codes The uk trade body for the tourer, motorhome, holiday caravan and park home industries. CODE OF PRACTICE Selling New and Used Caravan Holiday Homes on a Caravan Holiday Park Publication date: February 2011
Contents Definitions 3 Introduction 5 The Code of Practise General 7 Right to an Agreement 8 Selling Techniques 8 Tenure 9 Removal of the Caravan from the Park or Pitch 10 Pitch fees and other charges 14 Resale of Caravans 15 Giving to family members and Bequeathing Caravans 18 Changes in Arrangements on a Park 20 Terms of License Agreemnets 21 Complaints Procedure 23 Independent Conciliation 25 Independent Arbitration 25 Aims of the Code The Code of Practice for selling caravan holiday homes aims to set out clearly the standards and practices to be followed in the sale and purchase of caravan holiday homes, and the agreement to occupy a caravan pitch on a holiday park. In particular it aims to provide clear, unambiguous information and contracts written in plain English to ensure clarity in the conditions, requirements and financial arrangements. 2 codes
Definitions Agreement Period the length of time agreed by both the Caravan Owner and the Park Owner which entitles the Caravan Owner to keep the Caravan on the Pitch at the Park and use it for holiday and recreational purposes during the time each year when the park is open. Caravan the caravan holiday home sold for holiday and recreational use and specified in a Licence Agreement Caravan Owner the individual or company in possession of the Caravan and party to a Licence Agreement The Code this Code of Practice for Selling Caravan Holiday Homes Commission the payment to be made to the Park Owner if the Caravan Owner sells the Caravan on the Pitch and the Park Owner issues a fresh Licence Agreement to the new Caravan Owner Date of Manufacture the date the caravan holiday home was manufactured and recorded by the manufacturer Fair Market Value the price (taking into account current market conditions) which a purchaser of a caravan would reasonably expect to pay and which the seller of a caravan would reasonably expect to accept for the Caravan located for sale on the Park complete with a Licence Agreement in accordance with the Code. This price shall be calculated without regard to any Commission which the Park Owner would be entitled to charge under paragraph 21 below on the resale of the Caravan on the Pitch. Family Member in relation to the Caravan Owner his spouse, civil partner, parent, grandparent, child (including stepchild), grandchild, brother or sister including the spouse of any of those persons.. Hire ; Hiring the act of obtaining for payment whether in cash or in kind for the use of the Caravan by persons (except Family Members) other than the Caravan Owner. codes 3
Definitions cont d Inflation means the movement of the General Index of Retail Prices published by the Office of National Statistics. If it becomes impossible to measure Inflation by means of the General Index of Retail Prices, then some other index having a similar purpose published by a public body would be used Licence Agreement the written agreement between the Park Owner and the Caravan Owner for the keeping of the Caravan on a pitch on the Park. Park land licensed for holiday or recreational use under The Caravan Sites & Control of Development Act 1960 (or in Northern Ireland under the Caravans (Northern Ireland) Act 1963) on which caravan owners may keep their caravans with the benefit of a Licence Agreement. Park Owner the individual, company or any successors in title named in the Licence Agreement as being the Park Owner or authorised by the Park Owner to be responsible for its operation. Park Rules the rules of conduct and practice issued by the Park Owner from time to time which are applicable to the occupation and use of caravans and other facilities at the Park. Pitch does not include any part of the Park except that on which the Caravan stands. Site Licence the Site Licence applicable to the Park issued to the Park Owner by the local authority under section 3 of the Caravan Sites and Control of Development Act 1960 (or in Northern Ireland under Section 3 of the Caravans Act (Northern Ireland) 1963). Working Days means Monday, Tuesday, Wednesday, Thursday and Friday, excluding Bank Holidays. Throughout the Code reference to one gender shall include the other gender and reference to the singular shall include the plural. 4 codes
Introduction This Code sets out principles of good practice and the minimum standards required in the operation of parks owned and / or managed by members of the National Caravan Council (NCC) where there are caravans under private ownership. It replaces all previous Codes of Practices related to the selling of Caravan holiday homes. This Code should be read in conjunction with the Office of Fair Trading Guidance on Unfair Terms in holiday Caravan agreements (September 2005) and the industry model purchase and licence agreements issued in February 2008. There is a complaints procedure for any Caravan Owner who feels dissatisfied with the treatment he has received from a member of the NCC. Paragraph 27 of the Code explains how to use this procedure. The NCC will review all complaints and where the member is found to have breached the Code they will be given the opportunity to remedy the complaint. In more serious and persistent breaches of the Code they will use their disciplinary procedures against the members which may result in expulsion of the member from the NCC. Caravan Owners must recognise that they are entering into a long term agreement which brings with it certain responsibilities. Caravan Owners should make sure they understand the full implications of each stage of their purchase transaction. They are entering into a legally binding contract and should read every document carefully before agreeing to the terms of the contract and signing it. Once the purchase is complete, Caravan Owners should ensure they look after their Caravan and understand what maintenance and upkeep is necessary, the appropriate health and safety requirements and the precautions needed for cold weather in winter. Caravan Owners must also recognise that they are joining a new circle of holiday and recreational neighbours and should respect the privacy and rights of those neighbours. codes 5
Introduction cont d The Park Owner has to ensure that the operation of the Park follows the conditions laid down by the local authority in the Planning Consent and Site Licence. The Caravan Owner s attention should be drawn to the Site Licence which should be displayed in a conspicuous place on the park such as the park notice board. Caravan Owners need to be familiar with any obligations placed on them by the Site Licence and to bear in mind that these can be changed by the local authority. Where that happens, it may be necessary for the Park Owner to change the terms and conditions or facilities at the Park. The conditions of the Site Licence which are likely to affect Caravan Owners are those requiring the space between caravans to be kept clear; - prohibiting combustible structures between caravans - regarding car parking - requiring the underside of caravans to be kept clear Any limitations on the use of the Caravan should be shown in the written licence agreement between the Caravan Owner and the Park Owner. This Code is for the benefit and protection of Caravan Owners. It is not intended to benefit those who own caravans as part of their business activities. Similarly it is not applicable to owners of residential park homes (mobile homes) who occupy such as permanent residences on residential parks licensed under the Mobile Homes Act. Neither this Code nor any Licence Agreement shall confer on the Caravan Owner any interest in land or any rights after the end of the Agreement Period to site a Caravan on the Park. 6 codes
THE CODE OF PRACTICE General 1. Unless otherwise stated, all new caravans offered for sale by the Park Owner will comply with the relevant national or European habitation standard. 2. All documentation issued by the Park Owner shall comply with the Unfair Contract Terms Act 1977, Sale of Goods Act 1979, Supply of Goods and Services Act 1982, the Sale and Supply of Goods Act 1994, the Unfair Terms in Consumer Contracts Regulations 1999, Consumer Protection Regulations 2008 and other relevant statutes. The Park Owner will explain in clear and plain language to a prospective purchaser the financial terms for the purchase and keeping of the Caravan on the Pitch and all obligatory charges for the use of facilities and amenities, including the terms applying to charges and rebates if leaving the Park. The Park Owner shall also give details of insurance requirements and utility supplies. These arrangements will be explained in Plain English within a written contract, proposed to the purchaser of a Caravan. The Caravan purchaser should ensure that he understands all of the contractual arrangements and that they reflect the terms negotiated and agreed for the purchase before signing the contract to indicate his agreement. 3. If the terms of the Licence Agreement permit the hiring out of the Caravan, this must be made clear to the purchaser before the Licence Agreement is signed. A separate agreement covering the terms of the hiring shall be entered into between the Caravan Owner and the Park Owner. 4. To demonstrate to the public their commitment to, and observance of the Code all members of the NCC will prominently display their membership symbol and have copies of the Code available in the park office, and on request. 5. The Park Owner must be able to arrange for the service and repair of the Caravan and related equipment. codes 7
Right to an Agreement 6. Under the Code, all Caravan Owners are entitled to and must be given a Licence Agreement which should comply with this Code of Practice for the period of tenure provided by paragraph 8 below. Before the prospective purchaser enters into a legally binding agreement, the Park Owner will provide a copy of the Licence Agreement and the Park Rules. The Licence Agreement will be personal to the Caravan Owner and not capable of assignment or transmission by him. The Park Owner can either issue Caravan Owners with a copy of the industry model purchase and licence agreements in full, or base their own purchase and licence agreements on the terms in the model contracts. The model industry agreements represent the minimum terms required under the current legislation and copies can be obtained from the Trade Association contact details appear at the end of this Code. Selling Techniques 7. The Park Owner and his staff must not use, and must guard against and actively discourage his sales staff and / or sales agents from using, sales techniques which place undue or improper pressure on the prospective Caravan Owner. 8 codes
Tenure 8. The length of time that a Caravan Owner will have the right to keep the Caravan on the Pitch will be agreed between the prospective Caravan Owner and the Park Owner at the time of the purchase of the Caravan. All prospective purchasers of new and used caravans will be offered a written Licence Agreement which clearly indicates the Agreement Period agreed. On the sale of a new Caravan the Park Owner will propose an Agreement Period of not less than ten years from the date the Caravan was manufactured. Where the Caravan is made available for hire a separate agreement period will be agreed to reflect the additional use. In the case of a used Caravan being sold by the Park Owner, he shall propose to the prospective Caravan Owner an Agreement Period being no less than the balance of the period of ten years from the date of manufacture referred to in the previous paragraph. Where a Park Owner who is a member of the Trade Association buys a park where the Caravan Owners are without the benefit of a written licence agreement or being a Park Owner joins the Trade Association, he shall offer all existing Caravan Owners on the park a Licence Agreement with an Agreement Period of not less than the unexpired period of ten years from the date the Caravan was manufactured. In all other cases, the Agreement Period of the Licence Agreement is entirely a matter for negotiation and agreement between the Caravan Owner and the Park Owner. During the period of any Licence Agreement the Caravan Owner will not be required to remove a Caravan for the purposes of creating a sale or solely on account of its age. codes 9
Removal of the Caravan from the Park or Pitch 9. In the case of a serious breach by the Caravan Owner of one or more of the provisions of the Licence Agreement or Park Rules which is not capable of remedy, or is such that it causes a breakdown in the relationship between the Caravan Owner and the Park Owner, the Park Owner shall be entitled to end the Licence Agreement after serving reasonable notice in writing on the Caravan Owner having regard to the nature of the breach. In the case of a breach which is capable of remedy (such as a failure to repair or to pay the pitch fees or other charges promptly as they fall due), the Park Owner shall take no action to end the Licence Agreement until he has first served a written notice on the Caravan Owner. The written notice shall specify the breach requiring it to be put right in a reasonable time. If the Caravan Owner does not comply with the written notice and the breach is serious and/or amounts to persistent breaches of obligation which taken individually would be minor but which taken together cause a breakdown in the relationship between the Caravan Owner and the Park Owner, the Park Owner shall be entitled to give not less than 28 days notice in writing to end the Licence Agreement and to require the removal of the Caravan from the Park. 10. A Caravan Owner who intends to give up his pitch shall give the Park Owner at least two months notice in writing to end his Licence Agreement unless there is some breach of obligation on the part of the Park Owner in which case the Caravan Owner may leave earlier but shall give the Park Owner as much written notice as possible. 10 codes
Where it is either the Caravan Owner or the Park Owner who ends the Licence Agreement the Park Owner must, as a minimum, repay any pitch fees and other charges paid by the Caravan Owner in advance for a period after the date the Licence Agreement ends on the following scale: Where the number of months since the payment date to the end of the month of termination is: Months since due payment date Percentage refund due Up to 1 80% 1 to 2 70% 2 to 3 60% 3 to 4 50% 4 to 5 40% 5 to 6 30% 6 to 7 20% 7 to 8 10% 8 to 9 or after 30th June each year No refund The scale of percentage refund payments set out above does not prejudice any further action the Caravan Owner takes against the Park Owner, if the Park Owner is proven to be in breach of his obligations under the Licence Agreement. codes 11
11. The Caravan Owner will arrange with the Park Owner for the removal of the Caravan and all other property from the Park within one month after termination of the Licence Agreement, however that comes about. To maintain standards on the Park and to prevent damage to the Park and its installations, any work in de-siting or removing the Caravan (even after termination of the Licence Agreement) must be done by the Park Owner or by the Park Owner s contractors. The Caravan Owner pays for removing the Caravan from the Park or for moving the Caravan at the Park Owner s request. The Park Owner s charges must be reasonable and based on the time spent and the work done and must not exceed those of a written quotation for having the work carried out by an appropriately competent and a suitably qualified and experienced independent contractor(s) and in accordance with industry guidance. The Park Owner will provide the Caravan Owner with a written quotation for any work in de-siting or removing the Caravan. If within 14 days of receiving the written quotation, the Caravan Owner provides a written quotation for the same work to be carried out by an appropriately competent and experienced independent contractor(s) and in accordance with industry guidance, the Park Owner will charge the Caravan Owner no more than the independent contractor(s) quotation for the same work. Payment of the Park Owner s costs in the movement or de-siting of the Caravan will not be sought if the Park Owner is proven to be in serious breach of his obligations under the Licence Agreement. 12. A Park Owner who wishes to move a Caravan from a particular pitch to allow redevelopment of an area of the Park, or install some facility, or to comply with a Local Authority Site Licence condition or for access to an area that cannot reasonably be gained by any other route, shall give the Caravan Owner at least 28 days notice in writing and shall be responsible for all reasonable costs of the move. 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 the Park Owner has no control, such as a water supply company or other utility company, the Park Owner will give as much notice as possible. 12 codes
The Park Owner will ensure that any temporary move to an alternative pitch of similar quality will be as short as reasonably practicable for the redevelopment and/or maintenance work. Following the movement of the Caravan, the Park Owner is entitled to return the Caravan to its original Pitch or to site it permanently on another pitch. If the consequence of the redevelopment or maintenance work is that the original Pitch is less pleasant, or if the move is permanent, the Park Owner must offer an alternative pitch of similar quality to the original Pitch as it was before the move. codes 13
Pitch Fees and Other Charges 13. The Park Owner shall give the Caravan Owner at least one month s written notification of an increase in pitch fees. Normally pitch fees will increase in line with Inflation or to cover the cost of improvements on the Park, or changes in the Park operating costs including those brought about by changes in the law or regulatory change and by taxation, or to take account of the market rates for pitch fees. 14. Where an increase in pitch fees is proposed the Park Owner shall give the Caravan Owner an explanation in writing of the reasons for the proposed increase. 15. If not less than 51% of all Caravan Owners on the Park affected by the increase object in writing then the matter shall be determined either by agreement between the Caravan Owner and the Park Owner, or if Caravan and Park Owner agree by referral to an arbitrator (or in Scotland an arbiter) or through the courts. 16. The Park Owner may pass on to Caravan Owners as appropriate any charges which are not within the control of the Park Owner such as rates, water charges and other charges paid to third parties. The Caravan Owner s attention should be drawn to the summary of pitch fees at the beginning of the licence agreement which should make clear which services and charges are included in the pitch fee, and those for which extra charges will or may be made. Statutory charges will be in accordance with relevant legislation. 17. The Park Owner shall re-sell electricity and mains/natural gas to the Caravan Owner in accordance with the current regulations and legislation. Similarly the Park Owner shall not sell LPG gas (piped and or bottled) at a price higher than the recommended retail price as set from time to time by the gas supplier. 18. Caravans shall be properly insured against fire and storm damage and third party liability and the insurance requirements clearly stated in the Licence Agreement. Where the Caravan Owner choses not to insure the Caravan through the policy offered by the Park, the Caravan Owner must provide a copy of the insurance for the Park Owner to verify that adequate cover is in place. Where such a check of the annual policy takes place the park owner will be entitled to recover the reasonable costs incurred for checking the policy. 14 codes
Resale of Caravans 19. The purpose of this section of the Code is to ensure that a balance is maintained between the reasonable expectations of both the Park Owner and the Caravan Owner. A Caravan Owner may reasonably expect to receive a fair price for his Caravan if he chooses to sell his Caravan. Equally, the Park Owner may reasonably expect to control the occupancy of the Park. 20. The Caravan Owner shall have the unrestricted right to sell his Caravan off the Park or to remove it at any time, as long as he has settled all outstanding accounts due to the Park Owner in excess of 200 and advised the Park Owner in writing of his intention to sell the Caravan in line with the terms in the written Licence Agreement. The Caravan Owner also has the right to sell his Caravan and the rights of any unexpired Agreement Period to keep it on the Pitch. The procedure for the sale of the Caravan by the Caravan Owner should be clearly stated in plain English within the Licence Agreement and the following is recommended as a model: The Caravan Owner must write and tell the Park Owner if he is putting the Caravan on the market for sale while it remains on the Park and must write again if he changes his mind and decides not to sell the Caravan. The Caravan Owner must also tell the Park Owner in writing whether the Caravan is subject to finance and if it is, to give the name of the company and the reference number of the finance agreement to the Park Owner. The Caravan Owner must arrange all relevant gas and electrical safety checks by competent contractors, to ensure the safety of the Caravan and produce the certificates to the Park Owner on request. The Caravan Owner advertises the Caravan for sale and finds a buyer. codes 15
The Caravan Owner must write to the Park Owner telling him the price at which he intends to sell the Caravan in which case the Park Owner is entitled to buy the Caravan, for the same price, without charging the Caravan Owner any Commission, during the five working days after receiving the letter. If the Park Owner wishes to buy the Caravan under this arrangement, he must notify the Caravan Owner in writing by first class post. If the Park Owner buys the Caravan in this way, he may only deduct from the purchase price he pays to the Caravan Owner sums which are lawfully due to him under the Licence Agreement and any sum needed to settle outstanding finance. The Park Owner must send the payment for the Caravan within five working days after sending the Caravan Owner notification of his decision to purchase of the Caravan. If the Park Owner decides not to purchase the Caravan, the Caravan Owner must allow the Park Owner to vet his prospective purchaser by seeking suitable references and carrying out the enquiries he considers to be appropriate. As such, the Caravan Owner must inform the Park Owner of the name and address of the prospective purchaser. If the Park Owner wishes, he may require a meeting with the prospective purchaser to deal with any questions he may has in relation to Caravan ownership and the responsibilities that follow. The Park Owner must undertake any enquiries under this clause with reasonable diligence and must notify the Caravan Owner of his approval, or, in writing that his approval is to be withheld, as soon as is reasonably practicable. The Park Owner must only withhold approval of a prospective buyer on reasonable grounds. The transaction must be conducted through the Park Owner s office and the Caravan Owner appoints the Park Owner as his agent for that purpose. The Park Owner must receive all purchase moneys from the buyer and promptly pay and account to the Caravan Owner for the same, subject to discharging any finance outstanding on the Caravan and payment to the Park Owner of the Commission and VAT. Where the Park Owner has approved the prospective purchaser and the sale has been transacted, the Park Owner must give the purchaser a new Licence Agreement for the length of time the Agreement Period is still to run. In other respects the new agreement will contain no less favourable terms to the buyer than the Caravan Owner s Licence Agreement. 16 codes
Before the Park Owner issues the new agreement to the purchaser, he will charge a Commission at the percentage rate (plus VAT) stated in the Licence Agreement of the price paid for the Caravan unless the Park Owner is proven to be in serious breach of his obligations under the Licence Agreement. Apart from the Commission, the Park Owner must not make any other charges to the Caravan Owner or to the purchaser of the Caravan without express agreement or unless additional rights or services are agreed between the parties. 21. The Commission must be clearly stated in the Licence Agreement and must not be more than 15% of the Fair Market Value of the Caravan. 22. The rights to sell the Caravan may be exercised by the personal representatives of the Caravan Owner after his death. codes 17
Giving to family members and Bequeathing Caravans 23. The purpose of this section of the Code is to provide guidance so that a balance is maintained between the reasonable expectations of both the Park Owner and the Caravan Owner. A Caravan Owner may reasonably expect to give his Caravan and the rights of any unexpired Agreement Period to keep it on the Pitch, or bequeath it to a Family Member. Equally, the Park Owner may reasonably expect to control the occupancy of the Park. 24. The procedure for the gift or bequeathing of the Caravan by the Caravan Owner should be clearly stated in plain English within the Licence Agreement and the following is recommended as a model: The Caravan Owner has the right to make a gift of the Caravan to a proven Family Member including on his death either by will or as the result of the operation of the law relating to intestacy. The Family Member who receives the Caravan as a gift, or the Family Member who inherits the Caravan following the death of the Caravan Owner, may apply to the Park Owner for an agreement to keep the Caravan on the Park, provided that: the Family Member permits the Park Owner to seek suitable references and to carry out appropriate enquiries, the Family Member attends a meeting with the Park Owner should the Park Owner require one and the Park Owner is reasonably satisfied that the Family Member will comply with equivalent obligations to the obligations under the Caravan Owner s Licence Agreement. 18 codes
The Park Owner will give that Family Member an agreement for the term of the Agreement Period which then remains unexpired, and otherwise containing no less favourable terms to the Family Member as the Caravan Owner s Licence Agreement, without charge. The procedure does not affect the right of the Caravan Owner s personal representatives to sell the Caravan in accordance with the procedure set out above as if the Caravan Owner in that clause referred to the personal representative(s). The Park Owner must undertake any enquiries that he may make under this procedure are carried out with reasonable diligence and we will notify the Caravan Owner of his approval, or, in writing, that his approval is to be withheld, as soon as is reasonably practicable. The Park owner s approval will not be unreasonably withheld. codes 19
Changes in Arrangements on a Park 25. The Park Owner is entitled to make changes to the Park or the way it is managed or run because he wishes to develop or improve the Park or its facilities in the normal course of developing his business. This may, by way of example, include development of new facilities and amenities, provision of new services and environmental improvements, and often occurs where a park has recently changed ownership. In general, improvements of this sort are in the interests of both the Park Owner and the Caravan Owner. Where such changes take place a Licence Agreement shall not subsequently be amended unilaterally and shall be binding on the successors in title to the Park Owner. New terms and conditions shall not be introduced which represent a fundamental change to previous arrangements. Examples of actions which would amount to breach of this paragraph are: - Requiring a Caravan Owner to enter into a lease in place of the Licence Agreement. Introducing a new requirement that the Caravan Owner should hire out his Caravan where this had not been a requirement before. Changing the basis on which hiring is carried out by, for example, requiring it to be done through the exclusive agency of the Park Owner. Introducing provisions which discriminate unreasonably between one Caravan Owner on the Park and another. 20 codes
Terms of Licence Agreements 26. A Licence Agreement issued in accordance with the Code shall include, as a minimum, the following in plain English and conforming to the requirements of consumer law: a) The names of the parties. b) The Caravan Owner s permanent residential address (the address to which all communications from the Park Owner to the Caravan Owner shall be sent). c) Details of the Caravan to which the Licence Agreement applies including the date of or year of manufacture. d). The Agreement Period the dates when the Licence Agreement shall start and end. e) The times of the year the park is open for occupation. f) The amount of the annual pitch fee, when it is to be paid, how it is to be reviewed and what services are included within the pitch fee or available at additional charge. g) The rates charged through the Park Owner by the local authority and when they are reviewed. h) The rate of commission payable to the Park Owner on resale of the Caravan on the pitch. i) What other charges are made (e.g. hiring agency, supervisory services, club membership, entry to swimming pool, gas supplies etc) specifying those that are obligatory. j) Any requirements for insuring the Caravan. k) The terms for either party ending the Licence Agreement, including rebate arrangements for any repayment. l) The terms for selling the Caravan and issuing a new Licence Agreement to the purchaser. codes 21
m) The terms for giving and bequeathing the Caravan to a family member and issuing a new Licence Agreement to that Family Member. n) Whether hiring the Caravan is permitted, the terms governing hiring and what charges are to be made for this service when provided. o) What services are available to the pitch. p) The responsibility of the Park Owner to provide and maintain services (stating which services). q) The responsibility of the Caravan Owner to be familiar with and comply with any site licence conditions that affect them, the park rule and to maintain the Caravan and its equipment in good condition. r) The basis of any de-siting or removal fees the Park Owner may charge to allow removal of the Caravan from the park. s) Details for the notification of amendment to the park rules. t) The availability of conciliation and arbitration services to resolve any dispute. u) A signature box incorporating a statement advising that it is a legally binding agreement and should only be signed if its terms and conditions have been read and fully understood 22 codes
Complaints Procedure 27. When a Park Owner receives a complaint he must take immediate notice of it and take action to achieve a mutually acceptable settlement. In the event of a complaint the status quo should be maintained. Park Owners must advise a complainant of the conciliation processes offered by the NCC and the independent arbitration services available. A Caravan Owner may at any time seek guidance in settling complaints from their local Trading Standards Department, Citizens Advice Bureaux and Consumer Advice Centres. STEP ONE: Complaining to the park Should a Caravan Owner feel dissatisfied, they should first complain directly to the park. This may be done either in person, or in writing (including email) where possible. If a Caravan Owner wishes to write to the Park owner but is unsure of whom to contact, then the park will confirm the name and postal address of the contact. If requested, the Park Owner will provide this information in writing. Should the Caravan Owner prefer another person or a recognised consumer organisation (like Trading Standards or Citizens Advice) to pursue a complaint on their behalf, then the Park Owner will continue to cooperate fully to resolve the complaint. The Park Owner must have in place a clear and accessible mechanism for recording and dealing with complaints. codes 23
STEP TWO: Conciliation by the National Caravan Council (NCC) If the park is unable to resolve the complaint, then the NCC will try to facilitate an agreement between the Caravan Owner and the Park Owner. The conciliation service is offered free of charge. To use this service, the Caravan Owner should contact the NCC to check that the Park is a member of the Council to activate the service. Details of the conciliation service will then be forwarded to the Caravan Owner, and on receipt of the completed forms will seek to resolve the complaint through conciliation. At the end of the process, it will advise the Caravan Owner in writing of its final conclusion regarding the complaint. (Contact details for the NCC appear at the end of this Code.) STEP THREE: Independent Dispute Resolution If conciliation through the NCC does not resolve the complaint, the Caravan Owner and the Park Owner can seek recourse to an independent conciliation and arbitration service, which is free of charge to the Caravan Owner. These services are supplied by the Independent Consumer Redress Service (ICRS). The Park Owner will cooperate fully with the Conciliation Service to resolve the complaint. 24 codes
Independent Conciliation Under the independent conciliation process, the ICRS will work with the Caravan Owner and the Park Owner to resolve the complaint quickly and fairly. It will first help the parties to settle the complaint themselves. If this is not possible, it will recommend a solution. A recommendation becomes binding if both the Caravan Owner and the Park Owner agree. Using the conciliation service does not prevent the Caravan Owner from seeking redress through other legal means. To use the independent conciliation service, the Caravan Owner should contact the NCC for details. Independent Arbitration Under the independent arbitration process, the ICRS as an independent expert reviews information from the Caravan Owner and Park Owner, and based on this information provides a ruling on how the complaint is to be resolved. The ruling is legally binding on the Park Owner and the Caravan Owner. Irrespective of whether or not the Caravan Owner and the Park Owner agree with the ruling, it is final and cannot be challenged. A Caravan Owner whose complaint has not been resolved through the independent conciliation process is entitled to use the independent arbitration service, within six months of receiving the ICRS s final conclusion letter on conciliation. Such requests should be made in writing to the NCC. The NCC Catherine House Victoria Road Aldershot Hampshire GU11 1SS info@thencc.org.uk codes 25
Copyright 2011 NCC This model contract text, excluding logos, may be reproduced free of charge in any format or medium by members of the NCC www.thencc.org.uk codes 26 26