OFFICE OF FAIR
TRADING News Release (05/08) issued by The Government News Network
on 15 January 2008
The British
Holiday & Home Parks Association and the National Caravan
Council have agreed with the OFT, to offer fairer terms and
conditions to consumers buying holiday caravans sited on holiday parks.
Both associations, whose membership makes up a significant
proportion of the holiday caravan park sector, approached the OFT
to discuss model terms and conditions contained in the Purchase
Agreement and Licence Agreement for a Holiday Caravan Pitch.
The new model terms will offer clearer and fairer terms to
consumers including:
* greater clarity of the rights and obligations of both parties,
* greater clarity of the behavioural standards expected,
* fairer rules governing the sale of the caravan,
* clearer and fairer termination terms and the option to cancel
an agreement early and receive a proportional refund of prepayments,
* a clear mechanism for pitch fee review,
* preservation of consumer's rights when the park owner
wishes to move the caravan for development purposes, and
* clear dispute resolution procedures.
Mike Haley, OFT Head of Consumer Protection, said:
'We welcome the efforts made by The British Holiday &
Home Parks Association and the National Caravan Council to tackle
the concerns in this market and offer clearer and fairer terms to
consumers buying holiday caravans sited on holiday parks. We hope
this will set an example to all park owners and encourage them to
review their terms and conditions to ensure they are fair.'
Guidance on unfair terms in holiday caravan agreements for park
owners and a leaflet called 'A fair pitch for your
caravan' to advise consumers is available from the OFT
website http://www.oft.gov.uk
NOTES
1. The British Holiday & Home Parks Association - registered
office is Chichester House, 6 Pullman Court, Great Western Road,
Gloucester GL1 3ND.
2. National Caravan Council Ltd - registered office is Catherine
House, Victoria Road, Aldershot, Hampshire, GU11 1SS.
3. Part 8 of the Enterprise Act 2002 gives the OFT powers to
obtain court orders against traders that breach a range of
consumer legislation such as that relating to unfair terms in
consumer contracts and distance selling.
4. The Unfair Terms in Consumer Contracts Regulations 1999 apply
to standard contract terms used with consumers. The UTCCRs protect
consumers against unfair standard terms in contracts they make
with traders. The OFT, and certain other bodies, can take legal
action to prevent the use of potentially unfair terms. A term is
likely to be considered unfair if, contrary to the requirement of
good faith, it causes a significant imbalance in the parties'
rights and obligations under the contract, to the detriment of
consumers. The Regulations say that a consumer is not bound by a
standard term in a contract with a trader if that term is unfair.
Ultimately, only a court can decide whether a term is unfair.
5. Guidance on UTCCRs and caravans in particular can be obtained
from: http://www.oft.gov.uk/shared_oft/business_leaflets/unfair_contract_terms/oft734.pdf
http://www.oft.gov.uk/shared_oft/consumer_leaflets/general/oft770.pdf
http://www.oft.gov.uk
PUBLIC enquiries: 0845 7224499 enquiries@oft.gov.uk
OFT
reports and consumer information leaflets are available free
from:
OFT, PO Box 366, Hayes UB3 1XB 0800 389 3158 oft@ecgroup.uk.com