Managed Sublet Scheme - Terms and Conditions
In the following terms & conditions "Park Manager", "us", "our", or "we" means Kingsdown Holiday Park. "Holiday home owners" "you" or "your" means the person(s) named in the agreement.
"Holidaymaker(s)"means the person(s) hiring the Holiday Home including their guests. "Holiday Home" means the holiday home identified overleaf. "Park" means Kingsdown Holiday Park and park manager means Jackdaw Leisure Management Ltd. The Holiday Home Owner appoints the manager as sole agent for the purpose of letting the Holiday Home for the current season on the following terms and conditions.
*Jackdaw Leisure is a professional management company with 20 years' experience in the holiday park sector. Jackdaw Leisure is responsible for the day to day operations of its managed parks as well as things such as maintenance, repairs and health and safety. All park staff work for Jackdaw Leisure and report to the company director Mr Michael Paul.
HOLIDAY HOME OWNER'S PART - You agree with us as follows:
- To ensure holiday makers come back year after year your holiday home must be of the highest possible standard.
- All holiday homes must be of modern design, clean and of smart appearance inside and out and conform to the description in our current brochures/website.
- You will insure the holiday home to its full replacement value against all the usual risks including fire and storm damage, and against the Holiday Home Owners liability to the Holidaymakers, their guests and third parties in such reasonable sums as we may notify you from time to time (not being less than £2million) and will provide us with up to date details of insurances upon request. It is strongly advised that you insure your holiday home contents against damage.
- You must ensure your holiday home is fully equipped with crockery, cutlery and kitchen, cooking and cleaning equipment for the number of people it will sleep. The park Manager will give you inventory details and information on special requirements for Holiday Homes let out on your park.
- You must have all electrical appliances, smoke alarms and fire extinguishers inspected once a year and obtain all the necessary certificates. NB The park manager will arrange for these inspections and obtain the necessary certificates for you at your expense. Gas cookers and gas heaters are not permitted.
- You must ensure that the Holiday Home complies with all statutory requirements of competent authorities and recommendations of Visit Kent relating to the ventilation of holiday homes. In particular you must ensure that all fixed ventilation openings, ventilation screens & grilles are kept clean and unobstructed at all times and that all appliances are checked regularly (not less than once a year).
- Three labelled sets of keys per Holiday Home must be given to the park Manager before letting commences at the beginning of the season.
- If you want to make an alteration to Holiday Home Owner's dates please use your owners login to the website in order to edit availability. If your Holiday Home is vacant the park manager will be happy for you to reserve it for your own use online.
- Your service charge account must be settled in full or a standing order set up for the forthcoming season, before application to sublet can be accepted and you agree to pay the park manager a commission of 35% + VAT of the accommodation hire costs (plus any applicable value added tax) to cover commission, all marketing costs, all cleaning charges, and all minor repair works to your Holiday Home. Other running costs (including any unpaid charges, service and facility charges, any major maintenance repairs and replacements and any applicable value added tax will be deducted from sublet monies at the end of the season. All costs are detailed on our sublet chargeable services information sheet. The park Manager will have discretion to decide what constitutes minor or major repairs for this purpose.
PARK MANAGERS PART – We will carry out the following:
- Produce and circulate all direct mail including building and maintaining a full web site. Undertake all advertising, including national press, local radio and the internet.
- Conduct all correspondence with the Holidaymakers.
- Collect all monies on the Holiday Home Owner's behalf.
- Clean the Holiday Home between lettings (any cleaning required after Holiday Home Owner's dates will incur the standard cleaning charge unless the Holiday Home has been taken off letting for a period of time of not less than one month) and provide linen i.e. sheets and pillowcases, towels and welcome packs.
- Replace any equipment, repair breakages
- The park manager reserves the right to carry out all repairs and replacements to maintain the Holiday Home to the standards required and charge all expenses incurred in doing so to the Holiday Home Owner's account. The park manager will arrange for electrical appliances to be maintained to the standard required. The appliances will be repaired or replaced as necessary at the Holiday Home Owner's expense.
- At the end of each season or at any time on request the manager will send the Holiday Home Owner a computerised statement of lettings showing a breakdown of lettings for the season together with a statement of account showing details of all expenses (including repairs and service charges) which have been deducted.
At the end of the season, following deduction of all necessary subletting expenses (including handling and commission charges plus any other charges payable on the Holiday Home Owner's account) the park manager will, where the account is in credit, transfer the total sum by BCAS. The park manager reserves the right to insert and vary such terms and conditions into the Hire Agreement with the Holidaymakers as the park manager deems necessary without further notice to the Holiday Home Owner.
LIMIT TO THE PARK MANAGER'S LIABILITY
The following sets out the full extent of the Park manager's liability in relation to the provision of park facilities and its activities as agent of the Holiday Home Owner. Where problems occur in relation to the letting of the Holiday Home, the park manager will deal with Holidaymaker direct. However, for the avoidance of doubt, where the Holidaymakers complaint results from a breach in these terms and conditions by the Holiday Home Owner, the provision of paragraph 7 below will apply.
- Nothing in these terms and conditions shall exclude the park managers liability for the death of or injury to any person entering the park (whether the Holiday Home Owner, the Holidaymaker, their guest, or any third party. To the extent that it is caused by the negligence or breach of any statutory duty by the park manager, it's employees, sub-contractors or agents.
- The park manager shall not be liable for any loss, damage delay or inconvenience of any nature whatsoever and to whomsoever the same may be caused arising out of any circumstances beyond the reasonable control of the park manager (including, without limit, acts of God, accidents, malicious damage, fire, water, storm, or other damage, compliance with a law, governmental order or regulation and any disputes between the park manager and its employees or agents.
- The park manager shall not be liable to the Holiday Home Owner for any losses suffered or damage caused to the Holiday Home Owner's Holiday Home or other property by a Holidaymaker, their guests or a third party, for any loss or damage caused by a Holidaymaker's negligence, dishonesty or otherwise by the use of the Holiday Home by Holidaymakers or others in any way whatsoever. As noted above, the Holiday Home Owner should ensure that they have adequate cover under a current insurance policy to protect against such losses or damages.
- The park manager shall pay for any damage caused to the Holiday Home or the Holiday Home Owner's property by the negligence or breach of statutory duty of the park manager, it's employees, sub-contractors or agents.
- The park manager is not liable to the Holiday Home Owner for any of the following losses that were not reasonably foreseeable to both parties when these terms and conditions were entered into, losses that were not caused by any breach of these terms and conditions on the part of the park manager, business losses (including but not limited to loss of profit, business opportunity or goodwill or any other indirect, special or consequential losses) or losses for which the Holiday Home Owner can make a successful claim under (or would have been able to had it not been for their breach of) their insurance policy or against any third party.
- Except as provided by paragraph 1 above, any other liability of the park manager to the Holiday Home Owner in contract, tort, breach of statutory duty or otherwise arising out of, or in connection with these terms and conditions is limited to an amount equivalent to the sums paid by the Holiday Home Owner to the park manager here under.
- The Holiday Home Owner agrees to pay to the park manager all reasonable costs, claims, demands, liabilities, expenses, damages or losses arising out of or in connection with the Holiday Home Owner’s delay, negligence default or breach of these terms and conditions, or any variation in its instructions to the park manager.
This agreement will terminate at the end of the season (on such date as shall be notified by the Park manager to the Holiday Home Owner) provided that the park manager reserves the right to terminate this agreement at an earlier date in the event that the Holiday Home Owner breaches these terms and conditions or becomes insolvent (or the park manager reasonably considers that the Holiday Home Owner is about to become insolvent) or on the termination of lease agreement for the Holiday Home. Termination of this agreement shall be without prejudice to, and shall not affect the accrued rights and obligations of either party hereunder.
These terms and conditions only confer rights and benefits on the park manager and the Holiday Home Owner and no third party can acquire the right and benefits under these terms and conditions (whether under the Contracts (Rights of Third Parties) Act 1999, or otherwise).
Any notice given under these terms and conditions shall be in writing and addressed to the registered office, principal place of business or residence of the addressee or any other address notified for the service of documents. Any notice must be given by hand or sent by first class post (airmail if overseas) or recorded delivery post. E-mail is not effective notice. Notices may be faxed provided they are also sent in accordance with this provision.
The Holiday Home Owner may not assign or sub-contract its rights or obligations under these terms and conditions, but the park manager may assign or sub-contract all or any of its rights or obligations hereunder.
Any waiver by the park manager or any breach of these terms and conditions by the Holiday Home Owner will not be treated as waiving any subsequent breach of the same or any other provision.
These terms and conditions (and the documents referred to herein) set out the entire agreement between the parties and supersede any previous agreements between the parties relating to the subject matter of these terms and conditions. In entering into these terms and conditions the Holiday Home Owner has not relied on any representation, warranty, agreement or statement not set out in these terms and conditions and (in the absence of fraud) it will not have any right or remedy arising out of the same.
English law governs these terms and conditions and the parties agree to the exclusive jurisdiction of the English courts.