by the NCC aimed at deliverig a mutually agreeable outcome to a uresolved complait betwee us. A bidig promise or cotract. The legth of time agreed with the park ower, that you have the right to keep the Holiday Home o a pitch o a holiday park (the teure or Agreemet Period). Not to be cofused with the moths withi the year that the site licece allows the Holiday Home to be occupied. The idividual (you) i possessio of the Holiday Home that is a party to the Licece Agreemet. Lad with the beefit of plaig permissio licesed for holiday or recreatioal use referred to as a carava site uder The Carava Sites & Cotrol of Developmet Act 1960 o which Holiday Home Owers may keep their Holiday Homes with the beefit of a Licece Agreemet. The idividual, compay or ay successors i title amed i the Licece Agreemet as beig the Park Ower or authorised by the Park Ower to be resposible for its operatio that is a party to the Licece Agreemet. The rules of coduct ad practice issued by us from time to time which are applicable to the occupatio ad use of Holiday Homes ad other facilities at the Park. Does ot iclude ay part of the Park except that o which the Holiday Home stads. The charge made by us for use of the pitch ad for those services ad facilities for which there is o additioal paymet or charge. Is take to mea used ad vice versa. A express assurace o which expectatio is to be based. The writte agreemet betwee you ad us for the purchase of the Holiday Home o a Park. The NCC Approved Holiday Park - Holiday Home Owership scheme. The Site Licece applicable to the Park issued to us by the local authority uder sectio 1 of the Carava Sites ad Cotrol of Developmet Act 1960. Is take to iclude the maufacturer s warraty ad ay extesio offered by the seller of a ew Holiday Home. It also icludes ay warraty offered by us o a pre-owed Holiday Home. Page 18 Holiday Park - Holiday Home Owership Code of Practice Issue 2 - Feb 2013
Appedix 1 - Defiitios We/our/us The scheme member participatig i the NCC Approved Holiday Park - Holiday Home Owership scheme for the purchase ad sale of ew ad pre-owed Holiday Homes, the agreemet to occupy a pitch o a holiday park ad the provisio of a warraty ad maiteace service, that is a party to the Licece Agreemet. Witerisatio Workig Days You/your Preparig the Holiday Home to prevet damage durig the period whe the park is closed ad the Holiday Home is ot i use. Meas Moday, Tuesday, Wedesday, Thursday ad Friday, excludig Bak Holidays. The Holiday Home Ower. Where there is more tha oe perso described as the Holiday Home Ower i the Licece Agreemet each is fully resposible for the obligatios uder the Agreemet. Issue 2 - Feb 2013 Holiday Park - Holiday Home Owership Code of Practice Page 19
The UK trade body for the tourer, motorhome, holiday home ad park home idustries www.thecc.org.uk The Natioal Carava Coucil Limited Registered Office: Catherie House, Victoria Road, Aldershot, Hampshire GU11 1SS Registered i Eglad ad Wales. Compay Number: 519228 Copyright: No part of this documet may be reproduced i ay form without the prior writte permissio of the NCC. Prit quality PDF s are available free of charge or prited copies are available for a omial fee.