Do I have to pay the municipal tax for my caravan holiday home? 3. Part 8 of the 2002 Business Act gives the OFT the power to obtain court injunctions against economic operators that violate a number of consumer rules, such as abusive clauses in consumer contracts and distance selling. It defines the duration of the licence agreement and the terms of the sale of a caravan in the park. It also contains the details of an appeal and arbitration procedure. 4. The unfair clauses of contracts with consumers in 1999 apply to standard contractual clauses used with consumers. UTCCCs protect consumers from unfair standard terms in their contracts with merchants. The OFT and some other bodies may take legal action to prevent the use of potentially abusive clauses. A clause is likely to be considered abusive if, contrary to the good faith requirement, it results in a significant imbalance in the rights and obligations of the parties to the contract to the detriment of consumers. The regulations state that a consumer is not bound by a standard clause in a contract with a professional if that clause is abusive. In the end, only a court can decide whether a clause is unfair. All park owners who enter into standard contracts with holiday home owners (z.B.
sales contract or licensing agreement) must be aware of the unfair clauses contained in the Consumer Contracts Regulations 1999. The regulations apply to all standard terms of any agreement – and to your parking rules if they are part of an agreement or mentioned in it. They have a code of conduct under which caravan owners are entitled to a written licence agreement. The main associations representing caravan park owners are the British Holiday and Home Parks Association (BHHPA) and the National Caravan Council (NCC). If you have a problem with the park or caravan owners, there are organizations that can ask for help and advice. It may be helpful to talk to the park owner first to resolve any difficulties. A standard contract term is abusive when it results in a significant imbalance in the contractual rights and obligations of the parties to the detriment of the caravan owner. The Office of Fair Trading (OFT) has submitted guidelines on conditions they deem unfair, including the age of the caravan rules, late payment penalties and clauses allowing a park owner to terminate a licence agreement for vague reasons. Should I have a licensing agreement if I buy a motorhome? What you should think To avoid confusion and misunderstanding, the terms of your agreement must be written down. Before you sign something, make sure you have all the information you need to make your decision. You will need a parking space to use a static holiday caravan and therefore the contract will include a contract for the sale of the caravan and a license with permission to use the parking space.
How can I finance the purchase of my motorhome? If you think a park owner is using an unfair term to your detriment, or if you are unsure of a particular clause, you seek independent legal advice. Can I occupy the caravan holiday home permanently all year round? For example, if you were sold a caravan and said it was four years old, but it was six years old, or the price charged was not indicated on a caravan, standard trading service could investigate. Why the CMA believes that certain standard contractual conditions used in holiday caravan contracts are potentially unfair. Can I rent my holiday home if I`m not there? Clearer and fairer termination terms and the possibility of terminating a contract and obtaining a proportionate refund of advances, Have you experienced any unfair terms in your contract – if so, we would like to hear about it. Please leave a comment below. „We welcome the efforts of the British Holiday – Home Parks Association and the National Caravan Council to address the concerns of this market